Wyo. Code R. 045 | Wyoming Administrative Rules 045 — Transportation, Dept. of

272 Aeronautics Commission

Chapter 3 Aerial Obstruction Reporting Requirements

Wyo. Code R. 045.0001.3.07212009 Aerial Obstruction Reporting Requirements

Wyoming Department of Transportation

Aerial Obstruction Reporting Requirements

CHAPTER 3

Section 1. Authority and Purpose.

These rules and regulations are adopted pursuant to W.S. 10-4-305 to administer a program for reporting information about certain aerial obstructions to the Wyoming Department of Transportation.

Section 2. Reporting Requirements.

(a) Persons owning or leasing a structure meeting the reporting requirements of W.S. 10-4-305 shall submit, as described in Section 3 of this rule, the following information to the Wyoming Aeronautics Division of the Wyoming Department of Transportation on or before April 30, 2009, for every structure erected before April 30, 2009.

(i) The structure's exact location by latitude, longitude, and county;

(ii) The elevation of the site in feet;

(iii) The structure's height above ground level, in feet;

(iv) The owner's name, address, telephone number, e-mail address (if any), and owner's representative (if any); and

(v) The method used to make the structure visible.

(b) For any structure meeting the reporting requirements of W.S. 10-4-305 and erected or raised after April 30, 2009, a report shall be filed not less than 10 days before erection or raising.

(c) Any person removing a structure subject to the reporting requirements of W.S. 10-4-305 shall report the removal using the procedures described in Section 3 within 10 days.

(d) The Wyoming Department of Transportation shall make information, other than ownership information, available to the public as described in W.S. 10-4-305.

Section 3. Contact Information.

(a) Information as required in Section 2 of this rule shall be submitted to the Aeronautics Division of the Wyoming Department of Transportation using the Wyoming Meteorological Towers Reporting System through the following electronic address: http://www.dot.state.wy.us/wydot/aeronautics.

(b) If electronic submission is unfeasible, the information required by Section 2(a) of this rule shall be submitted by paper to the Aeronautics Division using the following mailing address: 5300 Bishop Boulevard, Cheyenne, WY 82009.

History

Effective 2009-07-21

Chapter 4 Air Service Enhancement Program

Wyo. Code R. 045.0001.4.11062015 Air Service Enhancement Program

Wyoming Department of Transportation

Air Service Enhancement Program

CHAPTER 4

Section 1. Authority.

These rules of practice and procedure are promulgated by authority of W.S. 10-3- 201, W.S. 10-3-601(b), W.S. 10-3-601(g), and W.S. 10-3-602.

Section 2. Purposes of the Rules.

(a) These Wyoming Department of Transportation (WYDOT) Aeronautics Division rules are intended to provide a uniform process for submitting grant applications and to clarify the benefits to be evaluated when considering applications as in W.S. 10-3- 601(b) and W.S. 10-3-601(g) by ensuring consistency in the Air Service Enhancement Program (ASEP).

(b) These rules also provide a uniform and understandable interpretation of the process of approval for all funds granted under the ASEP.

Section 3. Definitions.

All definitions as set forth in W.S. 10-1-101 and W.S. 10-3-601(b) and (f) apply to these rules.

Section 4. Evaluation of Benefits.

Any state grant for air service enhancement shall be conditioned upon and evaluated by the following potential benefits.

(a) Maintaining critical air service (defined as daily scheduled service to one hub airport).

(b) Increasing or sustaining economic benefit, or facilitating new or existing business opportunities, by providing adequate air service to Wyoming communities.

(d) Increasing the number of Wyoming passengers originating flights in Wyoming, rather than in other states.

(e) Increasing or sustaining the frequency of flight operations from commercial Wyoming airports to regional airport hubs.

(f) Delivering competitive airfare for Wyoming passengers.

(g) Raising the minimum number of enplanements at airports facing a potential loss of federal Airport Improvement Program (AIP) funding.

Section 5. Benchmarks.

The following benchmarks shall be used to assess the ASEP.

(a) Air service.

(b) Economic benefit.

(d) Passenger retention.

(e) Enplanements.

(f) Flight capacity.

(g) Competitive airfares.

Section 6. Grant Application Process.

The Department uses a uniform application process for all funds granted under the ASEP.

(a) The community sponsor and the airline discuss air service needs, and negotiate costs and service terms.

(b) The airline provides the community sponsor a forecast with assumed cost and revenues for the suggested contract term.

(c) The community sponsor discusses obligations and terms under the ASEP with the airline and receives the airline's consent.

(d) The community sponsor gathers required cash commitments from the local community.

(e) The community sponsor completes and signs the ASEP application for funding.

(f) All applications shall be submitted to the Aeronautics Division 30 calendar days prior to the next Aeronautics Commission meeting for grant consideration. Grant applications received after the 30 day deadline shall not be considered until the following Commission meeting.

(g) The Aeronautics Division reviews the application, verifies data with the resources available, and makes a recommendation to the Wyoming Aeronautics Commission.

(h) The Aeronautics Commission reviews the application submitted by the community sponsor and the recommendation by the Aeronautics Division and considers the application at the monthly Aeronautics Commission meeting.

(i) The community sponsor shall be responsible for any expenses incurred prior to Aeronautics Commission consideration and approval of any application; exceptions can be made at the Aeronautics Commission's discretion.

Section 7. Non-Compliant Grantees.

(a) The Aeronautics Division shall, at WYDOT's discretion, investigate non- compliant grantees and pursue all appropriate legal means including termination of any grant agreement and any or all items and shall seek remediation for monies expended by WYDOT and received by non-compliant grantees.

(b) If a community sponsor fails to pay any amount owed when the same shall become due and payable, WYDOT shall pursue remedies in law or in equity at its discretion.

History

Effective 2015-11-06

273 Fuel Tax Administration

Chapter 1 Fuel Tax Administration

Wyo. Code R. 045.0002.1.11032015 Fuel Tax Administration

Wyoming Department of Transportation

Fuel Tax Administration

CHAPTER 1

Section 1. Authority.

These rules are promulgated by authority of W.S. 39-17-102, W.S. 39-17-202, and W.S. 39-17-302.

Section 2. Licensing Procedure for New Applicants.

(a) A supplier, terminal operator, distributor, importer, or exporter shall apply on forms the Wyoming Department of Transportation (WYDOT) provides. The applicant shall:

(i) Submit proof of registration to do business in Wyoming from the Wyoming Secretary of State;

(ii) Submit a current list of the business's owners, partners, members, managers, or corporate officers;

(iii) Submit a federal document identifying the entity's federal employer tax identification number;

(iv) Declare bulk storage capacity located in Wyoming by fuel type;

(v) Declare the physical location of the business, bulk plant, and all other storage facilities; and

(vi) Remit the appropriate licensing fee for each fuel type license requested.

(b) In addition to the preceding procedures, a supplier, terminal operator, distributor, importer, or exporter may be required to:

(i) Submit a current financial statement;

(ii) Submit proof of a valid sales tax license.

(i) Submit proof of registration to do business in Wyoming from the Wyoming Secretary of State;

(ii) Submit a current list of the business's owners, partners, members, managers, or corporate officers;

(iii) Submit proof of a federal tax identification number;

(iv) Declare bulk storage capacity located in Wyoming by fuel type;

(v) Declare the physical location of the business and all storage facilities;

(vi) Submit a list of fuel suppliers; and

(vii) Remit the appropriate licensing fee for each fuel type, per location.

(d) In addition to the preceding procedures, a dealer may be required to:

(i) Submit proof of a valid sales tax license; and

(ii) Submit a color photograph of all storage facilities.

Section 3. License Renewal Procedure.

(a) A refiner, supplier, terminal operator, distributor, importer, exporter, or dealer shall renew annually on forms WYDOT provides. The applicant shall:

(i) Provide proof of good standing from the Wyoming Secretary of State;

(ii) Remit the appropriate licensing fee for each fuel type license requested; and

(iii) Provide the physical location for all bulk plants and storage facilities if they have been moved, relocated, or updated.

(b) When the license expires, the licensee shall not purchase, sell, or distribute fuel, and the licensee's suppliers shall be so notified.

(c) A supplier, refiner, terminal operator, distributor, importer, exporter, or dealer shall be in compliance with Wyoming fuel tax statutes to renew a license.

Section 4. Relicensing Procedures for Expired or Revoked Licensees.

(a) A licensee whose license has expired or who has had a license revoked and seeks relicensing shall file an application with WYDOT and remit the required license fee.

(b) In addition to the preceding procedures, a licensee may be required to:

(i) Remit in certified funds all unpaid taxes, penalties, and interest along with all outstanding fuel tax reports;

(ii) Submit the required licensee fee using certified funds; and

(iii) Post a bond with the Department pursuant to W.S. 39-17-106, W.S.39-17-206, or W.S. 39-17-306.

Section 5. Notice of Intent to Revoke Refiner, Supplier, Distributor, Importer, Exporter, and Dealer License.

(a) WYDOT shall issue a failure-to-file delinquency notice to a licensee who fails to comply with W.S. 39-17-107(a), W.S. 39-17-207(a), or W.S. 39-17-307(a) by not filing the required monthly tax reports on time. The licensee shall have 10 days from the date of the letter to file the delinquent tax report. Noncompliance may result in license revocation. WYDOT shall notify any revoked licensee's suppliers and customers of the revocation.

(b) WYDOT shall issue a billing for delinquent taxes, penalty, and interest to a licensee who fails to comply with W.S. 39-17-107(b), W.S. 39-17-207(b), or W.S. 39-17- 307(b) by remitting the correct monthly fuel taxes. The licensee shall have 10 days from the date of the letter to remit the delinquent taxes, penalty, and interest. Noncompliance shall result in license revocation. WYDOT shall notify any revoked licensee's suppliers and customers of the revocation.

Section 6. Refund Claims and Audit Documentation.

(a) Any refund requests from distributors, importers, exporters, or suppliers shall be submitted on or before the last day of the month for the preceding calendar month. The refund request is not valid if not submitted within one year from the date of purchase.

(b) Any portion of a refund request may be withheld to satisfy taxes due.

(c) A licensee may retain record information on CD-ROM, disk, microfiche, or other electronic means with prior WYDOT approval.

(d) End-user refunds are addressed in Sections 14 and 15 of this rule and regulation.

Section 7. Gross/Net and Billed Reporting.

(a) Suppliers shall report net, gross, and billed gallons.

(b) Distributors, importers, and exporters shall report the gross gallons and billed gallons.

(c) Distributors, importers, and exporters shall be required to report net gallons when billed on net gallons. Any excess fuel tax collections shall be remitted.

Section 8. Shrinkage Credit.

(a) To qualify for a shrinkage credit, a distributor or importer shall:

(i) Submit a letter requesting shrinkage credit;

(ii) Submit a legal description of the bulk plant location(s); and

(iii) Submit a color photograph of the bulk plant(s).

(b) To qualify for shrinkage credit, fuel purchased from a broker at a terminal shall be owned by the purchaser when it leaves the terminal.

Section 9. Bulk Plants and Bulk Storage.

(a) Bulk plants, by definition, are a fuel storage and distribution facility, other than a terminal, from which accountable products may be removed at a rack.

(b) Bulk storage includes fuel stored in transport trucks, tank wagons, rail cars, or any other vessel.

Section 10. Insufficient Funds Checks Written to WYDOT.

All insufficient funds checks shall be redeemed with certified funds. WYDOT may require certified funds for all future fuel taxes, penalties, interest, and license renewal fees.

Section 11. Unrecoverable License Taxes.

The supplier, distributor, or importer shall notify WYDOT of any unrecoverable Wyoming license taxes. WYDOT shall then provide the supplier, distributor, or importer with the documentation necessary to request a tax credit. WYDOT shall authorize in writing the credit to be taken against a future liability.

Section 12. Aviation Distribution Procedures.

The aviation distribution shall be comprised of taxes on fuel distributed to bulk storage facilities at Wyoming airports and used for the aircraft at the airport.

Section 13. Electronic Filing.

(a) Suppliers, distributors, importers, and exporters will be required to file monthly reports electronically by the specified in the following:

(i) All filers with more than 250 scheduled lines shall file monthly reports electronically;

(ii) On or before January 1, 2016, all filers shall file monthly reports electronically.

(b) Any filer who is not able to file electronically on or before the preceding referenced date must be exempted in writing by the Department.

Section 14. End-User Refunds.

(a) To qualify for an end-user refund, the applicant shall be the end-user (defined as any person consuming or using accountable products or motor fuel).

(b) No altered or corrected invoice shall be accepted for refund purposes. Invoices containing errors shall be voided, and a new invoice issued and attached to the original invoice. The seller shall retain all invoices (original and voided) for 3 years.

(c) Undyed and tax paid special diesel fuel used to power auxiliary or off-road equipment is eligible for a refund of the fuel taxes paid at the time of purchase, less the state sales tax due the Department of Revenue. The user(s) shall:

(i) Submit a written and signed form as provided by the Wyoming Department of Transportation;

(ii) Submit receipts and total gallons along with the written claim forms to the Department. These shall show the amount of taxes paid (fuel and additional license tax) on any special fuel;

(iii) State the purpose of the fuel usage and describe the reason a refund is due; and

(iv) If applicable, include a list of all equipment powered by the diesel fuel claimed for refund.

(d) As applicable, trip logs, fuel disbursement log(s), receipts and invoices, and a complete list of all vehicles and equipment shall be maintained for audit purposes at the fuel user's office. WYDOT may request this information for verification at any time.

(e) Idle time and off-loading are taxable uses of fuel and shall not be eligible for any non-highway credit or refund.

(f) The one-cent per gallon additional license tax imposed by W.S. 39-17-104, W.S. 39-17-204, or W.S. 39-17-304 is not subject to refund.

(g) Tax-paid bulk gasoline or undyed diesel purchased for agricultural purposes is eligible for a refund of the fuel taxes paid at purchase. The user shall:

(i) Submit a statement to the Wyoming Department of Transportation in the format required by the Department;

(ii) Submit receipts and total gallons with the statement showing taxes paid (fuel and additional license taxes) on the bulk gasoline or undyed diesel;

(iii) Specify the number of gallons claimed; and

(iv) Provide proof with an Internal Revenue Service (IRS) form that shows the entity is registered as an agricultural business, or provide the State of Wyoming Agricultural Producers alternative form. Required forms shall be noted on the refund request.

Section 15. Alternative Fuels.

(a) Biodiesel Blend

Wyoming statutes designate a biodiesel blend contains xx biodiesel blended with a petroleum product. The Department shall consider any diesel product with 6 percent or more biodiesel a bio-diesel blend. Therefore, Bxx is B6, so B1 through B5 are classified as undyed diesel.

(b) Shrinkage Credit

Shrinkage credit is applicable for the following alternative fuels: biodiesel blends, E- 85, and hydrogen.

(i) To qualify for shrinkage credit, a distributor or importer shall:

(A) Submit a letter requesting shrinkage credit;

(B) Submit a legal description of the bulk plant location(s); and

(ii) To qualify for a shrinkage credit, fuel purchased from a broker at a terminal shall be owned by the purchaser when it leaves the terminal.

Alternative fuel dealers shall be required to file monthly reports electronically, effective January 1, 2016.

(d) End-User Refunds

(i) To qualify for an end-user refund, the applicant shall be the ultimate purchaser (defined as any person consuming or using accountable products).

(ii) Concerning compressed natural gas (CNG) and liquefied natural gas (LNG), invoices shall be calculated based on gasoline gallon equivalency (GGE) or diesel gallon equivalency (DGE), whichever is applicable to the specified alternative fuel.

(iii) Liquefied natural gas (LNG) and/or biodiesel blends used to power

auxiliary or off-road equipment is eligible for a refund of the fuel taxes paid at the time of purchase, less the state sales tax due the Wyoming Department of Revenue. The user(s) shall:

(A) Submit a written and signed form as provided by the Wyoming Department of Transportation;

(B) Submit receipts and total gallons along with the written claim forms to the Department. These shall show the amount of taxes paid (fuel and additional license tax) on any special fuel;

(D) If applicable, include a list of all equipment powered by the diesel fuel claimed for refund.

(iv) As applicable, trip logs, fuel disbursement log(s), receipts and invoices, and a complete list of all vehicles and equipment shall be maintained for audit purposes at the fuel user's office. WYDOT may request this information for verification at any time.

(v) Idle time and off-loading are taxable uses of fuel and shall not be eligible for any non-highway credit or refund.

(vi) The one-cent per gallon additional license tax imposed by W.S. 39-17- 104, W.S. 39-17-204, and W.S. 39-17-304 is not subject to refund.

(e) Tax-paid bulk alternative fuels purchased for agricultural purposes is eligible for a refund of the fuel taxes paid at purchase. The user shall:

(i) Submit a statement to the Wyoming Department of Transportation in the format required by the Department;

(ii) Submit receipts and total gallons with the statement showing taxes paid (fuel and additional license taxes) on the bulk gasoline or undyed diesel;

(iii) Specify the number of gallons claimed; and

History

Effective 2015-11-03

274 General Agency, Board or Commission Rules

Chapter 1 Procedures for Public Notice of Call for Bids

Wyo. Code R. 045.0003.1.12172025 § 1 Authority and Purpose

W.S. 24-2-108 requires the Transportation Commission of Wyoming to adopt general rules and regulations to call for bids for Wyoming Department of Transportation (WYDOT) highway projects.

History

Effective 2025-12-17

Wyo. Code R. 045.0003.1.12172025 § 2 Advertising Period

(a) Publication Medium. WYDOT shall publish invitations to bid in one newspaper with a statewide circulation as well as electronically on the WYDOT website at dot.state.wy.us.

(b) Advertisement Frequency and Duration. The advertisement shall appear once a week for at least three consecutive weeks with a one-week period between the last advertisement and the bid opening, except as described in Section 2(c).

(c) Exceptions. At WYDOT's discretion, it may use shorter or longer advertisement periods based on the agency's experience with similar jobs and its evaluation of exigent circumstances. In such cases, the advertisement shall clearly note the advertisement period.

History

Effective 2025-12-17

Wyo. Code R. 045.0003.1.12172025 § 3 Emergency Contracting

When an emergency, as defined in W.S. 24-2-108, requires immediate action, projects may not be advertised.

History

Effective 2025-12-17

Chapter 2 Certification & Decertification of Disadvantaged Business Enterprises

Wyo. Code R. 045.0003.2.03082000 Certification & Decertification of Disadvantaged Business Enterprises

Wyoming Department of Transportation

Certification and Decertification of Disadvantaged Business Enterprises

CHAPTER 2

Section 1. Authority.

W.S. 24-2-105 and W.S. 24-2-108 authorize the Transportation Commission of Wyoming to adopt general rules and regulations for determining eligibility to participate in the Disadvantaged Busi- ness Enterprise (DBE) Program. In addition, the Transportation Commission of Wyoming is obligated to implement 23 C.F.R. 230; 49 C.F.R. 23, as amended; and 49 C.F.R. 26 for full participation in the federal-aid highway program. To comply with these regulations, the Transportation Commission of Wyoming requires the Wyoming Department of Transportation (WYDOT) to certify disadvantaged business enterprises.

Section 2. Purpose.

The purpose of these rules is to determine and recognize the eligibility status of disadvantaged business enterprises and satisfy U.S. Department of Transportation policy.

Section 3. Definitions.

"Disadvantaged business enterprise" means a small business concern as defined according to Section 3 of the Small Business Act (15 U.S.C. 631, et seq.), and relevant regulations promulgated pursuant to this act, that is owned, operated, and controlled by socially and economically disadvantaged individuals, including minority and woman-owned business enterprises.

Section 4. Certification Statement.

All individuals and firms wishing to be recognized and certified as disadvantaged business enterprises shall first submit a disadvantaged business enterprise application, furnished by WYDOT, to certify eligibility. The application submitted shall contain sufficient information to establish clearly the disadvantaged business enterprise status of the firm or individual.

Section 5. Annual Notification of Change.

Previously certified disadvantaged business enterprises shall file an annual eligibility update affidavit.

Section 6. Appeals Procedure.

The individual or firm whose certification has been denied or revoked by WYDOT may file an appeal with the U.S. Department of Transportation to have the denial or revocation reviewed. The appeal shall be filed within 90 days of the denial or revocation.

Section 7. Decertification.

The Wyoming Department of Transportation may, upon receiving information furnished by the disadvantaged business enterprise or an interested third party, determine that the enterprise's eligibility status has changed enough that WYDOT can no longer recognize the individual or firm as disadvantaged business enterprise.

Section 8. Third Party Challenge.

A third party may challenge, in writing, a disadvantaged business enterprise certification.

History

Effective 2000-03-08

Chapter 3 Appeals and Hearings

Wyo. Code R. 045.0003.3.11162015 Appeals and Hearings

Wyoming Department of Transportation

Appeals and Hearings

CHAPTER 3

Section 1. Authority.

These rules are promulgated, authorized, and required by W. S. 16-3-102(a) and W.S. 24-2-105.

Section 2. Purpose.

The purpose of this chapter is to establish a system by which interested persons may appeal the decisions of the Wyoming Department of Transportation (WYDOT) and to provide standards of conduct for all contested case hearings, except as otherwise provided by law.

Section 3. Contested Case Proceedings.

(a) Any party notified by WYDOT of a decision that adversely affects that party shall be entitled to a hearing before a hearing officer designated by WYDOT if the party requests a hearing in writing within 30 days from the date the notice is received.

(b) The uniform rules for contested case practice and procedure adopted by the Office of Administrative Hearings shall govern all contested case proceedings.

Section 4. Incorporation by Reference.

(a) Any code, standard, rule, or regulation incorporated by reference does not include any later amendments or editions of the incorporated matter beyond the applicable data identified in subsection (b) of this section.

(b) The following code, standard, rule, or regulation is incorporated by reference: Chapter 2, Uniform Rules for Contested Case Practice and Procedure, adopted by the Office of Administrative Hearings and effective on October 17, 2014. The incorporated material may be found at the following:http://soswy.state.wy.us/Rules/RULES/9644.pdf.

Section 5. Informal Hearings.

(a) Any party entitled to a contested case hearing in a matter involving WYDOT may waive rights to a formal hearing and may request an informal hearing before the Transportation Commission of Wyoming or a Commission-appointed individual or panel. Such request shall be filed in writing with the Secretary of the Transportation Commission of Wyoming, Wyoming Department of Transportation, 5300 Bishop Boulevard, Cheyenne, Wyoming, 82009-3340.

(b) At all informal hearings, records of the proceedings shall be made to include all documentary evidence submitted by any party. WYDOT shall prepare findings of fact and conclusions of law and submit them to the Transportation Commission of Wyoming for consideration.

History

Effective 2015-11-16

Chapter 6 Bidder Prequalification Procedures for Transportation Projects

Wyo. Code R. 045.0003.6.12172025 § 1 Authority

The Wyoming Department of Transportation (WYDOT) promulgates this chapter pursuant to W.S. 24-2-108, which authorizes the Transportation Commission of Wyoming (Commission) "to determine the qualifications and responsibilities of bidders." The Commission shall interpret the rules promulgated in this chapter and shall revise them pursuant to the Wyoming Administrative Procedure Act (W.S. 16-3-101, et. seq.) as required.

History

Effective 2025-12-17

Wyo. Code R. 045.0003.6.12172025 § 2 General Purposes

The Commission requires that every contractor wishing to undertake any state road or building project prequalify before submitting a bid so that the state may obtain the services of only well-qualified, experienced, and financially secure contractors to construct or reconstruct state highway facilities, public roads, or Department-owned buildings. No contract shall be awarded to any bidder who has not prequalified under these rules and abided by them.

History

Effective 2025-12-17

Wyo. Code R. 045.0003.6.12172025 § 3 Informal Bids

(a) Definition. "Informal Bids" means bids submitted without using the strict formalities of a traditional, public bidding process.

(b) Amounts. The Commission shall determine the amounts for informal bids and may accept them without prequalification requirements.

(c) Advertisement. Informal bids shall be advertised in newspapers or other publications in the proposed project's locality. Informal bids shall also be advertised electronically through the following, which shall indicate any special allowances for accepting bids, such as telephone, email, or written quotation responses:

https://www.dot.state.wy.us/home/business_with_wydot/contractors/contractor_bids.html

History

Effective 2025-12-17

Wyo. Code R. 045.0003.6.12172025 § 4 Highway Contractor Prequalification

(a) Department Questionnaire. All persons proposing to bid on any WYDOT construction project shall first submit a statement under oath on a questionnaire furnished by the Department. Such statements shall fully indicate the applicant's financial ability and the adequacy of its equipment, organization, and experience. The statements shall also include any pertinent information necessary to assess the applicant's status accurately.

(b) Worker's Compensation Compliance. At the time of submitting for prequalification, applicants shall furnish satisfactory evidence of compliance with the Wyoming Worker's Compensation Act (W.S. 27-14-101, et seq.) by providing a current certificate of good standing or, if from out of state, proof of a worker's compensation insurance policy.

(c) Financial Statements. All financial statements shall be filed with WYDOT within fifteen (15) months of the end of the applicant's fiscal year and shall be submitted in one of the following ways:

(i) Unaudited financial statement, to include a review or compilation, which shall have the opinion and signature of a reputable public accountant who is neither an employee of the applicant's firm nor related to the owner or owners. The net worth from an unaudited financial statement, up to a maximum of $1 million, may be used for determining the prequalification amount.

(ii) Audited financial statement bearing the signature of the certified public accountant (CPA) who actually performed the financial audit and the CPA's opinion and registration number. The net worth from an audited financial statement, regardless of amount, may be used in determining the prequalification amount.

(d) Firm Name. WYDOT shall use the name of the firm as it is registered with the Wyoming Secretary of State for prequalification and bidding purposes. The applicant, therefore, shall verify that the accountant shows the firm's name properly in the opinion.

History

Effective 2025-12-17

Wyo. Code R. 045.0003.6.12172025 § 5 Highway Contractor Prequalification Term

(a) Prequalification Period. Prequalification shall last for fifteen (15) months, which shall commence on the date of the applicant's fiscal year end.

(b) Extensions. The applicant may obtain a ninety-day (90-day) extension, or another additional period approved by the prequalification officer if the applicant plans to revise its fiscal year. WYDOT shall consider the extension when it receives a notarized affidavit from the applicant. WYDOT retains the right to consider prequalification extensions at its sole discretion.

History

Effective 2025-12-17

Wyo. Code R. 045.0003.6.12172025 § 6 Highway Contractor Financial Worth, Assets, Liabilities, and Proof of Residence

Applicants shall show that they possess sufficient net current assets or working capital to render it probable they can satisfactorily execute their contracts and meet all contractual obligations incurred. The applicant shall authorize WYDOT to obtain all information pertinent to the applicant's financial standing from financial institutions, surety companies, equipment dealers or suppliers, or any other persons having financial dealings with the applicant. The applicant shall authorize the businesses or individuals described in this section to furnish the information requested.

History

Effective 2025-12-17

Wyo. Code R. 045.0003.6.12172025 § 7 Highway Contractor Advance Submission of Prequalification Statement

(a) Review. After receiving the questionnaire, WYDOT shall examine and verify the information submitted. Applications may take up to two (2) weeks to review once WYDOT receives all required information.

(b) Notification. A decision regarding the applicant's prequalification amount, rating, and work classification shall be made after all information is received. The WYDOT prequalification officer shall notify applicants regarding their application status.

(c), Residency Eligibility Certification. The Wyoming Department of Employment's Labor Standards office shall certify the applicant's residency eligibility.

History

Effective 2025-12-17

Wyo. Code R. 045.0003.6.12172025 § 8 Highway Contractor Appeals Procedure

(a) Notice of Appeal. When WYDOT receives written notice from an applicant appealing a prequalification determination, WYDOT shall hold an informal hearing to review the applicant's appeal.

(b) Hearing. The prequalification committee—composed of the five (5) district engineers, the state construction engineer, and the prequalification officer—shall hear the appeal within thirty (30) days of receiving the appeal.

(c) Notice of Findings. The applicant shall be notified of the prequalification committee's findings within ten (10) days after the informal hearing.

(d) Additional Reviews. If not satisfied with the prequalification committee's findings, the applicant has thirty (30) days to formally request that WYDOT executive staff review the prequalification committee's findings. The applicant, if dissatisfied with executive staff's findings, has thirty (30) days to formally request that the Commission review executive staff's findings. The Commission's findings of fact shall be deemed final, binding, and conclusive without further recourse.

Section 9. Highway Contractor Previous and Present Job Performance. WYDOT shall evaluate the applicant's previous and present job performance by using the Department's contractor performance evaluation system to determine the current prequalification rating. Work performed by subcontractors shall be reflected in the contractor's performance evaluation.

History

Effective 2025-12-17

Wyo. Code R. 045.0003.6.12172025 § 10 Highway Contractor Bidding Eligibility

(a) Prequalification Amount Remaining Calculation. Applicants requesting an approval to bid shall complete a current work affidavit indicating the total dollar value of all work under contract or subcontract (regardless of whom the contract is with), less work subcontracted out to a third party, currently remaining to be completed. To determine the prequalification amount remaining, WYDOT shall subtract the incomplete project work from the applicant's maximum prequalification amount.

(b) Approval to Bid. WYDOT shall issue an approval to bid to an applicant who meets all the prequalification criteria and prequalifies for the type of work involved if the proposed project does not significantly exceed the applicant's prequalification amount. The applicant shall be considered eligible for a particular type of work as long as the applicant commits its own workforce to perform at least 30 percent of the proposed work. Materials purchased for items to be subcontracted or placing other contractors' employees on the applicant's payroll shall not be considered as part of the 30 percent. This provision shall not allow subcontracting more than the percentage of the contract as established in the project contract.

(c) Joint Venture Approval to Bid. WYDOT shall issue a joint venture approval to bid to prequalified applicants upon request. WYDOT requires a completed current work affidavit from each firm in the joint venture before it issues the approval to bid. If the joint venture has one or more companies not registered in Wyoming, then the in-state preference shall not apply.

History

Effective 2025-12-17

Wyo. Code R. 045.0003.6.12172025 § 11 Building Contractor Prequalification

(a) Department Questionnaire. All persons proposing to bid on any WYDOT building construction project shall first submit a Standard Building Contractor Prequalification Questionnaire for Bidders (Form PQ-5), which is furnished by WYDOT. This proof shall be submitted to WYDOT's agent no sooner than thirty (30) days nor less than five (5) days before the bid letting.

(b) Worker's Compensation Compliance. At the time of submitting for prequalification, applicants shall furnish satisfactory evidence of compliance with the Wyoming Worker's Compensation Act (W.S. 27-104-101, et seq.) by providing a current certificate of good standing or, if out of state, proof of a worker's compensation insurance policy.

History

Effective 2025-12-17

Wyo. Code R. 045.0003.6.12172025 § 12 Building Contractor Prequalification Term

Prequalification shall be obtained each time for every project that the contractor plans to bid.

History

Effective 2025-12-17

Wyo. Code R. 045.0003.6.12172025 § 13 All Information Confidential

Pursuant to W.S. 16-4-203(d)(v), prequalification information and ratings are considered confidential and may be released only by court order.

History

Effective 2025-12-17

Wyo. Code R. 045.0003.6.12172025 § 14 Prequalification Revocation

Following a review of the applicant's prequalification, the prequalification committee may take action to revoke the prequalification if any of the following occurs:

(a) The applicant is declared in default while qualified in accordance with the applicable provision of any contract issued by the Commission;

(b) The applicant made false, deceptive, or fraudulent statements on the prequalification questionnaire;

(c) Another government agency debarred or restricted the applicant from bidding because of criminal acts or serious breach of contract, in the past, currently, or both;

(d) Another government agency disqualified the applicant for a substantial reason;

(e) The applicant attempted to or successfully influenced WYDOT policy through gratuities or gifts to personnel or by employing Department personnel; or

(f) The applicant, while qualified, demonstrated an inability to meet WYDOT requirements for specifications and contracts.

History

Effective 2025-12-17

Wyo. Code R. 045.0003.6.12172025 § 15 Caveat

Nothing contained in this chapter shall be construed to deprive the Commission of the right to reject any bid or to refuse to award a contract to the lowest bidder when circumstances or developments have, in the Commission's opinion, changed the bidder's qualification or responsibility.

History

Effective 2025-12-17

Wyo. Code R. 045.0003.6.12172025 § 16 Prequalification Correspondence

All questions and correspondence regarding highway contractor or building contractor prequalification shall be directed to:

Prequalification Officer, Construction Program

Wyoming Department of Transportation

5300 Bishop Blvd.

Cheyenne, WY 82009-3340

History

Effective 2025-12-17

Chapter 8 Award & Execution of Contract

Wyo. Code R. 045.0003.8.12172025 Award & Execution of Contract

Chapter 8

Award and Execution of Contract

Section 1. Authority and Purpose. The Wyoming Department of Transportation (WYDOT) promulgates these rules as required by W.S. 24-1-108 to govern the WYDOT contract awarding process.

Section 2. Consideration of Bids.

(a) Bid Review. After the bids are opened and read, they shall be compared based on the summation of the approximate quantities shown in the bid schedule multiplied by the unit bid prices. The results of such comparisons shall be immediately available to the public. If a discrepancy exists between the unit bid price and extensions, the unit bid price shall govern.

(b) Commission Discretion. The Transportation Commission of Wyoming (Commission) reserves the right to reject any and all bids and to waive technicalities when the Commission determines this outcome is in the best interest of the State of Wyoming.

Section 3. Award of Contract. When the Commission awards any contract, the award shall be made within thirty (30) calendar days, unless otherwise noted in the proposal, to the lowest responsible and qualified bidder whose bid complies with all the prescribed requirements. WYDOT shall notify the successful bidder by email or by another agreed-upon delivery method that the bid has been accepted and that the bidder has been awarded the contract.

Section 4. Cancellation of Award. The Commission reserves the right to cancel the award of any contract at any time before the execution of said contract by all parties without liability against WYDOT.

Section 5. Return of Bid Guaranty. WYDOT shall immediately return all bid guaranties except for the lowest bidder's after the bids are opened and checked. The lowest bidder's guaranty shall be retained until a performance bond is secured and furnished to WYDOT. If the low bidder rejects the contract, the second low bidder shall have the option of accepting it, upon presentation of a proper bid security in the amount specified or by immediately executing the contract and furnishing a proper performance bond.

Section 6. Requirements of Performance Bond. At the time of contract execution, the successful bidder shall furnish a surety bond or bonds in a sum equal to the full contract amount. The bonds shall be on a form acceptable to WYDOT.

Section 7. Execution and Approval of Contract. The successful bidder shall sign and return the contact, together with the contract bond, within thirty (30) days after WYDOT returns the contract to the bidder. If WYDOT does not execute and approve the contract within twenty (20) days after receiving the signed contracts and bonds, the bidder shall have the right to withdraw the bid without penalty. No contract shall be considered effective until it has been fully

executed by all the parties.

Section 8. Failure to Execute Contract. If the successful bidder fails to execute the contract and file acceptable bonds within thirty (30) days after the contract is provided to the bidder, WYDOT shall have justification to cancel the award. The bid guaranty shall become WYDOT's property not as a penalty but in liquidation of damages sustained. Award may then be made to the next lowest responsible bidder, or the work may be re-advertised and constructed under contract or otherwise as WYDOT may decide.

Section 9. Special Bonds and Insurance. When the work to be undertaken in any project requires a special bond or special insurance, WYDOT shall attach the special requirements and information to the proposal form.

Section 10. Worker's Compensation. The contractor shall subscribe to and pay premiums into the Wyoming Worker's Compensation Fund and as otherwise provided by law for the protection of all the contractor's employees. WYDOT shall not award a contract to any contractor who fails to provide worker's compensation benefits to its employees in Wyoming.

History

Effective 2025-12-17

Chapter 10 Procedures for Submitting Bids

Wyo. Code R. 045.0003.10.12172025 § 1 Authority and Purpose

The Wyoming Department of Transportation (WYDOT) promulgates these rules by authority of W.S. 10-3-201(g) and W.S. 24-2-108 to administer procedures for submitting bids on transportation projects.

History

Effective 2025-12-17

Wyo. Code R. 045.0003.10.12172025 § 2 Acceptance of Bids

(a) Prequalification. Bids shall be accepted only from prequalified contractors or their authorized representatives in accordance with General Section, Chapter 6, Bidder Prequalification Procedures for Transportation Projects, of WYDOT rules and regulations.

(b) Contractor Submission of Multiple Bids. When advertising more than one project, WYDOT shall accept bids on as many projects as the contractor submits as long as the contractor has prequalified for each individual project. No contract shall be awarded to a contractor, however, if that contract, either by itself or when considered with other awarded but uncompleted contracts, exceeds the limit of the contractor's prequalification amount.

History

Effective 2025-12-17

Wyo. Code R. 045.0003.10.12172025 § 3 Contents of Proposal Forms

The proposal documents that WYDOT issues shall set forth the following at a minimum:

(a) Location and description of the proposed construction project;

(b) Estimates of the various quantities and kinds of work to be performed or the materials to be furnished;

(d) Security amount the contractor shall supply to guarantee proposal completion;

(e) Date, place, and time for opening all bids; and

(f) Special provisions, supplemental specifications, or requirements that vary from, or are not contained in, WYDOT's current standard specifications for roads and bridges.

History

Effective 2025-12-17

Wyo. Code R. 045.0003.10.12172025 § 4 Interpretation of Estimated Quantities Shown in the Proposal Documents

(a) Proposal Quantities. The quantities listed in the proposal documents shall be considered as approximate only and shall be used solely for bid comparison.

(b) Actual Quantities. Payment to the contractor shall be made only for actual quantities of work performed in accordance with project plans and specifications.

(c) Discrepancy Between Proposed and Actual Quantities. If, upon completing the work, the actual quantities show either an increase or a decrease from the quantities given in the estimate, the prices or costs set forth on a unit basis in the bid shall prevail expect as otherwise provided.

History

Effective 2025-12-17

Wyo. Code R. 045.0003.10.12172025 § 5 Preparation of Bids

(a) Bid Submission. Bidders shall submit their bid using the bidding system provided by WYDOT and complete all required fields.

(b) Signing Bids. Bidders or their qualified and authorized agents shall sign bids according to the following provisions:

(i) For a partnership bid, one of the partners or an authorized and qualified agent of the partnership shall sign the bid;

(ii) For a joint venture, one of the members of the joint venture or its authorized and qualified agent shall sign the bid; or

(iii) For a corporation, the president, the secretary, the treasurer, or some other officer duly qualified and authorized to act for and on its behalf shall sign the bid.

History

Effective 2025-12-17

Wyo. Code R. 045.0003.10.12172025 § 6 Rejection of Bids Containing Irregularities

WYDOT may reject a bid that shows irregularities of any kind.

History

Effective 2025-12-17

Wyo. Code R. 045.0003.10.12172025 § 7 Irregular Bids

WYDOT shall consider bids irregular and may reject them for any of the following reasons:

(a) Ambiguity as to any part of the bid;

(b) The presence of any unit bid price that generates reasonable doubt that award to that bidder would result in the lowest ultimate cost to WYDOT (a materially unbalanced bid); or

(c) An improper electronic bid bond or lack of a cashier's check payable to the Transportation Commission of Wyoming (Commission) covering 10 percent of the bid.

History

Effective 2025-12-17

Wyo. Code R. 045.0003.10.12172025 § 8 Examination of the Site, the Work, and the Plans and Specifications

(a) Worksite Examination. Bidders shall examine the site of the contemplated work carefully and inquire into and satisfy themselves about the conditions to be encountered in performing the work as well as the following:

(i) Requirements and provisions of the proposal information;

(ii) Plans;

(iii) Specifications and supplemental specifications;

(iv) Special provisions; and

(v) Contract form for the construction project.

(b) Sub-Surface Information. Although test borings are made and recorded with reasonable care and accuracy, and the results are furnished with the plans, WYDOT shall not be responsible for the full accuracy of sub-surface information. Bidders may use WYDOT's information to guide their own determination of sub-surface conditions.

History

Effective 2025-12-17

Wyo. Code R. 045.0003.10.12172025 § 9 Security Required for the Bid

(a) Electronic Bid Bonds. No bid shall be considered or accepted unless it is accompanied by an electronic bid bond in the amount specified in the proposal issued to the bidder.

(b) Cashier's Checks. If an electronic bid bond cannot be provided, a cashier's check drawn on a reliable bank shall be accepted. The cashier's check shall be made payable to the Transportation Commission of Wyoming and shall be submitted to WYDOT before the bid opening.

(c) Entry into Electronic Bid System. The electronic bid bond number or the cashier's check number shall be entered into the electronic bid system as part of the bid proposal. A physical bid bond is not required.

History

Effective 2025-12-17

Wyo. Code R. 045.0003.10.12172025 § 10 Delivery of Bids

Bidders shall submit each bid using the bidding system provided by WYDOT.

History

Effective 2025-12-17

Wyo. Code R. 045.0003.10.12172025 § 11 Public Opening of Bids

(a) Opening Bids. WYDOT shall open all bids and display them publicly at the time and place indicated in the advertisement. WYDOT shall not publicly reveal bid item unit prices until after project award.

(b) Tie Bids. If two or more bids tie, WYDOT shall determine the procedures for a random drawing, which the Transportation Commission of Wyoming shall conduct.

History

Effective 2025-12-17

Wyo. Code R. 045.0003.10.12172025 § 12 Withdrawal of Bids

Bidders may withdraw bids using the bidding system provided by WYDOT until the bids for that project are opened.

History

Effective 2025-12-17

Wyo. Code R. 045.0003.10.12172025 § 13 Disqualification of Bidders

WYDOT may disqualify properly qualified bidders for any of the following reasons:

(a) Collusion. Bids shall be rejected if reason exists to believe that bidders colluded. If, after investigation and inquiry, WYDOT determines that one or more bidders colluded in any manner involved in submitting their bids, WYDOT may disqualify any or all such bidders from bidding on other projects for a period as determined by the Transportation Commission of Wyoming after considering debarment periods or other legal action.

(b) Changed Conditions. WYDOT may declare any bidder ineligible at any time during the process of receiving bids or awarding contracts when a development that adversely affects the bidder's responsibility arises. In such case, the bidder shall be given an opportunity to present evidence in support of their position before prequalification is revoked.

History

Effective 2025-12-17

Wyo. Code R. 045.0003.10.12172025 § 14 Commission May Reject Bids

The Commission reserves the right to reject any and all bids and to waive technicalities when the Commission determines this outcome is in the best interest of the State of Wyoming.

History

Effective 2025-12-17

Wyo. Code R. 045.0003.10.12172025 § 15 Material Guarantee

The successful bidder may be required to furnish a complete statement of the origin, composition, and manufacturer of any materials to be used for the work, together with samples that may be subjected to the tests provided for in the specifications to determine their quality and fitness for the work.

History

Effective 2025-12-17

Chapter 13 Access Facilities

Wyo. Code R. 045.0003.13.08272013 Access Facilities

Wyoming Department of Transportation Access Facilities

CHAPTER 13

Section 1. Authority and Purpose.

These rules of practice and procedure are promulgated by authority of W.S. 24-2- 105 and W.S. 24-6-101 through W.S. 24-6-111 to administer access facilities on the state highway system.

Section 2. Definitions.

(a) "Acceleration lane" means a speed change lane that enables vehicles to accelerate and then merge with through traffic.

(b) "Access" means an entrance or exit to another public roadway or to private or public land from a street or highway.

(c) "Access permit" means a permit allowing direct access to a state highway. The constructed access shall conform to WYDOT standards and the permit's terms. Permit applications can be obtained from WYDOT district offices.

(d) "Access Review Committee" means a committee consisting of the Department right-of-way administrator, the state highway safety engineer, and the state traffic engineer. This committee shall decide access issues that deviate from these rules and regulations which are submitted to the committee by a district engineer. Decisions made by this committee are considered final. Appeals of this decision may be made to the Transportation Commission of Wyoming as described in Section 19, Appeals and Hearings.

(e) "Access slope" means the slope of the access from the roadway to the highway right-of-way.

(f) "Access width" means the width inside the throat of the access at the end of the radii measured perpendicular to the access edge.

(g) "Applicant" means a landowner, easement user, grantee, or any other party that applies for or is granted an access.

(h) "Arterial" means a major highway or roadway designated to handle high volumes of traffic and/or high speeds. Mobility or the safe and efficient movement of people and goods is its primary purpose while access is a secondary or minor purpose.

(i) "Auxiliary lane" means a speed change lane allowing traffic to decelerate away from or accelerate to the speed of traffic in the main roadway travel lane(s). An auxiliary lane may also be used as a storage lane for right- and left-turning traffic. (See "acceleration lane," Section 2[a], and "deceleration lane," Section 2[n]).

(j) "Backage or reverse frontage service road" means a street or road running behind businesses, industrial areas, commercial areas, or subdivisions and used for direct access to these areas.

(k) "Car storage" means the necessary queuing space off the highway right-of- way provided for vehicles waiting to enter commercial establishments, such as fast food restaurants, car washes, and so forth.

(l) "Collector" means a road intended as a connector from a local road or system to an arterial. The movement of people and goods is still important, but access is becoming significant.

(m) "Commercial access" means an entrance to and/or exit from any business, commercial development, cultural or institutional complex, public establishment, or any development serving 10 or more family residences.

(n) "Deceleration lane" means an extra driving lane that enables vehicles traveling at high speed to slow to a safe speed without impeding traffic flow before turning off the highway.

(o) "Department" means the Wyoming Department of Transportation (WYDOT).

(p) "District engineer" means a person employed by the department who enforces WYDOT and Transportation Commission of Wyoming policies and rules and regulations on all state highways within the district.

(q) "Field (Minor) access" means an entrance to and/or exit from a field or unoccupied property if the access is not used daily throughout the year. Daily use for only a few weeks a year still qualifies as field access.

(r) "Fore slope" means the slope extending from the edge of the access to the bottom of the adjacent ditch.

(s) "Frontage" means that portion of the applicant=s property lying between the 2 most distant possible lines drawn perpendicular from the centerline of the highway to the applicant=s abutting property.

(t) "Fringe Urban Area" means the transitional zone between a defined urban area and a rural high speed area. The fringe urban area cannot exceed one mile.

(u) "Frontage or backage service road" means a street or road connected to and/or running alongside a highway to provide access to property adjacent to the highway.

(v) "Full-controlled access highways" mean roads such as interstates that do not allow direct access to abutting land. The only way to enter or exit this type of facility is through grade-separated interchanges.

(w) "Functional classification" means the hierarchy given to a roadway designating how that roadway is intended to operate. The main function of principal arterials is to move people and goods safely and efficiently; access to abutting property is a secondary function. Collector roadways still move people and goods, but access becomes more significant. The main purpose of local roads is access to abutting property.

(x) "Grantee" means the person or persons whose application for an access has been approved.

(y) "Joint access" means an access shared by 2 or more applicants.

(z) "Limited-controlled access facilities" means non-interstate highways or roads that allow direct access to abutting land or other highways, streets, or roads by means of constructed accesses permitted by WYDOT. All roads and highways under WYDOT=s jurisdiction are either full-controlled or limited-controlled access facilities.

(aa) "Local" means a road or street that has mobility as a secondary function while access to abutting land is the primary function.

(bb) "Major access" means any access that generates more than 50 trip ends in any hour of a typical day or is a public street or access.

(cc) "Multilane highway" means a highway with 2 or more lanes for each direction of travel.

(dd) "Radii" means the curved or flared portions of an access that connect the access with the highway or street and are designed to accommodate turning movements.

(ee) "Residential access" means an access providing entrance to and/or exit from a residential dwelling(s) for the exclusive use and benefit of the dwelling=s residents.

(ff) "Right-of-way" means a strip of land acquired for the exclusive use of constructing and maintaining highways and highway appurtenances, such as safety zones, highway signs, and highway lighting. The right-of-way also provides clear lines of sight for drivers and allows for future roadway expansion.

(gg) "Rural area" means a location outside the urban area. Speeds are generally 50 miles per hour or higher.

(hh) "Sight distance" means the distance drivers need to stop vehicles in order to avoid striking an unexpected vehicle on the roadway.

(ii) "Street" means the entire width between the boundary lines of a travel way open to public vehicular travel (whether publicly maintained or not).

(jj) "Traffic Impact Study (TIS)" means a study documenting the impact that a type of land use or the size of a new development has on the transportation infrastructure. Any development or access generating 50 or more peak hour trips shall have a TIS as part of the access permitting procedure. WYDOT shall also have the discretion to require a TIS for any development requesting a new access, changing the use of an existing access, or changing the business or type of development within an existing access or area. The individual or entity requesting access to a state highway shall pay for the TIS and any mitigation measures deemed necessary.

(kk) "Trip end" describes a single vehicle movement entering or exiting from an access.

(ll) "Urban area" means an incorporated or unincorporated area that has been developed primarily for residential and/or business purposes. The speed limit is generally 45 miles per hour or less, and the street or highway is normally curbed.

Section 3. Limitations Upon Access Use.

When WYDOT grants and designates access along a highway, the means of access to and from the highway shall be limited to the use WYDOT designates. If WYDOT grants a private and not a commercial entrance or access to the highway, this entrance or point of access shall not be used for or in connection with the conduct of any roadside business or other commercial enterprise.

Section 4. Criteria Considered in Access Application.

(a) No highway shall be constructed without providing for the property rights of residents whose homes or places of business are currently located on or abut the proposed highway, but access to property does not necessarily mean direct access to or from a state highway. Access to the highway shall be denied if certain criteria are not met, including but not limited to access spacing, sight distance, land use, or safety.

(b) WYDOT shall allow reasonable access from abutting property to the state highway by following these rules and regulations. These rules and regulations govern reasonable access to all highways, roads, and streets under WYDOT jurisdiction except those designated as full-controlled or controlled-access facilities to which direct access is denied by law.

(c) These rules and regulations shall provide design standards to allow orderly and safe movements of traffic in and out of private properties with minimum interference and hazard to highway traffic and to control use of drainage structures or other appurtenances necessary to preserve the physical structure of the highway.

Section 5. Highway Construction and Reconstruction Affecting Access.

(a) If a highway construction or reconstruction project requires a change to an existing highway access, the new access shall be built in accordance with these rules and regulations. The cost of the access work shall be charged to the highway project. If construction necessitates a temporary access, such access shall be provided with the cost borne by the construction project.

(b) If the need for an access to a highway develops after a construction or reconstruction project has begun, the applicant shall follow the procedures outlined in these rules and regulations. The cost of the access work shall be negotiated with WYDOT.

Section 6. Backage or Frontage Service Roads.

(a) Where sufficient right-of-way is acquired to ultimately limit access by using service roads, permission for access to the highway may be granted only if this access shall be removed when WYDOT provides the service road.

(b) Applicants may be required to construct a road system off highway right-of- way if the Department deems necessary based on a Traffic Impact Study or other WYDOT recommendation. Permission for temporary access to the highway may be granted, but only if this access shall be removed when the off right-of-way road system is constructed. The applicants or developers shall pay for this off right-of-way road system.

Section 7. Access Permit Applications.

(a) Application for an access permit to construct any private access or to reconstruct or alter any existing access shall be made to the district engineer having jurisdiction in the area. Applications for access permits shall be accepted only from individuals, partnerships, or corporations or other bodies recognized by law as owning all or the major interest in the property or by a party having an easement through the property abutting the highway right-of-way or proposed highway.

(b) No work shall be undertaken on state highway right-of-way before the applicant receives a copy of the permit approved by the appropriate district engineer. In addition, WYDOT may require a bond to guarantee the faithful and satisfactory performance of the work and payment for any damage to state highways and facilities.

(i) The location of the property shall be identified clearly enough for the proposed site to be located in the field.

(ii) Complete names and addresses of the property owner or owners, or in the case of an easement, the parties applying for an access for the easement, shall be given on the application.

(iii) The planned property use shall be indicated as one of the following:

(A) Residential access (See Section 2[ee]),

(B) Commercial access (See Section 2[m]),

(D) Field (minor) access (See Section 2[q]).

(iv) A sketch showing sufficient dimensions shall be submitted with the application. This sketch shall clearly indicate the character and extent of the work proposed including the following:

(A) The location of all existing or proposed buildings, stands, pumps, retaining walls, and other physical features that affect the access location.

(B) Property lines, dimensions, and existing access.

(D) Off-street parking locations that may affect access location.

(E) Proposed access(es).

(F) All accesses outside the property but within 330 feet of the property line in urban areas and within 660 feet of the property line in rural areas.

(G) The radii of proposed access(es).

Section 8. Materials.

The applicant shall furnish all materials necessary to construct the entrances and appurtenances authorized by the permit. All materials shall be of satisfactory quality and shall be subject to WYDOT inspection and approval.

Section 9. Inspection and Maintenance.

WYDOT reserves the right to inspect these installations at construction and at all times thereafter until accepted. WYDOT shall require all changes, maintenance, and repairs it deems necessary to protect life and property on or adjacent to the highway. WYDOT has the right to remove or require to be removed any access that has not been permitted or approved and accepted and/or does not meet WYDOT=s requirements. Unless specifically exempted on the permit, once WYDOT accepts an access, the department shall maintain and repair the access within the right-of-way except for snow and debris removal.

Section 10. Changes in Existing Facilities.

(a) No access or other improvement constructed on the highway right-of-way shall be relocated or its dimensions altered without an approved permit from WYDOT.

(b) Any change in access use—such as from field use to commercial use—or any change in business type shall be submitted to WYDOT for re-permitting.

Section 11. Indemnification.

The applicant shall hold harmless the Transportation Commission of Wyoming, WYDOT, and its appointed agents and employees against any action for personal injury or property damage sustained through use of the permit.

Section 12. Limitation.

These rules and regulations shall apply on all highways under WYDOT's jurisdiction, except for full-controlled access highways where the only access is a grade-separated interchange.

Section 13. Access Location and Spacing.

(a) Locations of accesses shall be selected to provide maximum safety for highway traffic and for users of the access and shall meet an adequate highway stopping sight distance. All parts of any access, including the radii, shall have a minimum side clearance of 12.5 feet from the abutting property line. Accesses shall be spaced according to the highway's functional classification and whether the location is urban or rural. Tables 1 and 2 indicate access spacing for rural highways. Access spacing is measured from access center to access center.

(i) The following shall apply to access spacing on rural arterial roads:

| Access Type | Field | Residential | Commercial | Major | | --- | --- | --- | --- | --- | | Field | 330 | 330 | 660 | 1,320* | | Residential | 330 | 660 | 1,320* | 1,320* | | Commercial | 660 | 1,320* | 2,640* | 2,640* | | Major | 1,320* | 1,320* | 2,640* | 2,640 |

Table 1. Rural Arterial Access Spacing. (Minimum separation distances in feet per side) *If 2 state highways intersect, then an access may be allowed for distances less than those shown in Table 1 if the distance from the intersection to an access is at least 660 feet.

Read this table by selecting the type of access in the column on the left side. The minimum separation distance from any other access across the top row is where the column and row intersect. For example, the minimum separation distance between a field access and either another field or residential access is 330 feet. The minimum separation distance between a field and a commercial access is 660 feet. The minimum separation distance between a field and major access is 1,320 feet. Read following Table 2 in the same manner.

(A) If a rural principal arterial is a non-interstate, divided multilane highway that allows at-grade intersections (where all roadways join or cross at the same level), then the field and private residential accesses shall be right-in and right-out only.

(B) Major accesses shall be allowed to use a median crossover if the median is wide enough to accommodate the design vehicle.

(C) Auxiliary left-turn and right-turn deceleration and storage lanes shall be constructed on the main highway to standards WYDOT establishes at major access locations.

(ii) The following shall apply to access spacing on rural major collectors, minor collectors, and local roads:

| Access Type | Field | Residential | Commercial | Major | | --- | --- | --- | --- | --- | | Field | 220 | 220 | 330 | 660 | | Residential | 220 | 440 | 660 | 660 | | Commercial | 330 | 660 | 1,320* | 1,320* | | Major | 660 | 660 | 1,320* | 1,320* |

Table 2. Rural Major Collector, Rural Minor Collector, and Rural Local Road Access Spacing. (Minimum separation distances in feet per side) *If 2 state highways intersect, then an access may be allowed for distances less than those shown in Table 2 if the distance from the intersection to an access is at least 660 feet. See Table 1 for instructions on reading this table.

(iii) Access spacing shall be as follows for urban arterials and collectors:

(A) In 30 miles per hour or lower speed limit zones, no accesses shall exist except public streets (side roads), and direct access to abutting property shall be from these streets. Public streets shall be spaced no more closely than 330 feet and spaced consistently. Access density and spacing is shown in Table 3.

(B) In the 35 to 45 miles per hour speed limit zones, inclusive, there shall be no more than one field, residential, or commercial access per 330 feet of frontage. Public streets shall be spaced no more closely than 660 feet and spaced consistently. Spacing from any access type to any other access type shall be no more closely than 330 feet. If an access is requested between public streets or more than one access is requested on an individual property and the spacing requirements of this subparagraph are met, a Traffic Impact Study shall be required justifying the additional access(es). Access density and spacing is shown in Table 3.

(C) In 50 to 55 miles per hour speed limit zones, inclusive, no more than one residential or commercial access per 660 feet of frontage. Again, it is preferred that direct access to abutting land be done through side streets. Public streets should be spaced no closer than 1,320 feet. Spacing from any access type to any other access type (other than field to residential or field to field) shall be no closer than 660 feet. If more than one access is requested on an individual property and the aforementioned spacing requirements are met, a Traffic Impact Study (TIS) shall be required justifying the additional access(es). Access density and spacing is shown in Table 3.

| Access Type | | --- |

| Access Type | Speed Range (mph) | Field | Residential | Commercial | Major | | --- | --- | --- | --- | --- | --- | | Field | <=30 | 330 | 330 | 330 | 330 | | 35-45 | 330 | 330 | 330 | 330 | | | 50-55 | 330 | 330 | 660 | 660 | | | Residential | <=30 | 330 | 330 | 330 | 330 | | 35-45 | 330 | 330 | 330 | 330 | | | 50-55 | 330 | 660 | 660 | 660 | | | Commercial | <=30 | 330 | 330 | 330 | 330 | | 35-45 | 330 | 330 | 660* | 660 | | | 50-55 | 660 | 660 | 1,320* | 1,320** | | | Major | <=30 | 330 | 330 | 330 | 330 | | 35-45 | 330 | 330 | 660* | 660 | | | 50-55 | 660 | 660 | 1,320* | 1,320** | |

Table 3. Urban principal arterials, Urban minor arterials, and Urban collectors. (Minimum separation distances in feet per side)

*If a two-way left-turn lane is present, the spacing may be reduced by one-half.

**If two State highways intersect, then an access may be allowed less than the above distances, but the distance from the intersection to an access shall be a minimum of 660 feet. See Table 1 for instructions on reading this table.

(D) In urban areas, for cities of less than 5,000 population, with 35 miles per hour and lower speeds and average daily traffic volumes less than or equal to 3,000 vehicles per day, the spacing may be reduced, from any access type to any other access type, down to 75 feet.

(iv) Urban local roads shall be spaced no more closely than 330 feet and spaced consistently. There shall be no more than one access per 75 feet of frontage, and the distance between any access type shall be at least 75 feet.

(v) Access spacing shall be as follows for Fringe Urban Areas:

(A) Access density and spacing for rural arterials in the fringe urban area shall be the same as for the urban areas ( see Table 3).

(B) In 55 miles per hour or lower speed zones, access density and spacing for rural collectors and rural local roads in the fringe urban area is shown in Table 4.

| Access Type | | --- |

| Access Type | Speed Range (mph) | Field | Residential | Commercial | Major | | --- | --- | --- | --- | --- | --- | | Field | <=30 | 220 | 220 | 330 | 330 | | 35-45 | 220 | 220 | 330 | 330 | | | 50-55 | 220 | 220 | 330 | 660 | | | Residential | <=30 | 220 | 330 | 330 | 330 | | 35-45 | 220 | 330 | 330 | 330 | | | 50-55 | 220 | 440 | 660 | 660 | | | Commercial | <=30 | 220 | 330 | 330 | 330 | | 35-45 | 330 | 330 | 660* | 660 | | | 50-55 | 330 | 440 | 1,320* | 1,320** | | | Major | <=30 | 220 | 330 | 330 | 330 | | 35-45 | 330 | 330 | 660* | 660 | | | 50-55 | 660 | 660 | 1,320* | 1,320** | |

Table 4. Rural Major Collector, Rural Minor Collector, and Rural Local Road Access Spacing for fringe urban areas.

*If a two-way left-turn lane is present, the spacing may be reduced by one-half.

**If two State highways intersect, then an access may be allowed less than the above distances, but the distance from the intersection to an access shall be a minimum of 660 feet.

See Table 1 for instructions on reading this table.

(b) At interchanges, accesses shall be located at least 660 feet from any ramp termini.

(c) At any intersection of a state highway with another highway, road, street, or alley, where additional right-of-way has been procured for improved sight distance, no access shall be permitted on or across the frontage. At any other intersection, accesses shall be prohibited for a sufficient distance from the intersection to preserve the normal and safe movement of traffic through it.

Section 14. Design Requirements for Accesses.

(a) All parts of entrance and exit accesses on highway right-of-way shall be confined within the applicant's property frontage wherever possible.

(b) In all cases, curb return radii shall be confined to the applicant=s property frontage wherever possible and shall not be less than 10 feet.

(c) Drainage in highway side ditches shall not be altered or impeded when drainage structures are required. The access slope shall be constructed to drain away from the highway. The approach side slopes shall conform to the latest safety standards. The sizes of openings and other design features shall be as directed by WYDOT, and the applicant shall pay the cost. Variation of the profile may be submitted for approval.

(d) WYDOT may authorize or require changes in design limits necessary to preserve the normal and safe movement of traffic or to permit reasonable access. After considering the type, speed, and volume of highway and access driveway traffic, the district engineer may require larger curb return radii than the minimum described in these rules and regulations.

(e) Two or more accesses entering a highway from a single commercial or residential establishment shall be justified to WYDOT=s satisfaction and shall require a Traffic Impact Study.

(f) Landowners of adjacent property may be asked or may want to construct a joint access to serve both properties. All parties involved shall sign the access application permit except as described in following Section 14(g). A written mutual agreement, signed by all parties involved, shall accompany the application form. All requirements of these rules and regulations shall be met except that the side clearance restriction (Section 14 [b]) shall not apply. If either applicant violates any requirement of these rules and regulations, the joint access shall be removed by the applicants or WYDOT with the applicants paying for removal.

(g) If an easement is involved, a copy of the easement shall be included with the access application. A landowner signature may not be required for applications pertaining to easements.

(h) The applicant shall pave all major accesses. All other accesses that generate 50 trip ends or more per day shall be paved, or as stipulated in the permit.

(i) Access to interstate highways shall be permitted at interchanges only.

Section 15. Residential and Field (Minor) Accesses.

(a) The applicant shall do all work and pay all costs to construct accesses and their appurtenances on the highway right-of-way. The applicant shall also pay for any damage to the road or right-of-way resulting from the construction.

(b) The width, excluding radii and special cases, shall not exceed 24 feet, nor be less than 16 feet, measured at right angles to the centerline of the access.

(c) The angle of intersection between the access and the highway pavement shall be as near to 90 degrees as site conditions permit. The minimum angle allowed is 60 degrees.

(d) Residential access radii shall not be less than 10 feet nor greater than 30 feet in urban locations or 40 feet in rural ones.

Section 16. Major and Commercial Accesses.

(b) The width of 2-way accesses shall not exceed 40 feet. The width of one-way accesses shall be at least 16 feet and no more than 24 feet. Width shall be measured at right angles to the centerline of the access. Design variations may be allowed or required as stated in Section 14(d).

(c) Accesses connecting to 2-way streets shall be as near to 90 degrees as site conditions permit, but never less than 60 degrees. Accesses operating one way and allowing only right-in at the entrance and right-out at the exit shall have a minimum angle of 60 degrees.

(d) Commercial access radii shall not be less than 10 feet nor greater than 50 feet except as stated in Section 14(d).

Section 17. Vehicle Service Fixtures.

The distance from the right-of-way line to the near edge of service pumps, vendor stands, tanks, or private water hydrants should be at least 20 feet to permit free movement of large vehicles and to insure that they are entirely off highway right-of-way while being serviced. Maneuverability for large vehicles may warrant more than 20 feet.

Section 18. Heavy Traffic Volume Accesses.

If WYDOT determines an impact or analysis study is needed, the applicant shall pay for the study. Fast food restaurants, car washes, banks, vehicle fueling stations, and other businesses of this nature shall provide car queuing storage on the premises to prevent stacking of vehicles on the roadway. WYDOT recommends providing a minimum queuing capacity of 15 vehicles for restaurants and 10 to 20 vehicles for car washes. The applicant shall provide and pay for auxiliary acceleration and deceleration lanes if these lanes are needed and feasible to construct. No other accesses shall be permitted within the limits of the auxiliary lanes.

Section 19. Appeals and Hearings.

If an access permit has been denied, then an appeal may be made, in writing, to the Access Review Committee. After the committee receives an appeal, it shall respond to the applicant with its final decision within 60 days of its receipt of the written appeal. If this committee still denies the permit, then further appeals and hearings arising from this chapter of rules and regulations shall be conducted according to the procedures described in General Section, Chapter 3, Appeals and Hearings, of the Wyoming Department of Transportation rules and regulations.

History

Effective 2013-08-27

Chapter 16 Outdoor Advertising

Wyo. Code R. 045.0003.16.12192013 Outdoor Advertising

Wyoming Department of Transportation

Outdoor Advertising

CHAPTER 16

Section 1. Authority and Purpose.

The Wyoming Department of Transportation, pursuant to W.S. 24-10-105 is authorized to promulgate rules governing outdoor advertising along the interstate, national, and former primary highway systems.

Section 2. Definitions.

The following words or terms when used shall have the following meanings, unless the context clearly indicates otherwise:

(a) "Abandoned sign" means a sign that is obliterated, displays an obsolete advertising message, or is in need of repair for 9 continuous months.

(b) "Back-to-back sign" means a sign with 2 display surfaces mounted on a single structure with the display surfaces visible to traffic from opposite directions of travel.

(c) "Blank sign" means a sign structure having no panel or face, or whose panel or face is not covered at least 50 percent in area by an advertising message for 9 continuous months. If the sign structure has multiple display surfaces, a blank sign means a sign with either surface having an advertising message covering less than 50 percent of its area.

(d) "Blinking" means a form of flashing in which the pattern of sudden illumination changes occurs with more than 2 on-off cycles per second.

(e) "Commercial or industrial activities" means those activities generally recognized as commercial or industrial by zoning authorities in this state, except that none of the following shall be considered commercial or industrial activities:

(i) Outdoor advertising structures;

(ii) Agricultural, forestry, grazing, farming, and related activities including wayside fresh produce stands;

(iii) Seasonal activities, or activities not conducted an average of at least 30 hours per week or at least 5 days a week;

(iv) Activities not visible from the main-traveled way;

(v) Activities conducted in a building principally used as a residence;

(vi) Railroad tracks and minor sidings unless abutting land on at least one side of the tracks is classified as a zoned or an unzoned commercial or industrial area;

(vii) Mineral extraction in the form of oil wells, pumping stations, transfer stations, storage tanks, and so forth;

(viii) Activities located more than 660 feet from the highway right-of-way;

(ix) Mobile home parks consisting primarily of blocked and skirted mobile homes;

(x) Activities that violate state or local law, ordinances, or covenants.

(f) "Commercial or industrial zone" means those areas reserved for business, commerce, or trade pursuant to comprehensive local zoning ordinances or regulations, or enabling state legislation, including highway service areas in which the primary use of the land is reserved for commercial and roadside services other than outdoor advertising. To be accepted, any commercial or industrial zone shall be adopted in accordance with the planning and zoning provisions of W. S. 18-5-201 through W.S. 18-5-208.

(g) "Conforming sign" means a sign that is lawfully in place and complies with size, lighting, or spacing requirements and all other pertinent lawful regulations.

(h) "Department" means the Wyoming Department of Transportation, specifically the Right-of-Way Program.

(i) "Digital billboard" means a billboard displaying static images controlled by electronic communications.

(j) "Directional sign" means a sign identifying and containing directional information to public places and

(i) owned or operated by federal, state, or local governments or one of their agencies;

(ii) a sign identifying and containing directional information to publicly or privately owned natural phenomena or historic, cultural, scientific, educational, and religious sites; or

(iii) a sign identifying and containing directional information to ranches, oil fields, missile sites, and so forth, located off highways where the side road is not signed by the Department.

(k) "Dissolve" means a transition between digital messages that is achieved with varying light intensity and in which the first message gradually appears to dissipate and loses legibility simultaneous to the gradual appearance legibility of the subsequent message.

(l) "Double-faced sign" means a sign with 2 display surfaces with multiple messages visible to traffic from one direction of travel.

(m) "Erect" means to construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish; but it shall not include any of the foregoing activities when performed as an incident to the change of advertising message or normal maintenance or repair of a sign structure.

(n) "Facing" means the total advertising surface of an outdoor advertising sign, display, or device visible from the main-traveled way of the highway.

(o) "Fade" means a transition between static message displays achieved with varying light intensity and in which the first message gradually loses light intensity to the point of not being legible and the subsequent message gradually increases intensity to the point of legibility.

(p) "Flashing" means a pattern of changing light illumination in which the sign illumination alternates suddenly between fully illuminated and fully non-illuminated in less than 4 seconds.

(q) "Foot candle" means a unit of illuminance equal to one lumen, uniformly incident upon an area of one square foot.

(r) "Unlawful sign" means a sign erected or maintained in violation of the state law, the outdoor advertising rules and regulations, or local law ordinance.

(s) "Immediate" means a transition between static message displays achieved in 2 seconds or less.

(t) "Intermittent" means a pattern of changing light intensity, other than that achieved with immediate, fade, or dissolve transitions, in which any message remains static for over 4 seconds.

(u) "Interstate system" means that portion of the national system of interstate and defense highways located within this state, as officially designated, or as may be so designed by the Department and approved by the secretary of transportation pursuant to the provisions of Title 23, United States Code, "Highways."

(v) "Maintain" means to allow to exist.

(w) "Main-traveled way" means the traveled way of a state highway on which through traffic is carried. In the case of a divided highway, the traveled way of each of the separated roadways for traffic in opposite directions is a main-traveled way. It does not include such facilities as frontage roads, turning roadways, or parking areas.

(x) "Moving light" means the physical change in position of any visible illumination source while lighted or the simulation of movement achieved with a pattern of sequentially illuminating visible illumination sources within close proximity to each other.

(y) "National highway system" means that portion of connected main highways, including interstate and defense highways, as officially designated by the Department and approved by the secretary of transportation pursuant to the provisions of Title 23, United States Code, "Highways."

(z) "Nonconforming sign" means a sign that was lawfully erected but does not comply with the provisions of the state law or regulations passed later or that later fails to comply with state law or regulations because of changed conditions.

(aa) "Official signs" means signs maintained by public agencies, public utilities, or nonprofit organizations.

(bb) "Off-premises sign" means an outdoor advertising sign that advertises an activity, service, or product and located in an area other than the premises at which such activity or service occurs or the product is sold or manufactured.

(cc) "On-premises sign" means a sign consisting solely of the name of the establishment or identifying the establishment=s principal or accessory products or services offered on the property on which they are located.

(dd) "Outdoor advertising" means any permanent or portable outdoor sign, display, light, device, figure, painting, drawing, plaque, poster, billboard, or other object designed, intended, or used to advertise or inform, and which is visible from any place on the main-traveled way of the interstate or national highway systems.

(ee) "Primary system" means the federal-aid primary system in existence June 1, 1991, and any highway not on this system but included on the National Highway System.

(ff) "Poor state of repair" means an outdoor advertising unit that has been damaged or allowed to deteriorate to the extent that the message or symbols or both are incomplete, the structure has been weakened, or parts of the face or structure have been detached and are free to be moved by the wind.

(gg) "Safety rest area" means an area or site established and maintained within or adjacent to the right-of-way by or under public supervision or control for the convenience of the traveling public.

(hh) "Static" means having no motion within a particular message or copy displayed on a digital billboard.

(ii) "Unzoned Commercial or Industrial Area" means those areas within 660 feet of the nearest edge of the highway right-of-way that are not zoned by state or local law, regulation, or ordinance and

(i) on which is located one or more permanent structures devoted to a business or industrial activity and not predominantly used for residential purposes, or

(ii) on which a commercial or industrial activity is conducted whether or not a permanent structure is located there.

(iii) These areas shall extend along the highway for 600 feet on either side of the activity and those lands on the direct opposite side of the highway to the extent of the same dimensions, as long as the Department has not deemed those lands on the opposite side as scenic or as having aesthetic value.

(iv) In determining such an area, measurements shall be made from the furthest or outermost edges of the regularly used area of the commercial or industrial activity, structures, normal points of ingress and egress, parking lots, storage, and processing area constituting an integral part of the commercial or industrial activity.

(v) All signs located within an unzoned area shall become nonconforming if the commercial or industrial activity used to define the area ceases for 6 months.

(vi) To be defined as an unzoned commercial or industrial area, the commercial or industrial activity shall be a business that is presently active and easily recognizable as a commercial or industrial activity. The business shall not qualify if:

(A) The majority of the business activity is not actually conducted on the premises during normal business hours.

(B) It is not connected to one or more utilities.

(D) It is located either partially or totally within an area zoned other than as commercial or industrial by local government zoning authority.

(E) The business activity is conducted in a building principally used as a residence.

(F) The commercial or industrial activity is established primarily to qualify an area for displaying outdoor advertising.

(G) The business activity and land use is not characteristic of that generally permitted in areas actually zoned commercial or industrial under the authority of state or local law, regulations, or ordinances.

(vii) Following are typical non-qualifying business activities:

(A) Local, county, state, or federal governmental offices or entities.

(B) Enterprises such as nursing homes, child care centers, hospitals, retirement centers, airports, golf courses, rodeo grounds, and fairgrounds.

(C) Non-profit organizations, service clubs, membership organizations, or any other private or semi-private organization, association, or entities not established for commercial profit, such as country clubs, trap clubs, and veterans clubs.

(jj) "V-type sign" means 2 signs erected independently of each other or attached to each other with multiple display surfaces having messages visible to traffic from opposite directions, with an interior angle between the 2 signs of not more than 120 degrees and with the signs separated by not more than 10 feet at the nearest point.

(kk) "Visible" means capable of being seen, whether or not legibly, without visual aid by a person of normal visual acuity.

Section 3. Outdoor Advertising Permitted.

(a) No outdoor advertising visible from the main-traveled way of the interstate or primary highways may be erected or maintained except:

(i) Signs maintained by public agencies and public utilities and directional or other official signs or notices required or authorized by law, including but not limited to, signs pertaining to natural wonders and scenic and historic attractions.

(ii) On-premises signs including signs, displays, and devices advertising the sale or lease of property upon which they are located; and signs, displays, and devices advertising activities conducted on the property upon which they are located.

(iii) Off-premises signs including signs, displays, and devices located in areas adjacent to and within 660 feet of the nearest edge of the highway right-or-way and zoned industrial or commercial areas under the authority of law.

(iv) Off-premises signs including signs, displays, and devices located in areas that are adjacent to and within 660 feet of the nearest edge of the highway right-or-way and are unzoned industrial or commercial areas under the authority of law. Actual land use shall determine the unzoned industrial or commercial areas.

(v) All off-premises outdoor advertising signs located beyond 660 feet of the highway right-of-way within urban boundaries as defined by the Department are not controlled by state outdoor advertising law.

Section 4. Digital Billboards.

(a) The message, messages, or copy displayed on a digital billboard:

(i) Shall not be displayed through blinking, intermittent, flashing, or moving lights;

(ii) Shall remain fixed for at least 8 seconds;

(iii) Shall not increase the ambient lighting level by more than 0.3 foot candles when measured by a foot candle meter at:

(A) 150 feet for a digital billboard with a surface area of not more than 242 square feet;

(B) 200 feet for a digital billboard with a surface area greater than 242 square feet but not more than 378 square feet;

(C) 250 feet for a digital billboard with a surface area greater than 378 square feet but not more than 672 square feet; and

(D) 350 feet for a digital billboard with a surface area greater than 672 square feet.

(b) In no case shall a digital billboard increase the ambient lighting level by more than 0.3 foot candles at the property line of a single family dwelling located in a zoned district in which billboards are prohibited.

(c) Each digital billboard shall have a light sensing device to adjust the brightness as ambient light conditions change to conform to the requirements of this section.

(d) Transitions between messages shall be accomplished in 2 seconds or less by employing an immediate, dissolve, or fade method.

Section 5. Limits on Size, Form, Lighting, Locations, Spacing, and Overall Height.

(a) The following limits apply to size.

(i) A single-face outdoor advertising sign shall not exceed a length of 60 feet, a height of 25 feet, or an area of 1,200 square feet.

(ii) A double-face outdoor advertising sign shall not exceed a total of 650 square feet. Neither face shall exceed 325 square feet.

(b) The following limits apply to form.

(i) No more than 2 facings visible and readable from the same direction on the main-traveled way may be erected on any one sign structure defined as a double-faced sign.

(ii) Double-faced, back-to-back, and V-type signs shall be considered one structure and require one permit.

(i) Unshielded lighting or signs with flashing, intermittent, or moving light or lights are prohibited.

(d) The following limits apply to location.

(i) Signs may not be erected to obscure or otherwise interfere with an official traffic sign, signal, or device, or obstruct or interfere with the driver=s view of approaching, merging, or intersecting traffic.

(ii) Signs may not be located within 500 feet of any public park, forest, playground, cemetery, or scenic area designated by the Department or other state agency and adjacent to the highway unless the signs are in an incorporated area.

(iii) No signs may be located on railroad right-of-way in areas where the railroad right-of-way intersects the highway right-of-way.

(iv) Outside incorporated villages and cities, signs may not be located within 500 feet of the following, measured from the point of pavement widening, for the longest on or off interchange ramp in both directions:

(A) An interchange,

(B) An at-grade intersection, or

(e) The following limits apply to spacing.

(i) The spacing requirements for outdoor advertising in zoned or unzoned commercial or industrial areas adjacent to the interstate and primary highway systems are as follows:

(A) Interstate highways—No new off-premises sign shall be erected closer than 500 feet to an existing off-premises sign either inside or outside incorporated villages and cities.

(B) Primary highways—No off-premises sign shall be erected closer than 100 feet from an existing off-premises sign within incorporated villages and cities. Outside incorporated villages and cities, no off-premises sign shall be erected closer than 300 feet from an existing off-premises sign.

(C) The preceding spacing requirements do not apply to structures separated by buildings or other obstructions if only one sign facing located within the preceding spacing distance is visible from the highway at any one time. The minimum distance between structures shall be measured along the nearest edge of the pavement between points directly opposite the nearest sign support along each side of the highway and shall apply only to structures located on the same side of the highway.

(D) The spacing requirements of this section do not apply to on- premises, directional, or official signs, nor shall measurements be made from such signs.

(f) The following limits apply to overall height.

(i) An outdoor advertising sign generally shall not exceed an overall height of 40 feet measured from the sign=s highest point to the grade level of the highway from which the sign is to be viewed. If the ground level at the sign location is higher than the highway grade level, the 40-foot overall height criteria may be increased only as needed for sign visibility. Department approval is required to exceed the 40-foot overall height.

Section 6. Directional Signs.

(a) The message on a directional sign shall be limited to identifying the site and directional information useful in locating the site, such as mileage, route number, or exit number. Descriptive words, phrases, pictorial representations, and logos are prohibited.

(i) The following directional signs prohibited.

(A) Signs advertising any unlawful activity.

(B) Signs that obscure any official traffic control device or interfere with a driver=s view of approaching, merging, or intersecting traffic.

(D) Signs whose directional messages refer to sites that no longer exist.

(E) Signs that are structurally unsafe or in disrepair.

(F) Signs with unshielded lighting or signs with flashing, intermittent, or moving light or lights.

(G) Signs located in rest areas, parklands, or scenic areas.

(H) Signs with a commercial advertising legend or symbol.

(b) Directional signs Types I and IIBType I directional signs contain directional information to public places owned or operated by federal, state, or local governments or areas the Department deems of interest to the traveling public. Type II directional signs contain directional information to privately owned natural phenomena; historical, cultural, scientific, religious, or educational sites; areas suited for outdoor recreation; or areas the Department deems of interest to the traveling public.

(i) The following size limits shall apply to Type I and Type II signs:

(A) Types I and II directional signs shall not exceed an area of 150 square feet, a height of 20 feet, or a length of 20 feet.

(ii) The following shall apply to the location and spacing of Types I and II signs.

(A) Signs shall not be located closer than 2,000 feet to a rest area, parkland, or scenic area or to an interchange or intersection at grade, measured from the point of widening at the entrance or exit from the main-traveled way.

(B) Directional signs facing the same direction of travel shall be spaced more than one mile apart.

(C) No more than 3 Type I directional signs relating to the same activity may be erected along a single route approaching the activity.

(D) No directional signs located adjacent to the interstate highway shall be located more than 75 air miles from the attraction or activity. Signs adjacent to primary highways shall be within 50 air miles of the attraction or activity.

(iii) Following are eligibility criteria for Types I and II signs.

(A) A site shall be regionally or nationally known. To qualify as regionally known, the site shall be known within the entire state of Wyoming and any state contiguous to Wyoming.

(B) The site shall be of outstanding interest to the traveling public and have a substantial number of tourist visitors. The dominant attraction shall benefit and enlighten the traveling public and not be a tourist-oriented roadside business.

(C) The site shall be within 10 miles of the state highway access on an adequate all-weather road. If the activity is clearly visible from the highway access, "on- premises" signs shall suffice.

(D) Attractions or activities having official highway signs on the right-of-way shall not qualify for directional signs on private property along that respective route.

(E) Historical sites, in addition to complying with preceding subsections (A) through (D), shall be listed in the national register of historic places.

(F) Educational or cultural sites, in addition to meeting preceding subsections (A) through (D), shall comply with one of the following by being:

(I) a site where intellectual faculties are developed; or

(II) a site where characteristic features of a particular stage in the advancement of civilization took place; or

(III) a site where education is advanced; or

(IV) a site containing a structure significant to education. The structure shall either have architectural value or be the surviving structure most associated with a historically significant person or event.

(G) Scientific sites, in addition to complying with preceding subsections (A) through (D), shall be sites or institutions for the systematic study of scientific principals where hypotheses are formulated and tested.

(H) Religious sites, in addition to meeting preceding subsections (A) through (D), shall comply with one of the following:

(I) The site shall be related to religious activities of a particular culture; or

(II) The site shall be the location of religious activity of historical or cultural significance, but it cannot currently be used for worship.

(I) Natural phenomena sites, in addition to complying with preceding subsections (A) through (D), shall be naturally occurring (such as caves, unusual rock formations, waterfalls, and so forth) as distinguished from man-made sites.

(J) Outdoor recreation sites, in addition to meeting subsections (A) through (D), shall comply with one of the following:

(I) The site shall have a minimum of 5 acres, 50 percent of which shall be unoccupied open space accessible to the public; or

(II) The site shall have a picnic area, tables, benches, litter barrels, drinking water, and sanitary facilities; or

(III) The site shall have adequate maintenance staff to keep facilities in a clean and sanitary condition; or

(IV) The site shall have one or more of these facilities: a public boat landing, a supervised swimming area, public fishing access, a campground, a golf course, a tennis court, or a playground.

(iv) The following shall apply to Type III directional signs. These signs contain directional information to ranches, oil fields, missile sites, and so forth, located off highways where the side road is not signed by the Department.

(v) Type III eligibility criteria include the following.

(A) Type III directional signs shall not exceed an area of 32 square feet.

(B) The sign shall be within 500 feet of the approach road.

(D) The sign shall be on the same side of the highway as the activity.

(E) The Department shall approve the location of all Type III directional signs before erection.

(F) A permit is not required for a Type III directional sign.

Section 7. Official Signs.

(a) Type I Official Signs are signs and notices erected and maintained by public officers or public agencies within their territorial or zoning jurisdiction to carry out an official duty or responsibility. These signs shall not be any larger than necessary to adequately inform the traveling public. The Department shall approve the location of official Type I signs before erection, but these signs do not require an advertising permit.

(b) Type II Official Signs are signs and notices relating to meetings of nonprofit service clubs or charitable associations or to religious services. The size of these signs shall not exceed an area of 8 square feet. The message content is limited to the organization's name and the meeting times. No more than one such sign may be erected in each approach direction of traffic. The Department shall approve the location of official Type II signs before erection, but these signs do not require an advertising permit.

Section 8. On-premises Signs.

(a) On-premises signs are signs advertising on-premises activities only. On- premises signs are further defined as follows:

(i) Signs that advertise the sale or lease of the property on which the sign is located;

(ii) Signs advertising a principal product sold, a service rendered, or an activity conducted on the specific property on which the sign is located; and

(iii) Signs that identify the goods produced on the property; the name of the business; or the name of the person, firm, corporation, or agency occupying the property.

(b) "On-premises" qualifying criteria include the following.

(i) The premises on which any activity is conducted is determined by the physical facts rather than by property lines. The premises consist of the land occupied by the buildings or other physical uses that are necessary or customarily incident to the activity, including such open spaces arranged to be used in connection with such buildings.

(ii) Generally, the property may be defined as a parcel of land on which is a regularly used building or a service, repair, processing, storage or parking area, or some combination of these facilities, used in conjunction with the on-premises activity.

(c) The following land uses shall not be considered part of the premises on which the activity is conducted, and any signs located on such land shall be considered "off- premises" outdoor advertising and subject to permit regulations.

(i) Any land that cannot be reasonably used as an integral part of the business. This includes, but is not limited to, land separated from the activity by a roadway, highway, or other obstruction and not used as an integral part of the business. The same restriction applies to undeveloped highway frontage adjacent to the land actually used by the advertised activity.

(ii) Any vacant land or land used for a purpose unrelated to the advertised activity (for example, land adjacent to or adjoining a service station but devoted to farming or ranching, residence, or other commercial or industrial uses having no relationship to the service station activity).

(iii) Any land occupied solely by structures or uses that are only incidental to the principal activity and serving no purpose other than to attempt to qualify the land for signing purposes.

(iv) Where the sign site is located at or near the end of a narrow strip adjacent to the advertising activity, the sign site shall not be considered part of the premises.

A narrow strip shall include any configuration of land that cannot be put to any reasonable use related to the activity other than signing.

(d) Examples of prohibited "on-premises" displays include the following.

(i) A sign advertising a product or service provided on the property but incidental to the business=s principal purpose (such as a sign located on top a service station advertising cigarettes).

(ii) A sign that advertises products, activities, or services conducted on the property but also advertising activities not performed on the property (for example, a sign advertising a motel not located on the property with an additional message stating "rock shop here" to advertise an on-premises rock shop).

(iii) A sale or lease sign advertising a product or service not located on the property and unrelated to the business of selling or leasing the property on which the sign is located (for example, a sign advertising an off-premises restaurant with the message "this property for leaseBapply at . . . ").

Section 9. Political Signs.

(a) Written campaign advertising shall not be placed on or attached to any real or personal property of the state or its political subdivisions, except:

(i) The Department of Transportation shall allow campaign materials to be placed on state rights-of-way within municipalities subject to rules and regulations adopted by the municipality.

(b) Written campaign advertising shall not be placed within the right-of-way of any interstate highway.

Section 10. Permits.

(a) A permit shall be obtained for each advertising structure before construction of any sign. If a structure or sign has been erected before a permit is issued, the structure or sign shall be deemed unlawful. Signs exempt from permits are on-premises, official, and Type III directional signs, although official and Type III directional signs require written permission from the Department before erection.

(b) Each permit issued shall be assigned a separate identification number on a permanent tag provided by the Department. The permit tag shall be affixed to the lower corner of the sign face nearest the right-of-way line or to the face of the upright, leg, or pole of the structure nearest the right-of-way line. The permit tag shall be visible from the nearest point of the highway. A sign that fails to have the permit tag affixed is subject to revocation and removal by the Department.

(c) If the original permit tag becomes lost, damaged, or unreadable, the permit holder shall request a replacement tag. The Department shall provide replacement tags bearing the original permitted number for $25 each.

(d) Outdoor advertising signs may have the sign owner's name, address, logo, or trade name affixed on a separate name panel of wood or metal construction fastened to the sign or sign structure. A commercial sign company shall limit its name plate to its logo or trade name only, provided that the logo or trade name is as indicated on all the company's outdoor advertising permit applications.

(e) Sign structures bearing permit tags for signs other than the one for which they were issued shall be in violation.

(f) Permit holders shall notify the Department in writing when the sign structure has been erected.

(g) Sign permits may be transferred from the current sign owner to a new owner upon written notification to the Department from the current sign owner.

Section 11. Application for Permit and Fees.

(a) A separate application for a permit shall be made for each separate outdoor advertising structure, sign, or display, on an application form furnished by the Department and containing all information the Department requires. Each application shall be accompanied by the following:

(i) A nonrefundable application fee specified by W.S. 24-10-107.

(ii) Written consent of the owner or occupant of the real property upon which the structure, sign, or display is to be erected or maintained.

(iii) A statement from the appropriate zoning authority verifying the zoning classification of the proposed sign site in each city or county where zoning laws are enforced if the sign is located in an area zoned commercial or industrial.

(iv) A zoning map or a diagram of the sign location showing the highway route number and such physical features and other stationary landmarks necessary to describe the location adequately. The zoning map or sketch shall also indicate the distance in feet from the sign location to the nearest milepost marker and the spacing between the sign location and any existing off-premises sign or commercial or industrial activity used to define the area.

(b) Location—Before submitting an application, the applicant shall stake the proposed sign location and attach to the stake the applicant's name and address. The stake shall be located at the proposed location of the sign support closest to the highway right-of- way and shall be visible from the highway. Each pending application location may be field checked for compliance with state law and Department regulations before application approval. After approval, the applicant shall in some manner display the permit number, excluding the permit tag, on the location stake.

(c) Fees—Each permit shall be valid for 3 years and then renewed annually. Permits for Type I directional signs shall be renewed at no cost to the owner agency. Permit renewal fees shall become delinquent 30 days after the annual renewal date. On becoming delinquent, such sign structures are unlawful and shall be removed.

Section 12. Repair, Maintenance, and Relocation.

(a) All signs, including official and directional signs, shall be maintained in a safe condition and in sound repair. The Department shall remove signs in an unsafe condition or poor state of repair if they are not repaired upon notice. Relocation of advertising signs shall not be permitted since outdoor advertising permits are issued for specific locations. The Department shall consider written requests to improve conforming signs and structures and shall grant approval if appropriate.

(b) For nonconforming signs and structures, advertising messages may be changed and structures may be repaired, but they shall not be improved in a manner that increases the structure=s value. Some examples of improvements not approved for nonconforming signs are the following:

(i) Adding lighting.

(ii) Revising the structure from wood to steel posts.

(iii) Increasing the size of the original sign face by attaching additional signs, or increasing the size of the existing sign face.

(d) A nonconforming sign or structure may be replaced if destroyed by vandals.

Prior approval of the Department shall be obtained before replacing an entire structure.

Section 13. Unlawful Signs and Revocation of Permits.

(a) Any of the following can cause a sign to be unlawful and the permits or renewals to be revoked or denied. Upon the revocation of any permit, the sign for which it was issued constitutes unlawful advertising and shall be removed.

(i) Outdoor advertising maintained without a permit or Department approval.

(ii) Outdoor advertising in an unsafe condition or in poor repair.

(iii) Outdoor advertising erected after March 5, 1971, contrary to the terms of the Outdoor Advertising Act (W.S. 24-10-101 through W.S. 24-10-115).

(iv) Outdoor advertising not complying with size or spacing limits.

(v) Outdoor advertising maintained under a permit issued pursuant to an applicant's false and misleading statement.

(vi) Outdoor advertising hindering the clear, unobstructed view of approaching or merging traffic, obstructing the view of any traffic sign or other official sign, or signs imitating a traffic sign.

(vii) Outdoor advertising with unshielded lighting or signs with flashing, intermittent, or moving light or lights.

(viii) Directional signs Type I, Type II, or Type III with a commercial advertising legend or symbol.

(ix) Outdoor advertising that is erected or repaired from within the highway right-of-way.

(x) A sign that is blank or abandoned for 9 continuous months.

(xi) A nonconforming sign once removed from a permitted location becomes unlawful to replace.

(xii) Outdoor advertising painted or affixed to any natural feature.

(xiii) Permitted outdoor advertising not displaying the assigned permit number tag.

(xiv) Failure to renew a permit within 30 days after the expiration of the permit period.

(xv) Failure to erect advertising signs within one year of the date a permit is issued.

(xvi) To otherwise violate state law or Department regulations.

(b) When the Department determines that a violation of outdoor advertising has occurred, the Department shall give written notice of the violation by certified mail to the permit holder and specify that remedial action has to be taken within 30 days, or the permit shall be revoked and action for removal of the sign commenced.

Section 14. Sign Removal Procedures.

(a) The procedures for sign removal are set forth in W. S. 24-10-109 and include the following:

(i) Removal notice shall be given by certified mail to the sign owner and owner or occupant of the land. If the owner of the sign is unknown, notice shall be posted on the structure in a conspicuous place.

(ii) The land or the structure owner may make written request no later than 15 days after receiving the removal notice for a hearing pursuant to General Section, Chapter 3, Appeals and Hearings, of the Wyoming Department of Transportation's rules and regulations. Upon receiving the written hearing request, the Office of Administrative Hearings shall set a date for a hearing within 30 days.

(iii) If a hearing is not requested, or if no appeal is taken from the hearing examiner=s decision at such hearing, or if the hearing examiner's decision is affirmed on appeal, the Department shall immediately remove the offending outdoor advertising at its own expense with no compensation to the owner.

Section 15. Local Ordinances.

Local ordinances, regulations, or resolutions more restrictive than the provisions of the Outdoor Advertising Act are not affected by these rules.

Section 16. Violations.

All outdoor advertising not conforming to the requirements of the Outdoor Advertising Act are declared in violation of the act and are also declared public nuisances. Individuals observing violations of the Outdoor Advertising Act are urged to report their complaints immediately to the nearest Department office. Any person violating this act shall be guilty of a misdemeanor.

Section 17. Federal Law.

Rules and regulations promulgated by the Federal Highway Administration pursuant to 23 Unites States Code, Section 131, as amended, shall supersede these rules and regulations when the federal rules conflict or are more restrictive.

History

Effective 2013-12-19

Chapter 18 Consulting Services Agreements

Wyo. Code R. 045.0003.18.07202010 Consulting Services Agreements

Wyoming Department of Transportation

Consultant Services Agreements

CHAPTER 18

Section 1. Authority and Purpose.

W.S. 24-2-105 and W.S. 24-2-108 authorize the Transportation Commission of Wyoming to adopt general rules and regulations for engaging consultants to provide professional services to the Wyoming Department of Transportation (WYDOT). The purpose of these rules is to ensure that qualified consultants are obtained through equitable selection processes and that prescribed work is properly accomplished in a timely manner at fair and reasonable costs. These rules are also intended to ensure compliance with 23 CFR 172, Administration of Engineering and Design Related Service Contracts.

Section 2. Definitions.

(a) "Consultant" means a vendor WYDOT contracts with to provide consulting services.

(b) "Department" means the Wyoming Department of Transportation (WYDOT).

(c) "Selection Committee" means a group of at least three people appointed by the appropriate Department program manager or authorized representative to recommend a consultant for a particular project.

Section 3. Need for Consultant.

WYDOT utilizes consultants to perform work supplementing Department forces or to provide services that WYDOT is not equipped or staffed to provide.

Section 4. Consultant Selection.

A consultant shall be selected for a particular project using procedures specified in WYDOT operating policies. For large projects, this process shall involve a selection committee evaluating several firms or individuals predetermined to meet the minimum qualifications. For small projects, the consultant may be selected less formally, though the basis for selection shall be documented. Under the following circumstances, as determined by the applicable Department division administrator, a noncompetitive selection may be made:

(a) The service is available only from a single source;

(b) An emergency precludes conducting a competitive selection; or

Section 5. Execution of the Agreement.

(a) Following negotiation of the scope of work, time limits, and fee issues, a written agreement for services shall be drafted. The attorney general shall review this agreement before it is executed. Throughout its course, the agreement may be amended by change orders.

(b) The Department is not obligated to execute an agreement with the consultant initially selected if the negotiation of terms is unsuccessful or if WYDOT decides not to use consultant for the work.

(c) As defined by Department operating policies, incidental projects with small fees shall not require a formal agreement but may be procured through a purchase order process.

Section 6. Internal Processes.

Internal processes and procedures shall be defined by WYDOT operating policies.

History

Effective 2010-07-20

Chapter 23 Road Closures for Special Events

Wyo. Code R. 045.0003.23.09071994 Road Closures for Special Events

CHAPTER 23

ROAD CLOSURES FOR SPECIAL EVENTS

Section 1. Authority. These rules of practice and procedure are promulgated by authority of W.S.24-2-105.

Section 2. Purpose of Rules. These rules are intended to provide uniform and understandable interpretation of W.S. 24-1-106, and to establish uniform statewide criteria for permitting state highway closures, including partial closures, for a special event or athletic event.

Section 3. Definitions.

(a) Department means the Wyoming Department of Transportation.

(b) State highway system means all highways under the jurisdiction of the Wyoming Department of Transportation.

(d) Permit means an application approved by the Department to conduct a special event or athletic event on a state highway outside the corporate limits of any city or town.

(e) Special event or athletic event means any event which is held outside the corporate limits of any city or town on a state highway but cannot comply with all applicable traffic statutes or ordinances.

(f) Partial or complete closure of a state highway means the closing to traffic of anyroad- way, lane or other portion of a state highway or any other restriction to the normal use of a highway.

Section 4. General Guidelines.

(a) The Department may issue permits for the closure of state highways for special events upon terms and conditions relating to the safe and orderly movement of traffic that the Department finds necessary. All applications for special event road closures are contingent upon the concurrence of county governmental authorities if the closure would restrict the use of any county road in the unincor- porated area of the county.

(b) If an event calls for closure of a state highway within an incorporated city or town, for which there is no readily accessible alternate route, the city or town shall request Department approval for the closure.

(c) The Department, in issuing permits for the use of state highways, shall not be responsible for the conduct or operation of the permitted activity.

(d) The permit applicant shall agree to indemnify and hold harmless the State against any and all claims, for acts or omissions committed by other than state employees, arising out of any activity for which the permit is issued.

(e) Special event permits will not be issued for the Interstate highway system.

(f) Events on state highways outside corporate limits of a city or town requiring a permit will be allowed only during daylight hours.

(g) The permitting process is not limited to single event applications; provided, that applications specifically address multiple events scheduled throughout the year.

(h) No permit is required for any special event where participants comply with all applicable traffic statutes and highway traffic is not stopped, delayed or detoured.

Section 5. Permit Required.

(a) Authorization to conduct a special event on the state highway system requires a permit from the appropriate District Engineer at least 60 days prior to the event. The district engineer shall respond not later than 30 days after receiving an application. (See attached Department District map)

(b) The District Engineer may waive the 60-day requirement provided the permit process can be completed, without compromise, within a shorter time period.

(c) No state highway closure outside the incorporated limits of a city or town shall be authorized without an approved special event permit.

Section 6. Permit Conditions.

(a) Approval of special event permits shall be granted only under conditions which:

(i) Provide reasonable safety for all event participants, spectators, and other highway users;

(ii) Prevent unreasonable interference with traffic flow which would seriously inconve- nience other highway users.

(b) Requests for approval of special events must include:

(i) An event description stating all information pertinent to an understanding of the event.

(ii) A map showing the highways on which the event will be held.

(iii) Completion of a Department special event permit application.

(c) If the special events course only crosses a state highway, the District Engineer may limit permit requirements to crossing control measures.

(d) The permittee if not an incorporated city or town, or a county insured by or consistent with the state self-insurance program, shall provide insurance coverage in an amount and to the extent required in the permit.

(e) The permittee shall agree to pay actual costs of the Department in providing any personnel costs beyond that normally available for the conduct of the closure. Such costs shall include any regular or overtime salaries, and will be predetermined upon issuing the permit.

(f) All litter that results from the event will be removed from state highway and rights- of-way immediately after the event by the permittee.

(g) Failure by the permittee to comply with all permit conditions shall be cause to disqualify the permittee from future event applications.

Section 7. Traffic Control.

(a) The permit applicant shall provide a traffic control plan which adequately describes all traffic control measures deemed necessary. The traffic control plan must comply with the national Manual on Uniform Traffic Control Devices.

(b) A detour route for an event requiring a permit must be provided if closure of a state highway exceeds 30 minutes or if the Department determines the driving public is unduly inconve- nienced regardless of the duration of the closure.

Section 8. Variance. The District Engineer may, on the advice and with the consent of the appropriate Highway Patrol supervisor, permit any special event which in his professional opinion will not compromise the safety of the traveling public.

Section 9. Permit Cancellation.

(a) The appropriate Wyoming Highway Patrol Supervisor may immediately cancel any special event for reasons of public safety or if the highway closure is not implemented in a manner consistent with the special event permit terms and conditions.

History

Effective 1994-09-07

Chapter 24 Highway Right-of-Way Encroachment

Wyo. Code R. 045.0003.24.11162010 Highway Right-of-Way Encroachment

Wyoming Department of Transportation Highway

Right-of-Way Encroachment

CHAPTER 24

Section 1. Authority and Purpose.

These rules are promulgated by authority of W.S. 24-2-105 and W.S. 6-6-303 to administer encroachment into the rights-of-way of state highways consistent with state and federal law, including W.S. 6-6-301 through W.S. 6-6-307.

Section 2. Definitions.

(a) "Agreement" means a contract between the Department and another party identifying in detail the terms of an encroachment.

(b) "Department" means the Wyoming Department of Transportation.

(c) "Encroachment" means any facility above or below ground within the boundaries of highway rights-of-way and owned and maintained by a party other than the Department.

(d) "License" means a permit to encroach.

(e) "No-access line" means a line that cannot be crossed for access to any portion of the right-of-way. No-access lines may not coincide with right-of-way lines.

(f) "Traveled way" means that portion of the highway for the movement of vehicles, exclusive of shoulders and auxiliary lanes.

Section 3. Interstate Encroachment.

Parallel encroachments on interstate rights-of-way for purposes other than serving a highway facility are generally not permitted. Under extenuating circumstances application may be made to the Department and forwarded to the FHWA for consideration. Such encroachment, if allowed, requires an official relocation of the no-access line and requires any access for maintaining the facility to occur from outside the no-access line.

Section 4. Public Utility Encroachment.

(a) State law allows public utilities to be placed in highway rights-of-way. The Department shall grant permission when the owner completes and submits Form M-54 to the 24-1 Department district office where the facility is to be installed. If the facility extends into more than one district, then Form M-54 shall be submitted to each district. The owner, not an agent, contractor, or consulting firm, shall execute the Form M-54. This form shall provide that the facility be constructed in a manner conforming with applicable federal, state, and local laws and regulations. The Department may also require accommodations to address local terrain, onsite materials, and traffic conditions.

(b) Facilities requiring periodic maintenance or inspection by work crews shall be placed outside the right-of-way and shall have a designated access point.

Section 5. Railroads.

Railroad encroachment shall be covered by an agreement setting forth in detail the location, type of construction, insurance coverage, traffic control, and maintenance responsibilities. Requests from industrial users for spur tracks shall be submitted through the railroad company rather than directly from the industrial user.

Section 6. Private Utility.

(a) Parallel utility runs within Department rights-of-way by private parties are generally prohibited unless unusual hardship or extenuating circumstances make construction outside the right-of-way extremely difficult, costly, or impossible. Private party utilities are allowed to cross Department roadways when runs are installed to Department specifications.

(b) The Department shall consider permission for parallel encroachment for transmission line companies with condemnation authority (W.S. 1-26-814) if the encroachment does not otherwise interfere with right-of-way use for highway purposes. A special agreement is required specifying access rights for construction and maintenance, detailed alignment and grade information, specific construction procedures around Department structures, and provision for inspection when deemed necessary. Access to utility lines outside the right-of-way where a no-access line is maintained shall not be allowed, nor shall utility maintenance be done from highway rights-of-way.

Section 7. Landscape License.

(a) Beautification of the right-of-way by adjacent landowners or local municipalities is allowed when it does not compromise the highway's safety or integrity.

Any firm or individual wishing to modify the right-of-way shall submit a request on Form M-26 to the Department district office for the area in which the property is located.

(b) Landscaping shall be for aesthetic purposes only and shall not be used for business or residential purposes.

(c) Drainage shall be maintained through a landscape area. All shrubbery or trees planted in the right-of-way shall be at least 50 feet from the edge of traveled ways in rural areas and consistent with surrounding property in urban areas. Setback for all shrubbery shall meet local municipal codes and shall not restrict sight distance beyond the minimum established by the Department.

Section 8. Signs, Awnings, Canopies, Marquees, and Other Intrusion.

(a) No signs, canopies, marquees, or similar installations shall be erected on or protrude into the right-of-way in rural areas except for official signs marking buried pipeline or cable.

(b) Within the corporate limits of a city or town as designated by the Department, erection of awnings, canopies, marquees, and on-premises advertising signs shall be allowed subject to the following:

(i) The sign, awning, canopy, or other installation shall be supported totally from a building or supports outside the right-of-way.

(ii) The right-of-way line shall be within 4 feet of the face of the building from which the business is conducted.

(iii) The roadway section at the point in question shall have a curb and gutter.

(iv) The farthest protrusion into the right-of-way shall be at least 2 feet behind the back of the curb.

(v) The vertical clearance shall not be less than that required by the ordinance of the nearest city. Desirable vertical clearance is 10 feet, but consideration shall be given for a lower clearance based on justification and site conditions.

(c) The protrusion of signs, canopies, and other installations into the right-of-way is an illegal encroachment and shall not be permitted unless all the preceding criteria of this section are met. Encroachments meeting the preceding requirements shall be permitted if, in the Department's judgment, the installation does not in any manner detract from the effectiveness of official traffic control devices or constitute a traffic hazard.

Section 9. Substructures.

Within a city commercial area, but not a rural commercial area, substructures existing prior to February 17, 1983, may be considered as permitted encroachments if the farthest 24-3 protrusion, above ground or underground, does not extend beyond the back of the curb. Whenever a street is widened, protrusions shall be reduced to no more than 5 feet into the right-of-way or to a point at least 2 feet behind the back of the curb, whichever is less. No new encroachments shall be allowed.

Section 10. Access Driveways.

Rules governing access driveways are prescribed in Chapter 13, Access Facilities.

Section 11. Seismographic Activity.

(a) Drilling, blasting, or any type of parallel seismographic investigations that disrupt highway operations and maintenance shall not be allowed within any right-of-way.

(b) Laying temporary cable across interstate or other highways shall be permitted with the following provisions.

(i) Written approval shall be obtained from the district engineer 2 weeks before using the right-of-way. The company, by signing Form M-23, Seismographic Cable Crossing License, shall agree to:

(A) release the Department from liability for accident or injury;

(B) meet traffic control requirements of the Department;

(D) run cables through existing culverts if available in the area. If culverts do not exist within 1,000 feet in either direction, cables may cross the roadway if the cables are:

(I) firmly secured,

(II) removed daily, and

(III) adequately signed and flagged; and

(E) if work vehicles are parked 35 feet or more from the edge of the traveled way within the right-of-way.

(ii) Any violation to the preceding provisions of this section shall result in a 90-day suspension in the use of right-of-way regardless of whether the company had 24-4 previous written approval. Suspension shall be considered as binding statewide, not just in the area where the violation occurred.

Section 12. Removal.

(a) Department rights-of-way shall remain inviolate from encroachments without permit issued by the Department. Any use of the right-of-way interfering with highway construction or maintenance or safe use by the traveling public shall be considered an unlawful encroachment.

(b) Encroaching property causing an immediate hazard to the public shall be removed immediately by either the owner or the Department. Any encroaching property not causing an immediate hazard shall be deemed abandoned and removed by the Department if the owner cannot be determined after 48 hours. If subsequent ownership can be proven, the property shall be released upon payment of removal and storage costs. After 30 days the Department shall dispose of the property.

Section 13. Caveat.

Granting of a license by the Department in conformance with these rules does not convey any title interest in the land covered or affected by the license. The licensee assumes all responsibility for title clearance when occupying highway right-of-way.

History

Effective 2010-11-16

Chapter 25 Procedures for Disposal of Surplus Lands Held in Name of the Transportation Commission of Wyoming

Wyo. Code R. 045.0003.25.04011992 Procedures for Disposal of Surplus Lands Held in Name of the Transportation Commission of Wyoming

CHAPTER XXV

PROCEDURES FOR DISPOSAL OF SURPLUS LANDS HELD

IN THE NAME OF THE TRANSPORTATION

COMMISSION OF WYOMING

Section 1. Authority. These rules are promulgated, authorized and required by W.S., 24-2-102 and 24-2-105.

Section 2. Purpose. The purpose of this chapter is to establish consistent procedures for disposition of, and public notice to sell, surplus lands held by the Transportation Commission of Wyoming.

Section 3. Definitions. As used in these rules and regulations:

(a) Commission, means the Transportation Commission of Wyoming.

(b) Department, means the Wyoming Department of Transportation.

Section 4. Scope. There are several categories of lands which, by their nature, require different rules of disposal. Disposal of Department lands are first governed by type of acquisition document and any restrictive, reversionary rights or easements which direct or restrict disposal or relinquishment. Under each of the categories the priority of disposal method shall be governed by the order presented herein.

Section 5. Old Highway Rights-of-Way. This category covers land which was used as highway right-of-way but because of reconstruction, new location or realignment of the highway, the land is no longer needed for right-of-way purposes. This could be an entire section of a road or just random portions.

(a) Surplus highway rights-of-way may be sold or relinquished intact to a city, county or other governmental unit or agency for local public purposes, provided they agree to assume all ownership responsibilities related to the property.

(b) Any rights-of-way which in the opinion of the Director are not reasonable to sell may be abandoned to adjacent landowners.

(c) For portions which are large enough to have marketable value, preference for disposal shall be in the following order:

(i) Trade for other lands needed for highway purposes, or

(ii) Sell by private agreement to adjacent landowner for not less than the fair market value, or

(iii) Sell at public auction after providing adequate and legally required public notice.

Section 6. Lands Acquired as Severed Parcels. This category covers land which is not needed for right-of-way purposes. The land was acquired because it became severed from the remaining ownership, or does not have access, because of the highway location and has little or no utility for the owner.

(a) Trade severed parcels for other rights-of-way required on a project.

(b) Severed parcels not otherwise traded or incorporated into the right-of-way which are determined to be excess and not retained for Department use, shall be offered for sale within two years from the date the construction project is completed for which the property was acquired. The property shall be disposed of in the following order:

(i) Offered to other governmental agencies for not less than fair market values, or;

(ii) Offered to adjacent landowners for not less than fair market value when in the opinion of the Director, circumstances exist to justify a private sale.

Section 7. Lands Acquired for Highway Purposes but Unused. Occasionally rights-of-way may be purchased but due to changes in the project, either cancelled or relocated, the property is not incorpo- rated into the required right-of-way and is declared surplus. When this occurs the following procedure shall be followed.

(a) The property will be sold or traded back to original owner, if original owner owns land adjacent.

(i) If land becomes available for sale or trade within two years of purchase, the land will be offered to the granting party for original purchase price provided they are still the adjacent landowner.

(ii) If availability occurs after two years, the land will be offered for sale or trade to the granting party for current fair market value, if granting party is adjacent owner.

(b) Trade for other lands needed for highway purposes.

(c) Sell by private agreement for not less than current fair market value due to mitigating cir- cumstances on surrounding lands as determined by the Director.

(d) Sell at public auction for not less than current fair market value after providing adequate and legally required public notice.

Section 8. Other Department Lands. Other Department lands consist of building sites, stockpile areas, gravel pits, etc. These lands will be disposed of in the following order:

(a) Trade for other lands needed for highway purposes.

(b) Trade, sell or relinquish to another governmental agency for continued public use.

(c) Sell at public sale for not less than current fair market value after providing adequate and legally required public notice.

Section 9. Fair Market Value. Prior to any sale, the fair market value of the property will be determined by appraisal.

Section 10. Public Notice of Sale. Department property may be offered for public sale by any of the following methods as determined directed by the Director.

(a) Public Auction. When this method is used, notice shall be given by advertising in at least one newspaper of general circulation in the county where the land is located for a minimum of three consecutive weeks prior to sale. This notice shall contain the location of the property, the time and place of sale, conditions of sale and persons to contact to inspect the property.

(b) Sale by Sealed Bid. When this method is used notice of sale will be given by advertising in at least one newspaper of general circulation in the county where the land is located for a minimum of three consecutive weeks prior to the advertised date for accepting bids. This notice shall contain the locations of the property and persons to contact to inspect the property. Bids shall be received on De- partment forms which shall contain a description of the property, conditions of sale, and time and loca- tion where bids will be publicly opened.

Section 11. Approval to Sell and Closing of Sale. Prior to a public sale by either method listed in Section 10, the Commission shall first authorize the sale and method of sale for each parcel.

(a) Offers to buy that equal or exceed fair market value will be automatically accepted under terms of the sale.

(b) Offers to buy that do not meet fair market value but are not less than 75% of established fair market value shall be considered by the Commission. The Commission recognizes that a fair market value is based on an appraisal which is an opinion of value based on available sales data. Since it is an opinion, it may be in the best interests of the State to sell the property at the offered buying price.

Section 12. Caveat. Nothing herein contained shall be construed to imply that the Department must accept offers to buy, or will be liable for conditions of the property prior to or after the sale.

History

Effective 1992-04-01

Chapter 26 Specific Service Signing

Wyo. Code R. 045.0003.26.09262014 Specific Service Signing

Wyoming Department of Transportation Specific Service Signing

CHAPTER 26

Section 1. Authority and Purpose.

Pursuant to W.S. 24-2-105 and W.S. 24-2-115, the Wyoming Department of Transportation is authorized to promulgate rules and regulations governing specific service signs within rights-of-way on interstate highways. These regulations shall administer specific service signs using logo panels to give specific information about gas, food, lodging, camping, attraction, and 24-hour pharmacy facilities accessible from eligible interchanges.

Section 2. Requests.

The Wyoming Department of Transportation Traffic Program, 5300 Bishop Boulevard, Cheyenne, WY 82009-3340, shall administer requests for signing, general inquiries, and program management for specific service signing. Any appeal of a decision relative to these rules and regulations shall be made within 30 days by writing to the Wyoming Department of Transportation to request a formal or an informal hearing in accordance with Wyoming Department of Transportation Rules and Regulations, General Section, Chapter 3, Appeals and Hearings. Failure to request a hearing shall be deemed as consent to the Department's decision.

Section 3. Eligible Interchange.

These regulations apply to the designated Interstate Highway System in Wyoming. Eligible interchanges shall have an exit and entrance ramp or return route signed by the Department. Interstate-to-interstate interchanges shall not have logo signing. An exception shall be made on interchanges connecting interstate-to-interstate spurs or business loops.

Section 4. Eligible Activities.

These regulations cover specific service signs containing individual business panels for gas, food, lodging, camping, attractions, and 24-hour pharmacies. No other facilities are eligible for consideration. Eligible service facilities shall comply with laws concerning the provisions of public accommodations without regard to race, religion, color, age, sex, or national origin, and laws concerning the licensing and approval of these facilities.

Section 5. Existing General Service Signs.

General service signs may be used in conjunction with specific service signs for eligible types of services that are not represented by a specific service sign.

Section 6. Fabricating and Installing Signs.

The Department shall fabricate and install all specific service signs and supplemental directional signs. The individual logo panels shall meet Wyoming Department of Transportation specifications as described in following Section 17, Logo Panels and Trailblazer Sign Specifications, and shall be furnished by the approved business applicant and installed by the Department. Specific service signs shall be installed as part of the Wyoming Department of Transportation's regular and routine sign installation and maintenance programs. All signing concerning motorist safety and primary guidance shall be the first priority.

Section 7. Locations of Qualifying Business.

To qualify for specific service signs, the eligible activity (other than pharmacies) shall be located within 15 miles of the closest interchange ramp termini. Eligible pharmacies shall be located within 3 miles of the closest interchange ramp termini.

Section 8. Order of Specific Service Signs and Supplemental Directional Signs.

All signs shall be erected in the following order, beginning with the sign closest to the interchange: (1) gas, (2) food, (3) lodging, (4) camping, (5) attraction, and (6) 24-hour pharmacy. When no business interest in signing exists for a particular activity at a location, and space allows, the next lower priority service may be signed. Supplemental directional signs shall be installed in the same order indicated previously.

Section 9. Number of Specific Service Signs and Supplemental Directional Signs Allowed.

No more than 2 specific service signs for gas, food, lodging, camping, attraction, or 24-hour pharmacy shall be located in each direction from the closest interchange to the respective eligible activity. No more than 2 supplemental directional signs for gas, food, lodging, camping, attraction, or 24-hour pharmacy shall be located along an exit ramp of the closest interchange to the respective eligible activity. Sign spacing requirements and/or terrain may prohibit the installation of additional signs. The number of specific service signs along an approach to an interchange or intersection, regardless of the number of service types displayed, shall be limited to 4.

Section 10. Number of Logo Panels Allowed.

(a) No more than 3 types of services shall be represented on any sign or sign assembly.

(i) If 3 types of services are displayed on one sign, then the logo sign panels shall be limited to 2 for each service type (for a total of 6 logo sign panels).

(ii) If 2 types of services are displayed on one sign, then the logo panels shall be limited to either 3 for each service type (for a total of 6 logo sign panels) or 4 for one service type and 2 for the other service type (for a total of 6 logo panel sign panels).

(iii) The legend and logo sign panels applicable to a service type shall be displayed so that the road user will not associate them with another service type on the same sign.

(b) No service type shall appear on more than 2 signs.

Section 11. Business Closure.

If the qualifying business is closed for 7 or more days, the participant shall notify the Wyoming Department of Transportation, Traffic Program, so the respective logo panel can be covered or removed. The Department shall charge a fee to cover, uncover, remove, or replace a logo. Businesses failing to notify the Department shall be subject to termination from the program.

Section 12. Change of Business Ownership or Facility Name.

(a) If a participating business is sold or changes ownership but continues the same service at the same location, the existing logo panel space may be transferred to the new owner upon approval of the Wyoming Department of Transportation, Traffic Program, providing the new owner meets all qualifying criteria for logo signing.

(b) A logo panel space shall not be sold or transferred except as described in immediately preceding Section 12(a).

(c) Should the name of the facility be changed for any reason, the participant shall notify the Wyoming Department of Transportation, Traffic Program, within 30 days.

Section 13. Department of Transportation Procedures.

(a) The specific service signs erected shall be no larger than necessary to display the logo panels initially requested. Approved business applicants shall pay aproportionate share, so that each approved applicant business shares equally in the sign cost.

(b) If a vacancy occurs on an existing sign that was full, or if a second service sign is added, the Department may announce the vacancy by publishing a notice in the local newspaper where the service sign is located. The public notice shall run once a week for 2 successive weeks, and applications shall be accepted for 15 days following the last public notice. After the closing date for applications, a random drawing shall be held to determine the replacement logo applicant. Unsuccessful applicants shall have their applications and application fees returned. The cost of the vacant panel space shall be a proportionate share of the entire sign cost.

(c) If there is no vacancy on an existing sign and it is necessary to install a larger or additional sign to accommodate a new participant, the new participant shall pay a proportionate cost of the new sign. The new participant shall also pay a fee to remove and reinstall the existing logo panels.

Section 14. Participation Cancellation.

(a) A business wishing to discontinue participation in the logo signing program shall submit a written cancellation notice to the Department. A fee shall be assessed to remove each logo panel. Upon payment, the logo panels may be returned to the participant.

(b) When a business chooses to cancel participation on a sign, the vacant space shall become available to other qualified applicants. The canceling business shall relinquish all rights to future rebates of any kind.

Section 15. Types of Services.

Gas, food, lodging, camping, attraction, or 24-hour pharmacy facilities and establishments desiring specific service signing shall be eligible subject to the following criteria. For the purposes of this section, "should" is defined as in the 2009 Manual on Uniform Traffic Control Devices (MUTCD) (http://mutcd.fhwa.dot.gov/index.htm) as an engineering term that provides guidance of "recommended, but not mandatory, practice in typical situations, with deviations allowed if engineering judgment or engineering study indicated the deviation to be appropriate" and as adopted December 8, 2011, by the Department through the Transportation Commission of Wyoming, and not including any later amendments. This resolution may be viewed at the following address:http://www.dot.state.wy.us/home/administration/rules_regs/MUTCD.html. Copies of the MUTCD and the resolution are available for public inspection at the WYDOT Traffic Program, 5300 Bishop Boulevard, Cheyenne, Wyoming 82009-3340.

(a) All services, in addition to the following requirements, shall possess all licenses or permits required by state or local authority before applying for specific service panels.

(b) For gas services, the facilities should:

(i) Offer vehicle services including gas or alternative fuels, oil, and water;

(ii) Maintain modern sanitary facilities and drinking water; and

(iii) Operate continuously at least 16 hours per day, 7 days per week.

(i) Operate continuously to serve at least 2 meals per day, at least 6 days per week; and

(ii) Maintain modern sanitary facilities.

(d) For lodging services, the facilities should:

(i) Maintain adequate sleeping accommodations; and

(ii) Maintain modern sanitary facilities.

(e) For camping services, the facilities should:

(i) Maintain adequate parking accommodations; and

(ii) Maintain modern sanitary facilities and drinking water.

(f) For attractions, the facilities:

(i) Shall have the primary purpose of providing amusement, historical, cultural, or leisure activities to the public;

(ii) Should derive the major portion of their income or visitors during the normal business season from motorists not residing in the immediate area;

(iii) Should be open to the general public during regular and reasonable hours and not by appointment or reservation only; and

(iv) Should maintain adequate parking accommodations.

(g) For 24-hour pharmacies, the facilities shall:

(i) Be continuously operated 24 hours per day, 7 days per week, and have a state-licensed pharmacist on duty at all times; and

(ii) Be located within 3 miles of the closest interchange ramp termini.

Section 16. Sign Location.

(a) Lateral Clearance, Mainline Interstate—Specific service signs shall normally be installed 50 feet from the edge of the highway shoulder to the near edge of the sign. Where narrow highway right-of-way exists or the terrain does not allow the normal lateral clearance, the sign may be moved closer to the highway. The Department shall determine the specific location of all specific service signs.

(b) Relationship to Interchange and Mainline Interstate—Specific service signs shall be erected not less than 1,000 feet in advance of the interchange ramp gore point. A minimum spacing of 800 feet is required between the information signs. A minimum spacing of 500 feet is required between the service sign and other existing signs at the respective interchange. All specific service signs shall be erected between the previous interchange and 1,000 feet in advance of the ramp gore. If the signs cannot be erected within this area, the installation shall not be approved.

(c) Exit Ramps—Exit ramp signs shall be located along the interchange ramps where the services are not visible by approaching traffic from either the main travel way or interchange exit ramp. The logo panel shown on the specific service signs shall be duplicated on the exit ramp signs. The Department shall determine the need for ramp signing.

(d) Lateral Clearance, Exit Ramps—Supplemental directional signs shall normally be installed 30 feet from the edge of the ramp to the near edge of the sign.

Where narrow highway right-of-way exists or the terrain does not allow the normal lateral clearance, the sign may be moved closer to the ramp. The Department shall determine the specific location of supplemental directional signs.

(e) Relationship to Crossroad—Supplemental directional signs shall be installed with a minimum spacing of 200 feet from the edge of crossroad to the sign. A minimum spacing of 100 feet shall be maintained between supplemental directional signs or existing ramp signs.

(f) Trailblazer Signs—To adequately direct motorists to the respective business, the Wyoming Department of Transportation shall require trailblazer signs as it deems appropriate. The participant shall furnish the trailblazer sign. The Department shall install trailblazer signs to be located on the State Highway System. No more than 2 trailblazer signs shall be installed on the State Highway System. If the route to the respective business cannot be adequately marked on the State Highway System with 2 trailblazer signs, the Department may elect to deny specific service signing for that business. If additional trailblazer signs are needed off the State Highway System, the participant shall arrange with the proper local authority (such as the city or county) to install the additional trailblazer signs as the Department requires. All required trailblazer signs shall be installed before the Department erects any signing.

Section 17. Logo Panels and Trailblazer Sign Specifications.

(a) Participants shall furnish logo panels and trailblazer signs.

(b) An image showing the design of the logo message with dimensions and colors shall be submitted for approval with the application.

(c) Logo panels shall be fabricated with reflective sheeting applied to an aluminum backing having a minimum thickness of 0.032 inches to a maximum thickness of 0.080 inches. Trailblazer signs shall be 0.080-inch aluminum. Aluminum and reflective sheeting shall meet Wyoming Department of Transportation standard specifications (effective May 1, 2014, and not including later amendments). Copies are available for public inspection at the WYDOT Traffic Program, 5300 Bishop Boulevard, Cheyenne, Wyoming 82009-3340, and on the Department's Internet website at: http://www.dot.state.wy.us/home/engineering_technical_programs/manuals_publications.default.html.

(d) Logo panels and trailblazer signs shall be professionally fabricated by silk screen or direct applied method to develop the sign face.

(e) Panels having identification symbols or trademarks may be reproduced in the colors, shape, and design customarily used.

(f) Panels not displaying a logo symbol or trademark shall have a blue reflectorized background with a white reflectorized legend border. Lettering for the primary business name shall be a minimum of 10 inches high.

(g) Messages, symbols, and trademarks that resemble any official traffic control device are prohibited.

(h) Freehand painting shall not be permitted on any part of the finished panel.

(i) The legend or logo on the supplemental directional information sign used on ramps shall be a duplicate of the legend or logo used on the specific service sign. Trailblazer signs shall also duplicate the legend or logo with an appropriate arrow.

(j) Logo panels and trailblazer signs shall be delivered to the Traffic Program, Building No. 6188, Wyoming Department of Transportation, 5300 Bishop Boulevard, Cheyenne, WY 82009-3340 for installation.

(k) A portion of a logo sign panel may be used to display no more than one supplemental message horizontally along the bottom of the logo sign panel, provided the message displays essential motorist information. Typical supplemental messages may include alternative fuels such as diesel, LP gas, or natural gas; or 24 hours; or closed and the day of the week when the facility is closed; or RV access. The height of the supplemental message shall be 6 inches for a 60-inch by 36-inch logo and 3 inches for a 30-inch by 18-inch logo.

(l) The legend may contain the months of operation for seasonal businesses.

When the months are displayed, the letters shall be 6 inches for a 60 inch by 36 inch logo and 4 inches for a 30 inch by 18 inch logo.

Section 18. Payment of Fees.

(a) The approved applicant business shall pay fees for erecting, maintaining, and administrating specific service signs in advance. Application fees and costs for erecting service signs, supplemental directional signs, and trailblazer signs are a one-time charge. Administration and maintenance fees shall be charged annually. Fees shall be assessed whenever a logo panel is covered, removed, replaced, or field installed.

(b) All fees shall be due upon receipt of the invoice, and no fees shall be refundable.

(c) Failure to pay fees within 30 days from the date of billing shall cause participation to be terminated and the logos for the respective participant's business to be removed. The participant shall also relinquish all rights to future rebates.

(d) All fees shall be evaluated each year and adjusted to cover actual costs.

Section 19. Application and Fees.

A separate application and application fee are required for each service at each interchange.

Section 20. Fabrication and Installation Costs.

Sign costs are based on the signs constructed and installed by the Department and mounted on wood posts. These costs shall be evaluated each year and adjusted to cover actual costs. If the fabrication or installation of the signs is done by an entity other than the Department, the sign cost shall be based on actual cost to the Department.

Section 21. Annual Administration and Maintenance Fee.

(a) An annual administration fee shall be charged for each type of service on the same route, regardless of the number of specific service signs, supplemental direction signs, or trailblazer signs installed. The first year's fee shall be prorated on a monthly basis depending on the application approval date. Thereafter, the applicant shall be billed at the beginning of each calendar year.

(b) An annual maintenance fee shall be charged to cover the cost to replace or repair specific service signs and supplemental directional signs because of natural wear, acts of nature, or vandalism as determined by the Department. The Department shall not be responsible for damaged, lost, or faded logo panels regardless of the cause. Delivery and replacement costs for any damaged, lost, or faded logo panel are the participant=s responsibility.

Section 22. Logo Panel Fees.

A fee shall be charged for replacing logo panels because of damage, change of logo, general maintenance, temporary business closure, or other undetermined reasons.

History

Effective 2014-09-26

Chapter 27 Tourist-Oriented Directional Signing (TODS)

Wyo. Code R. 045.0003.27.12192013 Tourist-Oriented Directional Signing (TODS)

Wyoming Department of Transportation

Tourist-Oriented Directional Signing (TODS)

CHAPTER 27

Section 1. Authority and Purpose.

These rules and regulations are promulgated by the Wyoming Department of Transportation (WYDOT) pursuant to W.S. 24-2-115 to provide for installing and administering tourist-oriented directional signing for qualified activities or sites of significant interest to the traveling public along state highways. Rules and regulations promulgated by the Federal Highway Administration pursuant to 23 CFR 655.603 shall supersede these rules and regulations when the federal rules conflict or are more restrictive.

Section 2. Definitions.

(a) "State highway" means all state highways except interstate highways.

(b) "Tourist-oriented directional signing," or TODS, means official signing located within the right-of-way of a state highway that gives specific information regarding activities or sites of significant interest to the traveling public.

(d) "Trailblazer sign" means a sign that must be installed at an intersection where the motorist must change directions after leaving the state highway to reach the tourist activity.

Section 3. Activities or Sites of Significant Interest.

The activity or site shall be of significant interest to the traveling public to qualify for the TODS Program. Any one of the following may qualify the activity or site.

(a) The activity or site offers a motorist service, such as gas, food, lodging, camping, or motor vehicle service or repair.

(b) The activity or site is of reasonable interest to tourists as a historic, cultural, scientific, educational or religious site, or as a site of natural scenic beauty, or is naturally suited for outdoor recreation.

Section 4. General Requirements.

An individual activity or site of significant interest shall meet the following general requirements to qualify for TODS.

(a) The activity, service, or business (including seasonal agricultural products) shall derive the major portion of its income or visitors during the normal business season from motorists not residing in the immediate area of the business or activity.

(b) The activity or site shall be open to the general public during regular and reasonable hours and not by appointment or reservation only.

(c) The activity shall be conducted in an appropriate building or area. It shall not be conducted in a building principally used as a residence unless a convenient and well-marked entrance exists.

(d) The activity or site shall be located in a rural area or inside the corporate limits of a city with a population of less than 1,500.

(e) When the activity or its on-premises signing is visible from the state highway as determined by the WYDOT Traffic Program, the activity shall not qualify for TODS unless operational safety requires an advance sign.

(f) An activity or site shall not qualify for TODS if the activity or site is identified by an off right-of-way directional sign that is within one mile; is on the same route; is facing the same direction as the proposed TODS sign; or is identified by a WYDOT directional sign within the right-of-way.

(g) The activity or site shall comply with all applicable laws concerning public accommodations without regard to race, religion, color, age, sex, or national origin.

(h) The activity or site shall be located within 15 miles of the state highway.

(i) Activities or sites within the urban areas of towns having a population of 1,500 or less may qualify for a TODS sign on more than one state highway. Activities or sites in rural areas shall have TODS signs on only one state highway.

(j) An activity requiring more than 3 trailblazer signs shall not qualify for TODS.

Section 5. Special Requirements.

In addition to the general requirements, an individual activity or site of significant interest shall meet the following requirements to qualify for the TODS Program.

(a) An activity or a site providing a motorist service shall be open a minimum of

8 hours a day, 6 days a week, and 5 months a year.

(b) A tourist attraction shall be open a minimum of 4 hours a day, 5 days a week, and 5 months a year.

(c) An agricultural business activity shall be open a minimum of 8 hours a day, 6 days a week during the normal seasonal period.

(d) A commercial activity not covered by any of the preceding paragraphs in Section 5 shall be open a minimum of 8 hours a day, 5 days a week, and 5 months a year.

Section 6. Procedures.

The Traffic Program of the Wyoming Department of Transportation will make application forms, rules and regulations, fee schedules, and design standards available to the public.

(a) The applicant shall submit an application with the application fee and drawings of the proposed TODS panel and trailblazer sign if one is thought to be needed.

(b) The Traffic Program shall:

(i) Review the application and notify the applicant of acceptance or denial based on qualifying criteria.

(ii) Review applicant's design of specific TODS panel and trailblazer signs, and notify the applicant of approval or indicate necessary changes.

(iii) Conduct a random drawing to determine successful applicants when the number of applicants exceeds the available space. Notify applicant of results.

Unsuccessful applicants shall have their application fee returned and their application placed on a waiting list. They shall be notified when space becomes available.

(iv) Bill the applicant for all required fees.

(i) Arrange to obtain and install any required trailblazer signs and pay all assessed sign fabrication and installation fees within 30 days of billing.

(ii) Obtain and deliver to the Traffic Program its specific TODS panels within 45 days of the billing date. An installation fee shall be charged if the TODS panels must be field installed due to late delivery.

(d) The Traffic Program shall fabricate the TODS sign, install the applicant-furnished TODS panel on the sign if required, and field install the completed TODS sign. WYDOT shall provide sign and panel maintenance for an assessed fee.

(e) The applicant shall pay for a replacement sign at the current cost if a sign becomes damaged or destroyed. If a specific TODS panel is damaged or needs replacement, the applicant shall be notified by the Traffic Program and shall be required to furnish a new panel. A fee shall be assessed for installing the new panel.

Section 7. Conditions.

A TODS sign shall not be erected until the activity or site has been approved in accordance with these rules, and the Department has received prepayment of all fees.

(a) If the qualifying business is closed 7 or more days, the participant shall notify the WYDOT Traffic Program so that the TODS sign can be covered or removed. The Department shall charge a fee to cover, uncover, remove, or replace a sign. Businesses failing to notify the Department shall be subject to termination from the program.

(b) If the qualifying business is sold or changes ownership, the TODS participant shall notify the Traffic Program of the Wyoming Department of Transportation so that the sign may be transferred to the new owner.

(c) WYDOT shall remove or mask a TODS sign for a seasonal activity when the activity is closed during the off-season period, unless the TODS panel displays the period of operation. A charge shall be assessed if the panel is masked or removed.

(d) If needed, adequate trailblazing signs shall be provided on local roads and streets to guide motorists from the state highway route to the activity or site. The Traffic Program shall approve trailblazing sign designs before installation. WYDOT shall not furnish trailblazer signs. When trailblazer signs are to be installed on other than state highways, the applicant shall obtain the sign and necessary permits, and arrange for the installation. When trailblazer signs are to be installed on state highways, WYDOT shall furnish the post, install the sign, and bill the applicant for an installation fee. TODS signs shall not be installed until necessary trailblazing signs are in place.

Section 8. Design of TODS Signs and Panels.

TODS signs shall be reflective blue background with reflective white legend and may display the words Tourist Activities in 6 inch letters at the top. The signs shall be 6 feet wide and limited to a maximum height of 6 feet. Additional height shall be allowed to accommodate the addition of the optional Tourist Activities message. If the business name is depicted by a word legend only, WYDOT may fabricate the entire sign.

(a) Businesses may be required to supply TODS logo panels because of unique font or logo design. Logo panels shall be fabricated with reflective sheeting applied to an aluminum backing having a minimum thickness of 0.032 inches to a maximum thickness of 0.080 inches. Panels shall not exceed 54 inches wide by 15 inches tall. Aluminum and reflective sheeting shall meet WYDOT standard specifications as follows:

(i) Aluminum—5052-H38 or 6061-T6 in accordance with ASTM B 209M.

(ii) Reflective sheeting—Retroreflective Type IV or higher in accordance with American Association of State Highway and Transportation Officials (AASHTO) M268.

(b) Logo panels shall be professionally fabricated by silk screen or the direct applied method to develop the sign face.

(c) Panels having identification symbols or trademarks may be reproduced in the colors, shape, and design customarily used.

(d) The TODS panels shall contain space for 2 lines of legend in 6 inch letters, a directional arrow, and distance to the activity. Lettering shall use the Series C standard highway alphabet except when the style of lettering for a business name is a trademark, which still shall be reflective white. The legend shall consist of the activity name only; however, appropriate service or recreational symbols and logos may be used if reduced to appropriate size. Promotional advertising and symbols or logos resembling official traffic control devices are prohibited.

(e) When approved symbols or logos are used, they shall not exceed the height of the 2 lines of word legend. If used with a word legend, the symbol or logo shall be placed to the left of the word legend. Times of operation may be displayed on the TODS panel if deemed necessary by the Department for the convenience of the motorist or if desired by the applicant to avoid masking or removal fees. When times of operation are displayed, they shall be incorporated in the 2 lines of legend.

Section 9. TODS Sign Installation.

TODS signs normally will be installed a minimum of 200 feet in advance of the intersection while maintaining a minimum of 300 feet between TODS signs and a minimum of 300 feet between TODS signs and any other signs.

(a) No more than 2 TODS signs (one left, one right) shall be installed at any intersection. The sequence of TODS signs shall be as follows:

(b) The right turn sign shall be the closer to the intersection with the left turn sign being the farther in advance of the intersection.

(c) The advance TODS sign 1/2 Mile or Next Right (or Left) shall not normally be used unless the Traffic Program determines that such placement is needed for highway operational safety. The applicant shall bear the cost of the advance signing if required.

(d) Where the number of activities to be signed is 4 or less at any one intersection, the TODS panels for right and left may be combined on one TODS sign. On a combination sign, the TODS panels shall be arranged with the left arrows at the top and the right arrows below.

(e) TODS signs shall not be installed at an intersection where the Traffic Program determines that the installation would detract from the effectiveness of the necessary traffic control devices.

(f) Lateral clearance for TODS signs shall be equal to or greater than the other guide signs at the intersection. If adequate lateral clearance cannot be maintained due to terrain or other obstruction, TODS signs shall not be installed.

Section 10. TODS Costs.

The cost of the TODS program shall be assessed to all participants.

(a) Fees for erecting, maintaining, and administering the TODS signs shall be paid in advance by the approved applicant business. Application fees and fees for erecting TODS signs and trailblazer signs are a one-time charge. TODS panel fees and trailblazer sign fees shall be billed whenever a change of TODs panels is needed. The request for a TODS panel change may be made by either WYDOT or the applicant business.

(b) The cost to replace an entire sign because of natural wear or vandalism shall be prorated among the applicants whose TODS panels are displayed on the sign.

(c) All fees shall be due 30 days from the date of billing. No fees shall be refundable except application fees when unsuccessful applications are returned.

(d) Failure to pay fees within 30 days from the date of billing shall cause participation to be revoked and the TODS panels removed for the respective applicant's business. The applicant is responsible for all costs incurred by the Department including revocation and removal of the TODS panels as well as the sign structure if the applicant is the only activity displayed on the sign.

(e) In the case of a single approved applicant business, that party shall be responsible for the entire cost of the signs installed.

(f) All fees shall be evaluated each year and adjusted to cover actual costs.

(i) An application fee is charged for each intersection.

(ii) The sign sizes shall be determined by WYDOT after the open enrollment period is closed. Sign costs are based on the signs constructed and installed by the Department and mounted on wood posts. These costs shall be evaluated each year and adjusted to cover actual costs.

(iii) The annual administration fee shall be charged for TODS signs at each intersection, regardless of the number of TODS panels or trailblazer signs installed. The first year fee shall be prorated on a monthly basis depending on the application approval date.

Thereafter, the applicant shall be billed at the beginning of each calendar year. Annual administration fees may be adjusted to maintain a zero balance in the TODS signing program.

(iv) A fee shall be charged for replacing TODS panels due to damage, change of logo, general maintenance, temporary business closure, or other reasons. The applicant shall furnish the TODS panel.

(g) The TODS signs erected shall be no larger than necessary to display the TODS panels initially requested. Future requests for TODS panels at an intersection shall be considered on a first-come, first-served basis determined by the postmark date of the application until the maximum space is filled. Subsequent applications shall be put on a waiting list. If more than one application is received with the same postmark date, a random drawing will be held.

(h) The business requesting TODS panels after the open enrollment period shall be responsible for the entire cost of installing the new panels and/or signs if required.

Section 11. Waivers.

Upon written request, the director of the Wyoming Department of Transportation may authorize a waiver of any requirement of this rule upon a showing by the applicant that:

(a) Granting the waiver will not detract from the purposes of this rule.

(b) A substantial benefit to the public will be realized if the waiver is granted.

Section 12. Appeal Process.

Any appeal of a decision relative to these rules and regulations shall be made within 30 days by a written request to the Wyoming Department of Transportation, requesting a formal or an informal hearing in accordance with Chapter 3, Rules of Practice Governing Appeals and Hearings. Failure to request a hearing shall be deemed to be consent to the Department's decision.

History

Effective 2013-12-19

Chapter 28 Utility Relocation Assistance

Wyo. Code R. 045.0003.28.09081992 Utility Relocation Assistance

Chapter 28

UTILITY RELOCATION ASSISTANCE

Section 1. Authority. The Transportation Commission of Wyoming is authorized to promulgate rules and regulations governing the reimbursement of utility relocation costs per W.S. 24-13-101 through W.S. 24-13-104.

Section 2. Purpose of Rules. The rules provided for the percentage of reimbursement to qualified utilities and establish a limitation on the size of the utility company eligible for reimbursement.

All utility companies serving customers in Wyoming are eligible for reimbursement provided they fall within the parameters of this regulation. It has been determined by the Transportation Commission of Wyoming that eligible utility companies lack sufficient financial resources to be able to sustain costs of relocating their facilities.

Section 3. Definitions.

(a) Cost of relocation means the entire amount paid by a utility properly attributable to relocation after deducting therefrom any increase in the value of the new facility, any salvage value derived from the old facility, and any betterments installed.

(b) Increase in Value also referred to as Expired Service Life Credit is a credit deducted by the utility from the total cost of the project for any relocated or adjusted line segment that exceeds one mile in length and for the relocation or replacement of buildings, pumping stations, regulator stations, power plants, electric substations, or any similar operational unit.

(c) Betterment Credit is a credit deducted by the utility from the total cost of the project for increases in size or capacity of the relocated, replaced or adjusted facility, except that: replacement of devices or materials no longer regularly manufactured may be substituted with the next higher size or grade; and, except that improvements made to the relocated facility to bring the facility within requirements of current laws, governmental regulations, and appropriate regulatory commission codes shall not be deemed betterment.

(d) Salvage Credit is a credit deducted by the utility from the cost of the project for the amount received from the sale of utility property that has been removed, or the amount at which the recovered material is charged to the utilitys accounts if retained for reuse.

(e) Department means the Wyoming Department of Transportation created by W. S. 24-2-101.

(f) Federal-aid highway system means the federal-aid primary highway system, the federal-aid secondary highway system and the interstate highway system, including extensions of any of them within urban areas.

(g) FAPG means the Federal Highway Administration, Federal-Aid Policy Guide references to Title 23 - code of federal regulations (CFR) and specifically to part 645 A titled Relocations, Adjustments and Reimbursements, and 23 CFR 645 B titled Accomodation of Utilities.

(h) Utility, Utilities, or Utility Companies, for the purpose of this regulation, means all publicly, privately, cooperatively, and municipally owned utilities, regulated or unregulated, supplying electric power, telephone, or natural gas services to or for the public.

(i) Highway right-of-way means all of the property acquired by the Department for the construction, operation, and maintenance of highways and related facilities whether or not a highway has been constructed thereon.

(j) Roadway Template means the area of the road embankment from the roadway centerline across the shoulder to the drainage ditch and/or up or down to an intercept of the constructed slope with natural ground.

(k) Clear Roadway Recovery Area also referred to as Clear Zone means an obstruction free vehicle recovery area adjacent to the road traveled lane.

(l) License or License Agreement means the document and exhibit drawing used to apply for permission to occupy highway right-of-way, which upon approval by the Department becomes the permit to do so.

(m) Joint Occupancy Agreement means the document and exhibit drawings used to denote utility facilities who have a previous prior right for relocation/adjustment reimbursement and were incorporated into new highway right-of-way and/or facilities who had a prior right and were relocated into existing or proposed highway right-of-way. This document specifies future obligation to reimburse relocation/ adjustment expenses to the utility. Whether the utilitys easement is acquired by the Department or it is agreed upon to coexist in the same corridor without restricting each others property rights.

Section 4. Regulation. The Department will reimburse utilities with less than fifteen thousand (15,000) customer access lines or customer meters at the rate of fifty (50) percent of the actual cost of relocation or adjustment of utility facilities from federal-aid highway system road right-of-way subject to the following stipulations:

(a) The utility provides certification as to its total customer access lines or customer meters.

(b) The utility submits detailed cost estimates and a detailed final bill showing the total cost of relocation reduced by the expired service life credit, salvage credit, and betterment credit.

(c) The utility cost estimate and final bill shall break out in separate detail those charges reim- bursable at one hundred percent due to provisions of other law, the constitution of this state or of the United States, binding agreements inuring to the utilitys benefit, and/or private property rights held by the utility, from those costs incurred by the relocation/adjustment of facilities located on existing high- way right-of-way.

(d) The reimbursement being sought is for the relocation/adjustment of facilities in actual con- flict with the proposed construction of the roadway template, drainage facilities, structures, borrow areas, and other roadway appurtenances or highway related facilities, or where the utility facility is in conflict with the clear roadway recovery area of the proposed road.

(e) The utility facility for which reimbursement is being sought was located on the highway right-of-way under a license or license agreement issued by the Department and constructed in close conformance with the exhibit drawing and Departments stipulations. Relocation of non-licensed facilities is not reimbursable under this regulation.

(f) Except for the reimbursement provision of this regulation, all other stipulations of the Federal Highway Administration, as outlined in the applicable parts of 23 CFR 645 A and 645 B shall remain in force.

(g) The relocation or adjustment of facilities crossing the highway right-of-way below or above ground is not considered reimbursable under this regulation unless the crossing is part of a parallel line that is being relocated.

Section 5. Procedure. Some change to the current utility relocation/adjustment reimbursement procedures will be required in order to implement the provisions of W. S. 24-13-101 through 24-13-104 and the stipulations of this regulation. The following outlines the general responsibilities of the Depart- ment and those of the utility.

(a) The Department shall:

(i) Identify utility facility locations on plan sheets and cross-sections, prepare a summary that identifies anticipated conflicts between the utility facility and the proposed highway construction, indicate on the summary the percentage of reimbursement for each conflict area, and provide this infor- mation to each utility in sufficient quantity to begin their engineering.

(ii) Request certification by the utility regarding their total amount of customer access lines or meters, as deemed necessary by the Department.

(iii) Provide duplicate original utility relocation/adjustment agreements for execution by the utility, set aside relocation/adjustment funds, and provide written authorization to start the physical relocation/adjustment work.

(iv) Review final bills from the utility, verify material quantities, resolve billing ques- tions, and authorize bills for payment.

(v) Prepare Joint Occupancy Agreements when a utility facility previously located on private land is being incorporated or relocated into existing or proposed highway right-of-way as war- ranted or requested by the utility.

(b) The utility shall:

(i) Upon receipt of the plans, cross-sections, and summary of conflicts proceed with preliminary engineering based on a field review of the project site with the Departments engineer.

(ii) Prepare and submit to the Department a relocation/adjustment cost estimate showing the major components of anticipated expenses including: labor, materials, equipment, overhead, engi- neering, construction supervision, replacement right-of-way, etc. The cost estimate shall be further broken down to separate the anticipated cost to be reimbursed as outlined in Section 4, Paragraph (c), of this regulation.

(iii) The estimate shall show the anticipated credit for salvage, betterment, and expired service life. The expired service life credit shall apply to the relocation or adjustment of any utility facility segment that exceeds one mile in length, and shall be computed using the following formula:

Expired service life of the replaced facility in years; divided by the total estimated service life of the replaced facility in years; the result multiplied by the original installed cost of the replaced facility; which equals the credit to be deducted from the total cost.

The estimated total life expectancy of a facility is the sum of the period of actual use and the period of expectant remaining service life.

The period of expectant remaining service life may be taken from the utilitys records established through the use of age-life curves, or determined by the interested parties through field inspections, giving due consideration to the quality and frequency of maintenance.

(iv) Prepare drawings showing the proposed relocation/adjustment of the facility for use by the Departments engineer and contractor to prevent damage to the facilities, and to become a perma- nent attachment to the relocation/adjustment agreement and/or joint occupancy agreement.

(v) Prepare and submit a final bill in the same detail as the cost estimate showing the total actual expenses incurred as well as the total actual credits deducted from the project costs.

Section 6. Savings Clause. If any portion of this regulation is determined to be illegal, the Commission shall take action to recind the entire regulation.

History

Effective 1992-09-08

Chapter 29 Emergency Lighting for Snow Removal Equipment

Wyo. Code R. 045.0003.29.07102024 § 1 Authority and Purpose

These rules are promulgated by authority of W.S. 31-5-928 to specify the emergency lighting equipment to be used on Wyoming Department of Transportation (WYDOT), county, or municipal snow removal equipment.

History

Effective 2024-07-10

Wyo. Code R. 045.0003.29.07102024 § 2 Definitions

"Snow removal equipment" means any vehicle or equipment used or contracted by a municipality, county, or WYDOT to clear snow from public streets, roads, or highways.

History

Effective 2024-07-10

Wyo. Code R. 045.0003.29.07102024 § 3 Emergency Lighting for Snow Removal Equipment

(a) Snow removal equipment used or contracted by a municipality or county to clear snow from public streets, roads, or highways may be equipped with one or more amber, green, blue, or pink lights. These lights shall be placed as the municipality or county requires.

(b) Snow removal equipment used or contracted by WYDOT shall be equipped with amber, green, blue, or pink lights placed as WYDOT requires.

29-1

History

Effective 2024-07-10

Chapter 30 Procedures for Locally Establishing Speed Limits

Wyo. Code R. 045.0003.30.05292012 Procedures for Locally Establishing Speed Limits

| Table of Contents Procedures for Locally Establishing Speed Limits Chapter 30 1 Authority and Purpose 30-1 2 Procedures for Establishing Speed Limits 30-1 Procedures for Establishing Speed Limits on Paved Roads Appendix I Procedures for Establishing Speed Limits on Unpaved Roads Appendix II | | --- |

Wyoming Department of Transportation Procedures for Locally Establishing Speed Limits

CHAPTER 30

Section 1. Authority and Purpose.

(a) These rules are promulgated by authority of W.S. 31-5-303 and W.S. 31-5-304 to administer the process by which local authorities may establish minimum and maximum speed limits as described in W.S. 31-5-303 and W.S. 31-5-304.

(b) These rules create the provisions and the format whereby local governments and counties may locally establish speed limits. These rules are enacted to reduce local burdens, streamline data gathering, describe systematic review or analysis, maintain nationally accepted engineering procedures or practices while fostering local autonomy, and allow for assistance and training from the Wyoming Department of Transportation (WYDOT) for local establishment of speed limits.

Section 2. Procedures for Establishing Speed Limits.

(a) To establish minimum and maximum speed limits for paved roads as described in W.S. 31-5-303 and W.S. 31-5-304, local authorities shall comply with the national standards for such roads as detailed in Procedures for Establishing Local Authority Set Speed Limits on Wyoming Paved Roads as adopted by the Transportation Commission of Wyoming and provided in Appendix I.

(b) To establish minimum and maximum unpaved road speed limits as described in W.S. 31-5-303 and W.S. 31-5-304, local authorities shall comply with the provisions of Standards and Procedures for Establishing Speed Limits on Wyoming Unpaved Roads as adopted by the Transportation Commission of Wyoming and provided in Appendix II.

Appendix I

Procedures for Establishing Local Authority Set Speed Limits on Wyoming Paved Roads

1.1 PURPOSE

(1) Title 31, Chapter 5 – Article 3 of the Wyoming Statutes establishes the speed regulations for all public roadways in Wyoming. Effective July 1, 2011, the statutory speed limits are:

(a) 20 mph in school zones

(b) 30 mph in urban districts, as defined by W.S. 31-5-102 (a) (lvii)

(d) 30 mph in any subdivision, pursuant to W.S. 18-5-304

(e) 75 mph on interstate highways

(f) 65 mph on all other paved roadways

(g) 55 mph on all other unpaved roadways

(2) The statutes, under W.S. 31-5-303, authorize local authorities to establish specific maximum speed limits on all streets and highways within their respective corporate jurisdiction. Such speed limits may be greater or less than the normal statutory speed limits for the roadways being considered.

(3) The statutes also include a basic speed law [W.S. 31-5-301 (a)], prohibiting drivers from traveling at a speed greater than what is reasonable and prudent under the conditions and having regard to the actual and potential hazards that may exist, which recognizes that driving conditions and speeds may vary widely from time to time. No posted speed limit can adequately serve all driving conditions. Motorists must constantly adjust their driving behavior to fit the conditions they encounter.

(4) Any speed limit, other than a statutory speed limit listed above, that is posted on Wyoming paved roads open to the public shall be based on criteria contained in this procedure and be consistent with national practices. Criteria used to set a speed limit shall include an analysis of free-flow traffic speeds. A spot speed analysis is used to measure the free-flowing traffic speed characteristics at a specified location under the traffic and environmental conditions prevailing at the time of the analysis. The purpose of this document is to establish the proper procedures for completing an analysis in accordance with the statutes, to provide guidance in setting appropriate speed limits based on data, and to establish the documentation and notification procedures when establishing new speed limits.

1.2 SPEED ANALYSIS DATA COLLECTION

(1) The basics of spot speed data collection, such as site selection, sample size requirements, and the selection of target vehicles are described in the ITE Manual of Transportation Engineering Studies. For most spot speed studies used in Wyoming, vehicle speeds should be measured using automated methods such as radar or laser speed detection. The individual vehicle selection method is the preferred method of obtaining free- flow speeds, with sample sizes of at least 50 and preferably 100 vehicles per direction being considered representative samples. The lower sample size can be used on lower volume (i.e., having two-way traffic volumes of less than 1,000 vehicles per day) roadways where the time to collect 100 samples per direction could be excessive.

(2) The data analysis required to make the final recommendations on setting proper speed limits can be conducted by professional engineers only. Those professional engineers are not required to visit the actual location where the study is being conducted as long as the required data was collected by trained technicians or engineers.

1.3 SPEED STUDY DATA COLLECTION SHEET

(1) The Speed Study Data Collection Sheet (Form TR-10) has been developed in conjunction with the Speed Study Worksheet (Form TR-11) for the collection of speed data in the field. These forms can be obtained from the Wyoming Department of Transportation for use on a computer. An example of a blank collection sheet is shown in Figure 1-1. To limit the range of speeds to what is allowed by the worksheet, the lowest anticipated free-flow speed at the study location must be entered in the red box. To help determine what value to enter in the red box, Table 1-1 provides some guidance on what lowest anticipated free-flow speeds might apply based on the posted speed limit and whether the area of the study is in an urban area, urban/rural fringe, or in a rural area.

(2) Prior to heading to the field to collect spot speed study data, it is recommended that several Speed Study Data Collection Sheets having varying lower limits be printed out for use by the data collection personnel.

(3) When collecting speed study data, fill out the heading of the Speed Study Data Collection Sheet completely.

(4) The observer enters a tally mark () in a data block under the appropriate direction for each observance of a speed. If more than 15 vehicles are observed at any particular speed in one direction, tally marks slanting in the opposite direction can be entered over the tally mark previously entered thus forming an ―X,‖ which represents two vehicles observed at that speed. An example of a completed Speed Study Data Collection Sheet is shown in Figure 1-2.

(5) If there is no interest in knowing the speed statistics for each direction, but only the combined directions, then all speed observations for both directions of travel can be entered in one column. This avoids having to add the number of tally marks from the two directions when entering the data into the Speed Study Worksheet.

(6) The Speed Study Data Collection Sheet can also be used to document speeds based on vehicle class, either by direction or for both directions. This is accomplished by using one-letter classification codes rather than tally marks. Classification codes that may be used include the following:

P = passenger vehicle (includes cars, pickups, vans and SUVs)

T = truck (includes single units with 6 or more tires, buses, RVs, and pickups pulling trailers)

S = semi-truck (tractor-trailer combinations)

M = motorcycle

1.4 SPEED STUDY WORKSHEET

(1) The Speed Study Worksheet has been developed to simplify and automate the processing of speed study field data. This helps reduce the chances of errors in the processing as well. The worksheet is an Excel spreadsheet with an input sheet and display sheets for each direction of travel as well as the combination of both directions analyzed. All data is entered on the input sheet, and the results are displayed on the display sheets for printing. The spreadsheet will be made available by contacting WYDOT Traffic.

(2) The location-related data is entered at the top of the Input sheet from the data on the Speed Study Data Collection Sheet. An example of the data input sheet for the previous field data collection sheet is shown in Figure 1-3 Example Speed Study Worksheet Data Input.

(3) Enter the lowest speed recorded and the highest speed recorded. This will help adjust the display of output data so that it is relatively centered in the display graph. If the difference between the highest and lowest recorded speeds exceeds 40 mph, an error message will display.

(4) The number of observations at each respective speed is then entered under the appropriate direction column. If no vehicles were observed at a given speed, the respective line can be left blank or a zero (0) can be entered.

(5) The Speed Study worksheet is designed to analyze speed statistics for each direction of travel as well as both directions at once.

(6) If the speed study is checking speeds by vehicle classification, the Speed Study Worksheet can only process one vehicle class at a time. The class of vehicle being studied should be noted in the Comments space of the input sheet.

(7) Once all of the necessary data is entered on the input sheet, the speed study statistics can be viewed by selecting one of the display sheets. Figure 1-4 Example Speed Study Worksheet Output gives an example of the Speed Study Worksheet output for one direction of travel.

(8) For a neat computer-generated sheet that duplicates the hand-written data from the data collection sheet, the cleaned field data sheet uses the same data entered on the input sheet to provide a copy of the Speed Data Collection Sheet with the heading data and tally marks filled in to match the form completed by hand. Figure 1-5 Example of Cleaned Speed Study Data Collection Sheet gives an example of the cleaned field data collection sheet.

1.5 DETERMINATION OF APPROPRIATE SPEED LIMIT

(1) Speed limits and speed zoning can be controversial. Engineers, public safety officials, and others involved in setting and enforcing speed limits may disagree on the appropriate balance between safety and road-user convenience that should prevail on particular road segments, considering conditions of topography, weather, adjacent activities, and traffic. Motorists, other road users, and roadway neighbors have their own perspectives on this balance and may not abide by the professionals’ judgments.

(2) The criteria to a set a speed limit generally consider such factors as the physical features of the roadway, crash experience, traffic characteristics and control (for example, signals and other control devices), and the length of the roadway segment under consideration (speed-limit changes should not be too frequent or applied to very short road segments).

(3) If the regulation of speed is to be effective, the posted limit must be generally consistent with speeds that drivers feel are safe and proper. Enforcement is widely recognized to be crucial to the success of speed limits as a means for making roads safer. If law enforcement officers and the courts are confident that speed limits have been developed on a reasonable basis, their enforcement of the limits will be more effective. Generally, speed limits should be set at levels that are self-enforcing so that law enforcement officials can concentrate their efforts on the worst offenders.

(4) One of the factors considered very important for setting a speed limit is the prevailing vehicle speed. The Manual on Uniform Traffic Control Devices (MUTCD) is quite explicit, stating that ―when a speed limit within a speed zone is posted, it should be within 5 mph of the 85th-percentile speed of free-flowing traffic.‖ The Speed Study output sheets show the recommended speed limit based on this criterion.

(5) The MUTCD indicates other factors may also influence the appropriate speed limit, including roadway characteristics such as shoulder condition, grade, alignment, and sight distance; the pace; roadside development and environment; parking practices and pedestrian activity; and reported crash experience for at least a 12-month period.

(6) These other factors may be used to justify a speed limit somewhat lower than the 85th-percentile speed, but in no circumstance should the speed limit be posted below the 50th-percentile speed or lower limit of the 10-mph pace.

(7) In cases where the speed limit is posted below the 85th-percentile speed based on the other factors, the speed limit sign serves to remind motorists that conditions in the area are such that the speed reduction is reasonable. Proper use of speed limit signs instills confidence in the minds of drivers that the information on the speed limit sign is accurate and not simply a desire on the part of a policy maker to reduce speed arbitrarily for emotional or political reasons.

1.6 DECLARATION OF SPEED LIMIT

Posted speed limits (other than statutory speed limits) on Wyoming paved roads open to the public that have been established by this procedure should be documented by a Declaration of Speed Limit form similar to the form shown in Figure 1-6. A completed declaration of speed limit form is shown in Figure 1-7. Note that any speed limit change from the statutory limits shall be verified and sealed by a registered professional engineer in Wyoming. The form, with appropriate background information should be presented to the county commission where a resolution approving the proposed speed limit should be approved. The resolution number should be added to the declaration of speed limit form. The form is then returned to appropriate county officials so that the necessary signing changes can be made. Enforcement of the new speed limit cannot occur until the appropriate signs giving notice of the new speed limit have been erected.

Counties can modify this declaration form to fit their local needs. Counties should develop their own systems to record and save all relevant information associated with the speed study and the resolution.

1.7 MINIMUM SPEED LIMITS

Wyoming does not post minimum speed limits.

Appendix II

Standards and Procedures for Establishing Speed Limits on Wyoming Unpaved Roads

1.1 PURPOSE

(1) Title 31, Chapter 5 – Article 3 of the Wyoming Statutes establishes the speed regulations for all public roadways in Wyoming. The limits specified in this subsection or established as otherwise authorized shall be maximum lawful speeds and no person shall drive a vehicle on an unpaved roadway at a speed in excess of 55 mph.

(2) The statutes include a basic speed law [W.S. 31-5-301 (a)] prohibiting drivers from traveling at a speed greater than what is reasonable and prudent under the conditions and having regard to the actual and potential hazards that may exist, which recognizes that driving conditions and speeds may vary widely from time to time. No posted speed limit can adequately serve all driving conditions. Motorists must constantly adjust their driving behavior to fit the conditions they encounter.

(3) Any speed limit, other than a statutory speed limit that is posted on a Wyoming unpaved road, must be based on an engineering study. That study should include an analysis of free-flow traffic speeds and a general roadway safety evaluation. A Spot Speed Study is used to measure the free-flowing traffic speed characteristics at a specified location under the traffic and environmental conditions prevailing at the time of the study. The general safety evaluation should provide recommendations on roadway features which cannot be addressed by changing the speed limit.

(4) The main objectives of these standards is to establish proper study procedures for completing the engineering investigation in accordance with the statutes, to provide guidance in setting appropriate speed limits based on the study data, and to establish the documentation and notification procedures when establishing new speed limits on unpaved roads. These standards and procedures summarize the minimum requirements for setting speed limits on unpaved roads. A professional engineer can consider additional information when selecting appropriate speed limits on unpaved roads.

1.2 DATA COLLECTION/ANALYSIS

(1) All of the spot speed data and other information described in this section shall be collected by engineers or technicians who have been properly trained by the Wyoming T2/LTAP Center to collect field data.

(3) For the engineering studies, vehicle speeds and traffic volumes should be determined using automated traffic counters. Each automated traffic counter should consist of a traffic counter device, two pneumatic tubes, and some additional accessories. The two pneumatic tubes are placed across the road at the recommended spacing. Two ends of the tubes are fixed on the shoulder, while the other two ends are connected to the traffic counter device.

(4) For most low volume unpaved roads, 7 consecutive days of traffic counts are required. For unpaved roads with more than 200 vehicles per day, 2 days of traffic counts may be adequate. Selecting the spot to take speed measurements—the location, traffic, and weather conditions under which to conduct the spot speed study—is generally a matter of common sense. Since average speeds over the length of a section of roadway are the main interest, speed measurements should be taken at the midpoint of a typical section.

The most important aspect of the location is to avoid areas of acceleration and deceleration, such as access points, curves, bad drainage areas, and locations close to roadside hazards. The final layout of the data collection site should be fully described in any report of speed data. The crew should make an accurate sketch of the site, showing the roadway widths and the position of the traffic counters. The crew should record the start time, end time, any downtime, and the conditions prevailing during the study. Such conditions should include a description of any significant road surface distresses. It is essential that speed studies are performed only on roadway segments with average surface conditions.

(5) A special form was developed to assist with the collection and analysis of the traffic count data and the safety aspects of the road as shown in Figure 1-1. The form includes five parts: general information, automated traffic count values, roadway characteristics, historical crash data, and range of speed limit values. In the form, the clear boxes correspond to input that trained technicians or engineers are required to obtain. The gray shaded boxes correspond to the calculations and information that the professional engineer is required to provide. An example of a completed unpaved roads speed limit form is shown in Figure 1-2.

(6) When collecting speed study data, the general information should be completed before proceeding to the next steps.

(7) The required automated traffic count values can be obtained from the output file that the automated traffic counters produce. As shown in Figure 1-3, the output file summarizes the different speed and traffic volumes that the automated traffic counters produce. Four of these values are required in the form and they are: 85th percentile, 50th percentile, the Average Daily Traffic (ADT) and the Average Daily Truck Traffic (ADTT).

(8) Roadway characteristics should be collected during the field inspection of the road. The list and description of each characteristic that are included in the form are as follows:

Roadway Length: The length of the road in miles.

Access Points: Total number of access points on the whole roadway length.

Access Points per Mile: Divide the number of access points by the roadway length.

Roadway Width: The total width of the road including both shoulders.

Adjacent Land-Use: Refers to the type of users of the road. The following different types of land-uses were obtained from AASHTO’s Guidelines on Geometric Design for Very Low Volume Roads:

Rural major access roads serve a dual function of providing access to abutting properties as well as providing through or connecting service between other local road or higher type facilities.

Rural minor access roads serve almost exclusively to provide access to adjacent property. The length of minor access roads is typically short. Because their sole function is to provide access, such roads are used predominantly by familiar drivers.

Industrial or commercial access roads serve developments that may generate a significant proportion of truck or other heavy vehicle traffic. These roads are classified separately from minor access roads, which they otherwise resemble, because of the consideration for trucks and other heavy vehicles.

Recreation and scenic roads serve specialized land uses, including parks, tourist attractions, and recreation facilities, such as campsites or boat-launch ramps. Their users are often unfamiliar drivers and serve recreational vehicles including motor homes, campers, and passenger vehicles pulling boats and other trailers.

Rural resource recovery roads are local roads serving logging or mining operations. Resource recovery roads are distinctly different from the other functional subclasses of very low-volume local roads in that they are used primarily by vehicles involved with the resource recovery activities and the driving population consists primarily or exclusively of professional drivers with large vehicles.

Rural agriculture roads are used primarily to provide access to fields and farming operations.

Vehicle types that use such roads include combines, tractors, trucks that haul agricultural products, and other large and slow-moving vehicles with unique operating characteristics.

Type of Terrain: Refers to the general geometrics of the road. There are three different types of terrain that can be chosen:

Level

Rolling

Mountainous

(9) The historical crash data can be obtained from the safety division of WYDOT or the Wyoming T2/LTAP Center to get the latest crash statistics. It is recommended that 10 years of crash data be included in the evaluation. The following three types of crashes are required: number of fatalities, number of injuries, and the number of Property Damage Only (PDO). The Equivalent Property Damage Only (EPDO) is calculated by Equation 1.

Once the EPDO is calculated, the EPDO per mile is determined by dividing the EPDO by the roadway length.

(10) The preferred speed limit is the 85th percentile speed rounded to the nearest 5 mph. The lowest acceptable speed limit may be up to 10 mph less than the preferred speed limit.

1.3 SAFETY EVALUATION A general road safety evaluation should be considered when determining speed limits. Such an evaluation should include the following:

(1) If there is high number of crashes on the roadway under investigation, then a detailed crash analysis should be performed to find the causes of the crashes. Once the causes are determined, then additional steps should be taken to provide safety enhancements for high crash locations. Reducing the speed limits by itself will not automatically reduce crashes.

(2) The road should be driven at a reasonable and safe speed to determine if any curves require vehicles to slow down. Further safety enhancements such as signage, delineation, shoulder widening, and guardrails should be considered at adverse curves.

(3) When horizontal curves are signed, they should include either chevrons, delineators or curve warning signs. Speed advisory signs are not required on unpaved roads.

(4) Speed limits should not be reduced due to the presence of isolated fixed objects such as utility poles, trees, rocks or narrow cattle guards. Consideration should be given to using object markers, removing the hazard or widening of the road at those locations.

(5) The speed limit should never be lowered to reduce the number of signs needed on a road.

1.4 DETERMINATION OF APPROPRIATE SPEED LIMIT

(1) Speed limits and speed zoning remain one of the more controversial tasks for the traffic engineering profession. Engineers, public safety officials, and others involved in setting and enforcing speed limits may disagree on the appropriate balance between safety and road-user convenience that should prevail on particular road segments, considering conditions of topography, weather, adjacent activities, and traffic.

Motorists, other road users, and roadway neighbors have their own perspectives on this balance and may or may not abide by the professionals’ judgments.

(2) In order for the regulation of speed to be effective, the posted limit must be generally consistent with speeds that drivers feel are safe and proper. Enforcement is widely recognized to be crucial to the success of speed limits as a means for making roads safer. If law enforcement officers and the courts are confident that speed limits have been developed on a reasonable basis, their enforcement of the limits will be more effective. Generally, speed limits should be set at levels that are self-enforcing so that law enforcement officials can concentrate their efforts on the worst offenders.

(3) For most cases, the recommended speed limit shall be the 85th percentile speed rounded to the nearest 5 mph.

(4) A professional engineer can consider the factors described in Section 1. 2 to justify a lower speed limit. The recommended speed limit should never be below the lowest acceptable speed limit described in section 1.2(10).

(5) The recommended speed limit on unpaved roads shall never be higher than the statutory speed limit of 55 mph.

(6) Speed limit signs serve to remind motorists that conditions in the area are such that a reduction in speed is reasonable. Proper use of speed limit signs would instill confidence in the minds of drivers that the information on the speed limit sign is accurate and not simply a desire on the part of a policy maker to reduce speed arbitrarily.

1.5 DECLARATION OF SPEED LIMIT

Posted speed limits (other than statutory speed limits) on Wyoming unpaved roads open to the public that have been established by this procedure should be documented by a Declaration of Speed Limit form similar to the form shown in Figure 1-4. A completed declaration of speed limit form is shown in Figure 1-5. Note that any speed limit change from the statutory limits shall be verified and sealed by a registered professional engineer in Wyoming. The form, with appropriate background information should be presented to the county commission where a resolution approving the proposed speed limit should be approved. The resolution number should be added to the declaration of speed limit form. The form is then returned to appropriate county officials so that the necessary signing changes can be made. Enforcement of the new speed limit cannot occur until the appropriate signs giving notice of the new speed limit have been erected.

History

Effective 2012-05-29

Chapter 31 Procedures, Fees, Costs, and Charges for Inspection, Copying, and Producing Public Records

Wyo. Code R. 045.0003.31.05162017 Procedures, Fees, Costs, and Charges for Inspection, Copying, and Producing Public Records

Procedures, Fees, Costs, and Charges for Inspection, Copying, and Producing Public Records

CHAPTER 31

Section 1. Authority and Purpose.

These rules are promulgated by authority of W.S. 24-2-105 and by the requirements of W.S. 16-3-103(j)(ii) and W.S. 16-4-204(d) to establish uniform procedures, fees, costs, and charges for inspecting, copying, and producing public records.

Section 2. Incorporation by Reference.

(a) The Wyoming Department of Transportation (WYDOT) hereby incorporates by reference the following rule: Wyoming Department of Administration and Information (A&I), Director's Office Section, Chapter 2, Uniform Procedures, Fees, Costs, and Charges for Inspecting, Copying, and Producing Public Records, adopted by A&I and effective on September 6, 2016. The incorporated material may be found at the following: https://rules.wyo.gov/. This incorporated rule may also be requested from the Wyoming Secretary of State office (Administrative Services Division) in writing at 2020 Carey Avenue, Suite 600, Cheyenne, Wyoming, 82002-0020; by email at rules@wyo.gov; by telephone at (307)777-5348; or by fax at (307)777-5339.

(b) For these rules incorporated by reference:

(i) The Department has determined that incorporation of the full text in these rules would be cumbersome or inefficient given the length or nature of the rules;

(ii) Any code, standard, rule, or regulation incorporated by reference does not include any later amendments or editions of the incorporated matter beyond the applicable date identified in subsection (a) of this section; and

(iii) The incorporated rules are maintained at the WYDOT headquarters (5300 Bishop Boulevard, Cheyenne, Wyoming, 82009-3340) and are available for public inspection and copying at the same location.

Section 3. Further Provision.

The provisions and fees in the incorporated rule shall apply to all WYDOT functions unless otherwise enumerated by state statute.

History

Effective 2017-05-16

Chapter 32 Alternative Design and Contracting Methods

Wyo. Code R. 045.0003.32.04162026 § 1 Authority

The Wyoming Department of Transportation (WYDOT) may use alternative design and contracting methods for road and bridge construction in accordance with W.S. 24-2-108(c).

History

Effective 2026-04-16

Wyo. Code R. 045.0003.32.04162026 § 2 Alternative Contracting Methods

(a) Available Methods. The following are available alternative design and contracting methods, as provided for in W.S. 16-6-701(a)(v), that WYDOT may use for road and bridge construction:

(i) Construction manager agent,

(ii) Construction manager at-risk, or

(iii) Design-build.

(b) Determination of Alternative Contracting Method. WYDOT may use an alternative contracting method based on a road or bridge construction project's individual needs and merits.

History

Effective 2026-04-16

Wyo. Code R. 045.0003.32.04162026 § 3 Construction Manager Agent

WYDOT may hire a construction manager agent, as defined in W.S. 16-6-701(a)(vi), for a road or bridge construction project to provide administration and management services.

History

Effective 2026-04-16

Wyo. Code R. 045.0003.32.04162026 § 4 Construction Manager At-Risk

WYDOT may hire a construction manager at-risk, as defined in W.S. 16-6-701(a)(vii), for a road or bridge construction project by contracting with a single proposer to provide preconstruction services and, optionally, oversee and subcontract construction services. For the department's purposes, a construction manager at-risk is referred to as a construction manager/general contractor.

(a) Selection Process. At a minimum, WYDOT shall comply with W.S. 16-6-707(b) through (c) when issuing a request for qualifications and a formal request for proposal.

(b) State Funded Construction Projects. When a project is state funded, WYDOT shall follow the residency requirements provided by W.S. 16-6-707(a) and W.S. 16-6-707(c) for construction services.

History

Effective 2026-04-16

Wyo. Code R. 045.0003.32.04162026 § 5 Design-Build

WYDOT may hire a design-builder, as defined in W.S. 16-6-701(a)(x), for a road or bridge construction project by contracting with a single proposer to provide design services in addition to construction or maintenance services.

(a) Selection Process. At a minimum, WYDOT shall comply with W.S. 16-6-701(a)(ix)(A) through (D) and W.S. 16-6-707(b) when issuing a request for qualifications and a formal request for proposal.

(b) Unsuccessful Proposers. Compensation for unsuccessful proposers shall be at WYDOT's discretion and shall be clearly specified in the request for proposal as allowed in W.S. 16-6-701(a)(ix)(E).

(c) State-Funded Construction Projects. WYDOT shall follow the residency requirements as defined by W.S. 16-6-707(a) for construction services when the project is funded with state funds.

History

Effective 2026-04-16

Chapter 33 Off-road Recreational Vehicles: Interstate Rights of Way and Crossings

Wyo. Code R. 045.0003.33.12172025 Off-road Recreational Vehicles: Interstate Rights of Way and Crossings

Chapter 33

Off-Road Recreational Vehicles: Interstate Rights of Way and Crossings Section 1. Authority.

(a) The Wyoming Department of Transportation (WYDOT) promulgates these rules by authority of W.S. 31-5-1601.

(b) The Federal Highway Administration (FHWA) retains final authority over allowing new access for all off-road recreational vehicle (ORV) use within interstate rights of way (ROW).

Section 2. Purpose.

(a) Requirements. These rules implement the requirements for ORV operation within interstate ROW outlined in W.S. 31-5-1601.

(b) Permitting. These rules establish a permitting process for obtaining an encroachment permit and WYDOT approval for:

(i) Interstate crossings; and

(ii) ORV routes adjacent to the interstate roadway.

Section 3. Definitions.

(a) Interstate "right of way" (ROW) means the entire right of way, including the roadway, banks, ditches, shoulders, crossings, and on/off access ramps.

(b) "Off-road route" means an ORV route within the interstate right of way adjacent to the interstate roadway.

(c) "On-road route" means an ORV route that uses public roadways enrolled in the state ORV system. On-road routes are prohibited on interstate roadways.

(d) Interstate "crossing" for the purposes of these rules means a roadway or other route that crosses the interstate ROW, either below or above the interstate roadway.

(e) Off-Road Recreational Vehicle (ORV), means a vehicle as defined in W.S. 31-1- 101(K).

Section 4. Operator Requirements. Individuals operating ORVs within the interstate ROW shall have the following required credentials and equipment, pursuant to W.S. 31-5-1601:

(a) Valid driver's license for the type or class of vehicle being operated;

(b) License plate or ORV decal;

(d) An adequate braking device, horn, muffler, and mirror.

Section 5. Interstate Crossing Requirements. WYDOT shall review ORV routes crossing interstates to ensure crossings meet the following requirements:

(a) Are grade separated, using roads or routes that cross above or below the interstate roadway;

(b) Do not exceed an average annual daily traffic volume of one thousand (1,000) vehicles;

(c) Are appropriately signed to ensure ORV operators stay on designated ORV routes, comply with state traffic laws, and integrate with other motor vehicle traffic safely; and

(d) At grade crossings are NOT allowed.

Section 6. Interstate Adjacent ORV Route Requirements. WYDOT shall review ORV routes adjacent to the interstate roadway to ensure proposed routes meet the following requirements:

(a) Compliance with all state and federal regulatory requirements. The Wyoming State Trails Program (WSTP) shall provide documentation of environmental and cultural clearances, as well as any documentation needed for FHWA approval;

(b) Remain outside the clear zone and as close to the ROW fence as is possible;

W.S. 31-5-1601(e)(i);

(d) Do not use existing interstate infrastructure for ORV traffic, such as roadway, shoulders, clear zone, bridges, culverts, or ramps. WSTP shall, at its own expense and with WYDOT approval, construct the necessary infrastructure and traffic modifications to accommodate ORV routes;

(e) Are appropriately signed. WSTP shall ensure ORV routes include stop signs at intersections and warning signs for both ORV drivers and motor vehicle drivers;

(f) Compliance with all site-specific requirements identified during field inspections;

and

(g) Are designated, marked, or signed as an ORV route by WSTP, pursuant to W.S. 31- 5-1601(e)(i).

Section 7. Permitting. Use of the interstate ROW for ORV routes and crossings shall be authorized only with a signed encroachment permit between WSTP and WYDOT.

(a) Written Request. WSTP shall make a written request to WYDOT for developing and enrolling an ORV route or crossing, and include:

(i) Documentation showing that WSTP has exhausted all other options for ORV routes and crossings. Interstate ROW shall be the last resort for ORV routes.

(ii) Documentation showing the ORV routes that would be connected by the requested interstate ROW route. Only requests for ORV routes and crossings that connect an existing network of ORV routes and roads enrolled in the state ORV system shall be approved.

(b) Field Visit. WYDOT shall conduct a field visit with WSTP to assess feasibility and document any site-specific safety, traffic, trail, or regulatory requirements.

(c) Requirements. WYDOT shall provide WSTP a written list of general and site- specific requirements for using interstate ROW as well as the WYDOT encroachment permit for review and signature.

(d) Approval/Denial. Upon receiving documentation of all regulatory approvals and the signed encroachment permit, WYDOT shall review and recommend Transportation Commission approval or denial on interstate right of way requests, by resolution and inform WSTP in writing of the decision.

Section 8. Costs and Maintenance. WSTP shall pay for and maintain all components related to ORV routes and crossings within the interstate ROW.

History

Effective 2025-12-17

275 Motor Carrier

Chapter 1 Motor Carriers

Wyo. Code R. 045.0004.1.01032023 Motor Carriers

Chapter 1

Motor Carriers

Section 1. Authority and Purpose.

These rules of practice and procedure are promulgated by authority of W.S. 24-2-105, W.S. 31-5-1701, W.S. 31-18-104(a)(vi), and W.S. 31-18-303 to supervise and regulate motor carrier operations as set forth in the Wyoming Commercial Vehicle Act (W.S. 31-18-101 through W.S. 31-18-903).

Section 2. Definitions.

(a) Definitions as set forth in W.S. 31-18-101 shall apply insofar as all terms used in these rules and regulations are concerned. All terms used in these rules and regulations shall be construed as defined in Wyoming statutes and the rules and regulations of the Department. These definitions apply to Wyoming Highway Patrol Policies and Procedures on Rotational Tow and Recovery Operations Manual found in Appendix B of these rules and regulations, which contain additional definitions pertinent to that manual as well.

(b) "Department" means the Wyoming Department of Transportation (WYDOT).

(c) "Dispute resolution committee" means a committee serving as described in the Wyoming Highway Patrol Policies and Procedures on Rotational Tow and Recovery Operations Manual found in Appendix B of these rules and regulations.

(d) "Letter of authority" or "order" means a document issued under W.S. 31-18-101, et seq., by the Department, granting intrastate authority to a person to operate a motor vehicle as a motor carrier transporting persons or property.

(e) "Non-consensual tow" means a tow carrier's transporting of a vehicle without the vehicle's owner, possessor, agent, insurer, lien holder, or any other person legally possessing or responsible for the vehicle specially requesting or providing a preference for a specific tow carrier. This movement includes transporting or towing the vehicle under lawful circumstances or necessity for the public interest, including removal from roadways to preserve public safety and from public or private property after abandonment or unauthorized parking by the person legally possessing or responsible for the vehicle. Wyoming Highway Patrol (WHP) rotational tows are considered non-consensual tows even when the vehicle owner or operator is present and consents to the non-consensual tow.

(f) "Person" means individuals, associations of individuals, firms, partnerships, companies, corporations, limited liability corporations, their lessees, trustees, or receivers, appointed by any court whatsoever in the singular number as well as the plural.

(g) "Recovery" means the winching, hoisting, up-righting, removing, or otherwise relocating of a vehicle when found in such a location, state, or position that it cannot be safely operated under its own power following the recovery process. If a vehicle is upright and on the roadway, towing or servicing it is not considered a recovery. Class "R" vehicles shall not perform recovery operations.

(h) "Tow" means pulling or hauling a vehicle with a tow and recovery vehicle to a place of safekeeping.

(i) "Tow and recovery vehicle" (also called a "wrecker," "recovery vehicle," or "tow truck") means a vehicle altered or designed and equipped for and primarily used to move disabled, improperly parked, impounded, or otherwise indisposed motor vehicles. Towing may involve recovering a vehicle damaged in a crash, returning a vehicle to a drivable surface after a mishap or inclement weather, or towing or transporting a vehicle on a flatbed to a repair shop or another location.

(j) "Tow truck and recovery carrier" (also called a "tow carrier" or "tow and recovery service") means any person or entity engaged in the business of operating a wrecker, tow truck, or other vehicle equipped with a mechanical apparatus designed to hoist, pull, or move a vehicle that is wrecked, damaged, disabled, abandoned, or otherwise creating a safety hazard, and which meets all requirements of the local authorities in the respective jurisdiction and the requirements of the Department.

(k) "Winch out" means removing a vehicle from its position typically in a ditch or borrow pit or in mud, snow, water, or another substance that renders the vehicle inoperable. Following the winch out, the vehicle shall be safely drivable using its own power.

Section 3. Exemptions.

(a) The provisions of these rules do not apply to those exemptions as set forth in W.S. 31-18-103.

(b) Privately owned motor vehicles used in making nonprofit, educational, or religious tours of the state are exempt from obtaining operating authority.

Section 4. Communications, Addresses, and Notices.

(a) All applications, written communications, and documents shall be sent to the Department's Regulatory Section of the Motor Vehicle Services Program by:

(i) Physical mail: Wyoming Department of Transportation, Motor Vehicle Services Program, Regulatory Section, 5300 Bishop Boulevard, Cheyenne, Wyoming 82009-3340;

(ii) Fax: (307)777-4772; or

(iii) Email: mvs@wyo.gov.

(b) All applications, communications, and documents are deemed officially received only when delivered to the Regulatory Section of the Motor Vehicle Services Program.

(d) All required notices sent to a carrier shall be presumed received if sent to the carrier's last known address as shown on Department records.

Section 5. Carrier Records.

(a) All motor carriers holding operating authority in Wyoming shall keep and maintain adequate records in accordance with all applicable federal regulations.

(b) All records the Department requires shall be available for inspection or audit by any authorized WYDOT representative. The carrier shall, at its own expense, forward such records to the Department upon the request of an authorized representative.

Section 6. Towing and Recovery Vehicles.

(a) All tow and recovery vehicles shall meet all safety requirements as specified by federal and state regulations.

(b) All tow and recovery vehicles shall be inspected by the WHP and classified as follows:

(i) Class "A" tow and recovery vehicles shall have the following:

(A) A minimum gross vehicle weight rating (GVWR) of 10,000 pounds;

(B) A minimum retracted boom capacity of 8,000 pounds, as rated by the manufacturer;

(C) An individual power take off (PTO) or a hydraulic power winch with a minimum rating of 8,000 pounds, as rated by the manufacturer, with a minimum of 100 feet of 3/8-inch independent wire cable or synthetic rope equivalent on the drum;

(D) A manufactured underlift with a minimum lifting capacity of 3,500 pounds when retracted and a minimum tow rating of 7,500 pounds, as rated by the manufacturer, with safety chains or synthetic rope equivalent; and

(E) Dual rear wheels.

(ii) Class "B" tow and recovery vehicles shall have the following:

(A) A towing vehicle chassis with a manufacturer's capacity of 21,000 pounds or greater GVWR;

(B) A minimum boom capacity of 24,000 pounds when retracted, as rated by the manufacturer;

(C) An individual PTO or a hydraulic power winch with a minimum rating of 12,000 pounds, as rated by the manufacturer, with a minimum of 150 feet of 7/16-inch independent wire cable or synthetic rope equivalent on the drum;

(D) A manufactured underlift with a tow rating of 20,000 pounds and a minimum lift rating of 9,000 pounds when retracted; and

(E) Light and brake hookups for towed vehicles when required for public safety.

(iii) Class "C" tow and recovery vehicles shall have the following:

(A) A minimum GVWR of 35,000 pounds;

(B) A boom with a minimum winch capacity of 40,000 pounds combined, as rated by the manufacturer;

(C) A minimum winch capacity of 40,000 pounds or double winch capacity of 20,000 pounds each with a minimum of 175 feet of 9/16-inch independent wire cable or synthetic rope equivalent on the drum or drums;

(D) Auxiliary air brake lines and hoses connected to buses, tractors, trailers, or other towed vehicles when required as a matter of public safety;

(E) A rear tandem axle or super single tires and wheels with tandem axle drive; and

(F) A minimum underlift tow rating of 26,000 pounds and a minimum lift rating of 24,000 pounds when retracted (if so equipped) or a tow sling or tow bar with a minimum rating of 24,000 pounds.

(iv) Class "L" tow and recovery vehicles shall have the following:

(A) A minimum GVWR of 18,000 pounds;

(B) A minimum individual boom capacity of 5,000 pounds, as rated by the manufacturer; and

(C) An individual PTO or a minimum hydraulic power winch capacity of 5,000 pounds, a minimum 75 feet of 3/8-inch cable or synthetic rope equivalent on the drum, or a manufactured wheel-lift with a minimum retracting lifting capacity of 3,500 pounds when retracted, or an "integrated boom" with a minimum lifting capacity of 3,500 pounds.

(v) Class "R" tow and recovery vehicles shall have the following:

(A) A minimum GVWR of 14,000 pounds or be originally designed and manufactured as a rollback;

(B) A minimum winch capacity of 8,000 pounds, as rated by the manufacturer, with a minimum 50 feet of 3/8-inch cable or synthetic rope equivalent on the drum; and

(C) A bed or box capable of carrying a vehicle with no part of the carried vehicle in contact with the roadway and a minimum bed load rating of 10,000 pounds.

(i) The following lighting shall be required and may be contained within a commercially manufactured light bar:

(A) A minimum of one red light, or a combination of red and blue lights, visible from the front and the rear during operation. These lights shall be used only as authorized by W.S. 31-5-102(a)(ii)(C) and W.S. 31-5-928(g).

(B) A minimum of two high-intensity amber lights contained in a light bar or a revolving amber light, an amber strobe light, or two-way flashing amber lights 4 inches in diameter. LED assemblies meeting the visibility requirements shall be allowed. These lights shall be clearly visible 1,000 feet from the front and rear of the vehicle and be mounted as high as practical.

(ii) Towed vehicles shall display working taillights, turn signals, and stop lights that shall be visible from the rear and controlled by the towing vehicle operator.

(d) All tow and recovery vehicles shall comply with the following requirements:

(i) All safety equipment prescribed by the United States Department of Transportation (USDOT) Safety Regulations within the Code of Federal Regulations, Title 49, as adopted for commercial vehicles by WYDOT.

(ii) Equipment capable of removing glass and other debris as prescribed in W.S. 31-5-117(b).

(iii) Safety chains or synthetic rope adequate for securing a vehicle or vehicles

with the working load limit applicable for the class of tow and recovery vehicle used.

(iv) Trailers used for recovery or removal operations shall:

(A) Not exceed the allowable loaded weight, as indicated by the manufacturer GVWR; and

(B) When pulled by a power unit in a recovery operation, have a power unit meeting the lighting and safety requirements specified in state or federal laws or regulations.

(v) Winches, wheel lifts, cradles, tow plates, tow slips, and booms shall be built by a manufacturer of such equipment and shall not be "homemade."

(vi) Tow and recovery vehicles equipped with fixed booms and/or "true-hitch" are not authorized for recovery operations.

(vii) Class "C" fifth-wheel attachments, including but not limited to "Quickswap," "Zacklift," or detachable tow units, shall not be authorized for WHP non-consensual rotation tows.

(viii) Come-a-longs, chains, or other similar devices shall not be used as substitutes for winch and cable.

(e) Restrictions.

(i) All tow and recovery vehicle operations shall comply with all traffic laws and regulations.

(ii) All persons engaged in towing and recovery within the federal-aid highway rights-of-way shall wear safety apparel meeting federal safety requirements for visibility.

(iii) All tow carriers operating in Wyoming shall notify the WHP Dispatch Communications Center before removing any vehicle on a state highway to verify that no other prior arrangements exist.

(iv) Motor carriers operating tow and recovery vehicles not meeting the requirements of these rules may be subject to Department disciplinary action resulting in, but not limited to, revoking or canceling the carrier's operating authority.

(v) All tow and recovery vehicles are subject to all applicable federal and state commercial vehicle statutes and rules and regulations.

(vi) The WHP has statutory authority to spot check any tow and recovery vehicle for registration, fuel licensing, letter of operating authority, weight violations, or commercial vehicle or driver inspections.

(vii) If directed by state statutes, tow and recovery vehicles shall stop at Wyoming ports-of-entry.

(viii) No tow and recovery vehicle operator shall transport, nor allow to be transported, any passengers in any vehicle towed, recovered, or hauled by a tow and recovery vehicle. Passengers from these vehicles being transported in the tow and recovery vehicle shall be considered authorized.

(ix) No operator, employee, or individual used by a tow and recovery carrier in a non-consensual tow and recovery operation shall be a member, or affiliate, of any federally identified criminal organization.

(f) Non-consensual towing and recovery.

(i) All non-consensual towing and recovery practices shall be in accordance with Department rules and regulations, all applicable state and federal laws and regulations, and the Wyoming Highway Patrol's Policies and Procedures on Rotational Tow and Recovery Operations Manual as set forth in Appendix B of this chapter.

(g) Letter of authority application.

(i) Before performing a tow and recovery service as either a private or contract motor carrier, the tow and recovery vehicle owner or lessee shall apply for and receive from WYDOT the appropriate letter of private or contract authority, or both. The application shall be submitted on forms the Department furnishes.

(ii) After receiving the application, but before issuing the letter of authority, the Department shall inspect the tow and recovery vehicle. A copy of the inspection shall be sent to the Regulatory Section to be placed in the carrier's file. To receive a letter of authority, the tow and recovery vehicle shall meet the specifications for the class requested, and the owner or lessee shall certify that the information furnished is correct.

(h) Inspection.

(i) In addition to any roadside inspections WHP initiates, as described in Section 6(e)(vi) of this chapter, the Department shall annually inspect and determine the condition of the tow and recovery vehicle and its equipment between January 1 and June 30. A copy of the inspection form shall be sent to the Regulatory Section to be placed in the carrier's file, and another copy shall be carried in the vehicle.

(ii) Tow and recovery vehicles not meeting rule requirements at the annual inspection or under inspections found in Section 6(e)(vi) of this chapter may have their letter of authority revoked and canceled.

(i) Special provisions.

(i) An emergency situation may arise to include, but not be limited to, the weather, or the size or location of the crash where the peace officer on scene is authorized to use any qualified or nonqualified equipment necessary. A rotational list or a special request for a specific tow and recovery carrier may be superseded in these situations.

(ii) Peace officers, while performing their duties, shall not be responsible to pay for services performed by tow and recovery vehicle operators.

Section 7. Cancellation of Authority and Reapplication.

When WYDOT cancels an authority for any violation of this rule, or a motor carrier's failure to file prescribed evidence of insurance, the carrier shall file a new application for authority and pay the filing fee.

Section 8. Leasing Requirements.

(a) Leased Motor Vehicle Qualifications. All motor vehicles leased by a carrier shall be qualified by the lessee to operate under that carrier. When motor vehicles owned by one carrier holding operating authority from WYDOT are leased to another person, a copy of the lessee's current letter of authority shall be carried in the power unit. During the lease term, the lessee shall have complete control of the leased motor vehicle and shall be fully responsible for its operation, in accordance with applicable statutes, laws, and regulations—including the requirements of these rules and regulations concerning equipment safety and inspection and insurance coverage.

(b) Lease Terms and Conditions. All leases shall be in writing and signed by the parties to it. Leases shall specify the term and the consideration to be paid by the lessee.

(i) During the entire lease term, a carrier shall at all times carry an original copy, a certified copy, or a photocopy of the lease in each vehicle covered by the lease so that it is available for inspection by Department representatives or other authorized persons.

(ii) The Department shall always have the right to examine all motor vehicle equipment leases and approve or disapprove them.

(c) Equipment Leasing Regulation. When it appears that a carrier and shipper or any other combination of persons might use a lease arrangement to evade some aspect of regulation within WYDOT jurisdiction, the Department shall institute an investigation and issue a formal complaint if necessary. If the Department determines that the lessor and lessee entered into a motor vehicle equipment lease to avoid regulation by Wyoming statutes or Department rules and regulations, WYDOT may request the Attorney General to institute proceedings in state court, or take whatever action is necessary and proper.

Section 9. Safety Regulations.

(a) The Department requires all motor carriers, as defined in W.S. 31-18-101, and carriers in interstate commerce, as defined in 49 CFR 390.5, to comply strictly with the following:

(i) All Wyoming laws pertaining to safe operation and such rules promulgated by WYDOT;

(ii) The following USDOT hazardous materials regulations: 49 CFR Parts 105 through 107, 109, 110, 130, and 171 through 180; and

(iii) The following USDOT motor carrier safety regulations: 49 CFR Parts 40, 303, 325, 350, 355, 356, 360, and 365 through 399 for interstate transportation and as amended in Appendix A to these rules for intrastate transportation.

(b) WYDOT shall conduct audits and inspections as needed to enforce state and federal laws related to interstate and intrastate motor carrier operations. The Department's authorized employees or agents may enter, inspect, and examine any lands, buildings, and equipment of motor carriers subject to this section in order to inspect and copy any accounts, books, records, or documents to administer and enforce state and federal laws related to motor carrier operation provided:

(i) WYDOT's authorized employees or agents shall schedule an appointment with the motor carrier before entering, inspecting, or examining any facility or records of a motor carrier; but

(ii) If the Department's authorized employees or agents believe that a violation is involved and that a scheduled appointment would compromise the detection of the alleged violation, no appointment is necessary; and

(iii) A motor carrier shall submit its lands, buildings, and equipment for inspection and examination and shall submit accounts, books, records, and documents for inspection and copying in accordance with this section.

(i) Satisfactory: The carrier may be required to submit a letter of compliance within a designated period to WYDOT. A follow-up compliance review may be conducted; or

(ii) Unsatisfactory: The carrier shall be required to submit a letter of compliance to the Department within 30 days. A follow-up compliance review shall be conducted. If the carrier fails to receive a satisfactory rating, the Department shall take further action against it for noncompliance.

(d) These regulations shall authorize placing a driver out-of-service for driving or working in excess of hours of service or any other conditions identified in the federal safety standards and found by WYDOT to contribute to unsafe operations. These regulations shall additionally authorize placing a vehicle out-of-service because of mechanical or operational dysfunction causing a vehicle to be unsafe under federal safety standards. These regulations shall abide by established federal safety standards.

Section 10. Bills of Lading Regulations.

(a) For-hire motor carriers shall always use and carry in their motor vehicles at all times uniform bills of lading showing all property being transported. The carrier shall deliver copies to both the consignor and the consignee and retain a copy for Department inspection.

(b) Private motor carriers are not required to carry in their motor vehicles a bill of lading or other shipping document, except when transporting a hazardous material as required in 49 CFR 177.817 as adopted by the Department. The requirement for intrastate private carriers shall be governed by Appendix A to these rules and regulations.

Section 11. Hearings and Appeals.

Except for internal procedures conducted by the dispute resolution committee, all practice and procedure for hearings before the Department shall be as provided in Chapter 3, General Section, of the Wyoming Department of Transportation Rules and Regulations.

Appendix A to Chapter 1, Motor Carriers

This appendix consists of Wyoming-specific cross-references, changes, omissions, and additions to 49 CFR Parts 40, 303, 325, 350, 355, 356, 360, and 365-399.

The cross-references set forth below are of general application throughout the rules reproduced in this appendix and shall be applied except when the context of the rule clearly requires otherwise.

(a) References to "state" shall mean the State of Wyoming.

(b) References to "Interstate" shall mean "Intrastate."

(d) References to "Federal" shall mean "Wyoming."

(e) References to such federal persons and entities such as "Secretary," "Federal Highway Administrator," or "Administration," "Regional Director," "District Director," and other similar references shall mean WYDOT, its employees and duly designated agents, including the WHP, enforcing these rules pursuant to W.S. 31-18-701(b). WYDOT, to promote efficiency in government and to avoid duplication of skills, personnel, and effort, may designate other personnel to provide technical expertise and assistance to the Department as the need arises.

Section 390.5 Definitions. All definitions set forth in W.S. 31-18-101 are incorporated herein by this reference. In addition, in this appendix and for the purposes of these rules:

"Agricultural growing season" means January 1 to December 31 of any calendar year.

"Air-mile" means an international nautical mile of approximately 6,076 feet measured in a straight line and not on an over-the-road basis.

"Commercial vehicle" means as defined in W.S. 31-18-101(a)(iii).

Section 390.21(b)(2) is changed to read:

The motor carrier identification number, if issued by the Federal Highway Administration, shall be preceded by the letters "USDOT." When issued for Wyoming intrastate carriers, the number shall be preceded by "USDOT" and followed by the suffix "WY," as in the following example: USDOT 123456 WY.

Section 390.23.

WYDOT directs any motor carrier seeking relief from Section 395.3(b) to contact WHP in writing to request such relief.

WYDOT shall recognize emergency relief exemptions as declared by the President of the United States, the Governor of a state, or authorized designees or representatives having authority to declare emergencies, when such emergencies are declared as prescribed in federal regulations.

Section 391.11(b)(1) is changed to read:

(1) is at least 18 years old;

Section 395.1(e) is changed to read:

(e) 150 air-mile radius driver. A driver is exempt from the requirements of §395.8

if:

(1) The driver operates within a 150 air-mile radius of the normal work reporting location.

Appendix B to Chapter 1, Motor Carriers

This appendix contains the Wyoming Highway Patrol Policies and Procedures on Rotational Tow and Recovery Operational Manual.

Section 1. Authority and Purpose of Manual.

(a) Wyoming Department of Transportation (WYDOT) has the authority to provide rules and regulations for the safe and efficient removal of vehicles from the highways when the owner is not present under W.S. 31-5-1701. The Wyoming Highway Patrol (WHP) has been delegated this authority to assure procedures are in place for the WHP's voluntary non-consensual rotational list.

(b) The purpose of this manual is to state the policies, procedures, and standards for members of WHP and for towing and recovery carriers with regard to towing service standards. Also, this manual serves to further ensure the safe and efficient removal, storage, and safekeeping of any and all vehicles being towed by and placed into custody of such towing companies.

Section 2. Definitions.

(a) "Abandoned motor vehicle rotational list" means a specific list of approved tow and recovery companies called to remove abandoned vehicles maintained by WHP.

(b) "DRC" means the Dispute Resolution Committee.

(c) "Call-out area" means a rotational call-out area that is a unique geographical area defined by boundaries determined by the Wyoming Highway Patrol Troops Map. In some instances, a division or troop may be divided into multiple lists. These areas shall be based upon, but not limited to, geographical issues and response times. In some instances, call-out areas may cross troop boundaries.

(d) "Colonel" means the agency administrator for the WHP.

(e) "Department" means the Wyoming Department of Transportation.

(f) "Executive command staff" means WHP rank consisting of colonel, lieutenant colonel, field operations commander (major), and support services commander (major).

(g) "GCVW" means Gross Combined Vehicle Weight.

(h) "GVW" means Gross Vehicle Weight.

(i) "GVWR" means Gross Vehicle Weight Rating.

(j) "Level 1 safety inspection" means a North American Standard inspection that includes examination of or for driver's licenses; medical examiner's certificates and Skill Performance Evaluation certificates (if applicable); alcohol and drugs; driver's records of duty status as required; hours of service; seatbelts; vehicle inspection report(s) (if applicable); brake systems; coupling devices; exhaust systems; frames; fuel systems; lighting devices (headlamps, tail lamps, stop lamps, turn signals, and lamps/flags on projecting loads); securement of cargo; steering mechanisms; suspensions; tires; van and open-top trailer bodies; wheels, rims, and hubs; windshield wipers; emergency exits and/or electrical cables and systems in engine and battery compartments (buses); passenger vans or other passenger carrying vehicles, and Hazardous Material/Dangerous Good (HM/DG) requirements as applicable. HM/DG required inspection items will be inspected by certified HM/DG inspectors.

(k) "Level 5 safety inspection" means a vehicle-only inspection that includes each of the vehicle inspection items specified in Section 2, paragraph (j) without a driver being present.

(l) "Liability insurance coverage" includes:

(i) "Cargo coverage" which provides protection against all risks of physical loss or damage to freight from any external cause.

(ii) "Garage keeper's liability" which protects against liability for damage to vehicles in a garage keeper's care, custody, or control.

(iii) "On-hook coverage" which usually pays to repair or replace a vehicle that the towing company did not own if it is damaged by a collision, fire, theft, explosion, or vandalism while it is being towed or hauled.

(iv) "Vehicle liability" which pays for damages due to bodily injury and property damage to others for which the towing company is responsible.

(m) "Manual" means the Wyoming Highway Patrol Rotational Tow and Recovery Policies and Procedures Operational Manual.

(n) "Rotational list" means a list of approved towing companies maintained by the WHP on a rotating basis to tow vehicles.

(o) "TAB" means the Towing Advisory Board.

(p) "Tow carrier" means any person, firm, or corporation engaged in the business of offering towing and recovery services by use of a tow truck and storage facility.

(q) "Tow and recovery program coordinator (TRPC)" means the primary administrator of the rotational list whose primary duties include, but are not limited to, reviewing and approving applications for acceptance on the rotational list, inspecting towing companies' vehicles and equipment, responding to questions concerning the rotational list, and participating on the TAB and the DRC. In the event the TRPC is not available, the above responsibilities shall be the duty of the division lieutenant or a designee.

(r) "WHP" means the Wyoming Highway Patrol.

(s) "WHP website" means http://www.whp.dot.state.wy.us/home.html.

Section 3. Statement of Intent.

(a) It shall be the policy of WHP to create a rotational list of tow carriers who meet or exceed standards prescribed in this manual under the rules and regulations of WYDOT. The TRPC shall have the authority and responsibility to oversee all completed inspections on each tow carrier business and equipment and also to make sure each driver is qualified before authorization is given to be placed on the rotational list. Only vehicles passing the tow truck inspection will be placed on the rotational list. Absent a vehicle owner's request for a specific tow carrier, only those tow carriers whose equipment, drivers, procedures, and services conform to the following procedures and standards will be utilized by the WHP. These measures ensure the following for the citizens, who utilize the highways in the State of Wyoming:

(i) That each and every tow carrier is reputable, reliable, and possesses adequate equipment and qualified employees;

(ii) That each tow carrier is properly licensed and insured; and

(iii) That each tow carrier charges a fair and reasonable rate for services rendered.

(b) The WHP shall allow any qualified tow carrier to submit an application for consideration to participate on the rotational list, as determined by this manual. By submitting an application to be placed on the rotational list, each tow carrier agrees and understands that the policies, procedures, and standards within this manual shall strictly govern its initial and continuing position on the rotational list.

(c) The rotational list is strictly voluntary, and a tow carrier may remove its name at any time by contacting the TRPC or respective division lieutenant.

(d) Noncompliance by tow carriers, owners, employees, or towing vehicles may result in the immediate removal from the rotational list by the TRPC until compliance is met and verified.

(e) The WHP executive command staff shall be the final authority on all policies, procedures, and standards governed by this manual.

(f) The efficient and safe removal of vehicles from the highways throughout the state when such removal becomes necessary is an important concern of WHP.

(g) It is equally important to provide this service in a fair and reasonable fashion to the motoring public, especially those who are unable to actively remove their vehicles and property from the state highway system after an incident.

(h) Guidelines are established in order to ensure certain standards are maintained by tow carriers on the rotational list and those tow carriers who meet those standards receive reasonable opportunity to provide such service.

(i) These established guidelines ensure the motoring public is treated equitably, fairly, and consistently by tow and recovery companies who are working in concert with the WHP to keep the highway system clear of disabled vehicles.

(j) As a service to the motoring public, the WHP will maintain a current list of tow carriers in each general division area on a rotational basis. The TRPC will supply the WHP Communications Center with an accurate and updated rotational list for each respective division.

(k) It is crucial that the relationship between the WHP and tow carriers on the rotational list is founded upon a common goal of safely and efficiently clearing the highway system of disabled vehicles. Public trust must be maintained while this goal is met.

(l) The working relationship that exists between the WHP and tow carriers can create the impression that tow carriers are part of the WHP. Tow carriers are not a part of the WHP. Tow carriers who work with the WHP, and who are included on the rotational list, shall not conduct business in any fashion that discredits or adversely affects the WHP.

Section 4. Application Process.

(a) The annual inspection process runs from January 1 to June 30 annually, which will be conducted by the division lieutenant. It is the responsibility of each tow carrier to provide accurate forms by email, mail, fax, or hand delivery to the TRPC or Level 1 inspector prior to the beginning of the inspection period.

(b) Each year thereafter, tow carriers desiring to remain on the rotational list shall resubmit ALL forms in the same manner listed below in Section 4, paragraph (i). The forms shall be updated to reflect current information as it exists at the time of the annual inspection.

(c) A tow carrier shall be in business for a minimum of one year within the rotational area requested prior to being eligible to operate on the rotational list. A tow carrier currently operating on the rotational list that is sold would be eligible to apply for a position within that specific call-out area if in compliance with all applicable requirements.

(d) No tow carrier will be considered for a position on the small rotational list if their sole equipment listed on their rotation application is a rollback wrecker. A small wrecker, Class A, is required.

(e) Tow carriers shall have a minimum of two Class C wreckers to be considered for the large rotation. The division lieutenant and the TRPC may grant exceptions based on geographical area, the average number of large rotational calls, and the number of tow recovery carriers who operate on that specific large rotation.

(f) Tow carriers shall provide proof of their current Wyoming operating authority for inspection. Information on obtaining Wyoming operating authority can be found on the WHP website.

(g) Tow carriers shall provide a copy of the business's Vehicle Storage and Disposal Facility License. This can be provided on the T/R-5 form.

(h) Tow carriers shall read, review, and comply with this manual, and the WYDOT Rules and Regulations, Motor Carrier Program Rules.

(i) Tow carriers will provide the following documents prior to the start of the business inspection with the required information completed. These forms are available on the WHP website.

(i) Tow Truck Fact Sheet (T/R-1);

(ii) Driver Information (T/R-2);

(iii) Equipment Information (T/R-3);

(iv) Tow Truck Inspection (T/R-4);

(v) Tow Truck Business Inspection (T/R-5);

(vi) Rotational List Signed Guidelines (T/R-6); and

(vii) Rotational Fee Schedule (T/R-7).

(j) Failure to provide true and accurate information on all forms may result in disciplinary action or denial from operating on the rotational list.

(k) Tow trucks that are required to undergo a Commercial Vehicle Safety Alliance (CVSA) level 1 or 5, may have a decal affixed by a certified Level 1 inspector. Proper disbursement, logging, and accountability of these decals is based on the CVSA requirements.

(l) Following the CVSA safety inspection, the equipment standards must be met as outlined on the T/R-4 form. Upon successful completion of the T/R-4 form, an approved WHP decal will be affixed either above or below the driver's side door handle indicating a successful inspection. The decal will indicate the date of the inspection, class, and vehicle identification number (VIN) of the tow truck.

(m) If a tow truck displays a valid CVSA decal that was issued within ninety (90) days, another CVSA inspection is not required. The inspection number shall be put on the T/R-4 form.

(n) A WHP member will conduct a business inspection using the T/R-5 form upon initial acceptance on the rotational list and upon any changes to the business address.

(o) All paperwork will be forwarded to the TRPC for final inspection for accuracy and consistency. If discrepancies are found in the paperwork, the TRPC will make the proper notifications to ensure the paperwork is rectified.

(p) All completed inspection paperwork will be placed in the company file in the commercial carrier section. Copies of successful vehicle inspections will be sent to the Regulatory Section and to the Compliance and Investigation Section of the Department.

(q) Each T/R-1 will be sent to the WHP Communications Center in Cheyenne upon satisfactory completion to ensure the tow carrier's position on the rotational list.

(r) A rotational fee schedule T/R-7 submitted by a tow carrier shall not be used until approval documentation has been given to the tow carrier by the TRPC.

Section 5. Rates.

(a) Tow carriers shall furnish the WHP with a current and accurate list of charges for various services and agree to present revisions thereof upon any change of rates prior to the implementation of the rate change. The provided T/R-7 form shall be used and be in compliance with Section 5 of this manual. Fees charged shall be fair and reasonable as compared to the industry.

(b) Fees shall not be excessive and shall match similar invoices for calls originated outside of the rotational list.

(i) Fairness is based on other rates and charges rendered for similar services.

(ii) Reasonableness is based on accepted fee schedules, posted rates, possible quotes, invoices, and other documentation of rates.

(c) No additional rate of charge may be applied to any incident simply because the call was initiated from the rotational list. Examples of such prohibited charges would include law enforcement call-out or emergency call-out (when non-rotational calls would not also be subject to the emergency call-out fee).

(d) A call during normal business hours is not considered an emergency call-out.

(e) No reference, actual or implied, to the rate of charge being related to the WHP rotational list or to law enforcement call-outs in general shall be made verbally or in written form when billing or negotiating payment for services, or at any other time during which the tow and recovery carrier or its representative is dealing with the public.

(f) Services not actually performed by a tow and recovery carrier shall not be charged if the services were provided by another entity such as WYDOT, law enforcement, fire department, or others. Services rendered by another entity may include, but not be limited to, traffic control and hazardous material clean up.

(g) No reference, actual or implied, shall be made that gives the impression that the WHP receives any financial gain, or maintains any business relationship with, the tow and recovery carrier providing the service.

(h) It shall be a violation for any tow carrier to charge an excessive towing, recovery, storage, or other services rate.

(i) Utilizing a minimum weight for any class of vehicle or combination of vehicles is not accurate. A certified weight slip from a port-of-entry, WYDOT scale, bill of lading reflecting current cargo, or other document providing an actual weight of the vehicle or combination of vehicles shall be utilized if the actual weight is unknown from the driver or company. A vehicle or combination of vehicles without cargo shall be charged for its actual weight and not using the GVWR or the GCVWR if provided on the T/R-7 form by the carrier.

(j) Administrative fees shall be fair and reasonable when applied to any type of call.

(k) Storage fees shall be in accordance with the fee schedule provided to the WHP by the tow and recovery carrier and in accordance with Section 11 of this manual.

(l) Tow carriers should have the ability to accept all forms of payment roadside to include credit card, debit card, COMcheck, and cash. If a tow carrier is unable to accept any of these payment options roadside, no additional rate of charge shall be applied to the customer when one of these payment options is requested by the customer roadside. No additional rates shall be applied to obtain payment elsewhere if not collected on scene.

(m) A tow carrier shall have the ability to accept multiple payment options either by credit card, debit card, COMcheck, or cash at the business facility. If a payment option or vehicle availability to a customer is unavailable, no additional rate of charge shall be applied once the services are completed and a request has been made by the customer.

(n) When called from the rotational list, a tow carrier shall include a minimum of the following on each invoice or on an additional sheet of paper:

(i) The name, address, and telephone number of the tow carrier and the name of the individual or entity who requested the service;

(ii) The date and time that the request for service was received, time of arrival, and location;

(iii) The place to which the towed vehicle was transported and the time that it arrived there;

(iv) Mileage to the scene (if applicable) and mileage from the scene to the storage facility;

(v) The date and time the vehicle was placed into an inside or outside storage facility and the date and time it was released (if applicable);

(vi) An itemization of the charges for towing, recovery, storage, and other services rendered;

(vii) The make, model, year, VIN, and, if available, the license plate for the vehicle being towed; and

(viii) A notation that, if a customer has questions or concerns regarding charges, a complaint may be filed using the WHP website.

Section 6. Tow Truck Requirements.

(a) No tow truck may be stationed and/or used in more than one rotational area.

(b) No tow truck may be used, regardless of the situation, by more than one tow carrier without first requesting permission from the WHP prior to each call.

(c) Every tow truck shall be presentable, have a professional appearance, and must be in compliance with all applicable state and federal requirements.

(d) The place of the tow truck inspection must be either asphalt or concrete to allow for movement of the inspector under the tow truck.

(e) The Department hereby incorporates by reference the following uniform regulations:

(i) CVSA 49 CFR Chapter 3, Subchapter B, Appendix G, as the standard for safety equipment (Level 1 or 5) on tow and recovery vehicles with a minimum GVWR of 26,001 pounds (intrastate) or a minimum GVWR of 10,001 pounds (interstate). Adopted by the Department and effective as of May 9, 2022, found electronically at https://www.govinfo.gov/app/details/CFR-2011-title49-vol5/CFR-2011-title49-vol5-subtitleB-chapIII-subchapB-appG/context;

(ii) The Department has determined that incorporation of the full text in these rules would be cumbersome or inefficient given the length or nature of the regulations;

(iii) The incorporation by reference does not include any later amendments or editions of the incorporated matter beyond the applicable date identified in subsection (e)(i) of this section; and

(iv) The incorporated regulations are maintained at WYDOT, 3001 Bishop Boulevard, Cheyenne, Wyoming and are available for the public inspection and copying, at no cost to the public, at the same location.

(f) If the CVSA inspection identifies a defect of any type, the operator is entitled to request a second inspection by another inspector.

(i) If the inspection identifies a non-safety-related defect or deficiency, the operator will be informed of the defect or deficiency and requested to correct it. Failure to correct the defect or deficiency within thirty (30) days of the notice will result in suspension from the WHP rotational towing system until the defect or deficiency is corrected.

(ii) If the inspection identifies a safety-related defect or deficiency, the tow truck will be immediately taken out of service. The tow truck cannot be used until the re-inspection confirms that the defect or deficiency has been corrected.

(iii) If either the inspection form or certification decal is lost, removed, rendered unreadable, or destroyed, the operator must immediately notify the TRPC. The inspection process will be verified before a new certification decal is given.

(g) Should a tow truck respond to a WHP initiated service call with an out-of-service violation, the towing company shall not be permitted to perform services, and the towing vehicle shall be placed out of service. The tow carrier will be moved to the bottom of the rotational list and not be compensated for the call. The next scheduled tow carrier on the rotational list shall be contacted by the WHP Communications Center.

(h) A tow carrier on the rotational list that would like to introduce a new truck to the rotation must first receive a safety inspection. The T/R-1, T/R-3, and T/R-4 forms must also be completed.

(i) In the event a non-approved tow truck arrives at a scene, that tow carrier will be denied the call and moved to the bottom of the rotational list receiving no compensation for the response. The next tow carrier on the rotational list will be called.

(j) A tow truck not meeting the requirements as set forth within this manual will not be allowed to respond to calls originating from the WHP rotational system.

(k) A copy of the most recent T/R-2 and T/R-4 shall be kept in the corresponding tow truck and shall be shown at the request of any WHP member.

(l) All tow trucks must operate in compliance with, and are subject to, all applicable federal and state commercial vehicle statutes, traffic laws, and rules and regulations.

(m) The WHP has statutory authority to spot check any tow truck for registration, fuel licensing, letter of operating authority, weight violations, and commercial vehicle/driver inspections.

(n) If required by state statutes, tow trucks shall stop at Wyoming ports-of-entry.

Section 7. Required Equipment for Tow Trucks.

(a) Equipment requirements must be in accordance with Chapter 1, Section 6(b)(i) through 6(d)(viii).

(b) Sirens on towing vehicles are prohibited per W.S. 31-5-952(d).

(c) The tow carrier's name, city, phone number, and USDOT number must be visible and legible from 50 feet. It shall be painted or permanently affixed in a conspicuous place on both sides of the towing vehicle. Magnetic or stick-on signs will not be permitted.

(d) Additional Required Equipment:

(i) Minimum of three flags, triangles, or other approved warning devices;

(ii) Minimum of one, 5-pound dry chemical fire extinguisher or equivalent;

(iii) Clearance lights on the front of the vehicle;

(iv) Extension cord or other device to illuminate stop/turn/taillights on the towed unit;

(v) One shovel and one broom;

(vi) Two-way radio, mobile, or cellular phone;

(vii) Steering wheel clamp or equivalent;

(viii) Other equipment as outlined on the T/R-4 form; and

(ix) Every tow truck shall have a manufacturer data plate affixed or a wrecker manual outlining the safety ratings.

Section 8. Driver Requirements.

(a) The TRPC will maintain a copy of all required training in the tow company's file. All applicable training can be found on the WHP website.

(b) Effective January 1, 2023, all tow truck drivers shall provide certification they have successfully completed Traffic Incident Management (TIM) training in accordance with the Federal Highway Administration. It is the responsibility of the tow carrier to ensure each driver has attended this training prior to responding to any calls on the WHP rotational list.

(i) TIM recertification training will be required every three years, and the certificate of completion shall be provided to the TRPC.

(c) All towing carrier drivers shall have one of the following requirements prior to being eligible for the rotational list and responding to any rotational call:

(i) Documentation certifying the tow truck operator has a minimum of one year for light duty or;

(ii) Three years for heavy duty experience or;

(iii) Completion of a nationally accredited program. These can be found on the WHP website or their respective website:

(A) Towing and Recovery Associations of America, online based.

(B) Wreckmaster, which provides classroom, hands on, and online training; or

(iv) The TRPC may determine training that is not specifically listed under paragraph (c) of this section is acceptable in accordance with Occupational Safety and Health Administration requirements. The tow truck driver is required to provide applicable information regarding this training to the TRPC prior to a decision being made. This includes, but is not limited to, course outline, training documents, training hours, and completion certificate.

(d) All tow carrier drivers shall have a good working knowledge of the equipment and tow trucks they operate in order to successfully complete all required tasks.

(e) All employees on a scene shall wear a high visibility traffic vest, shirt, or coat in accordance with American National Standards Institute and federal CFR, Title 23, Highways, Chapter 1, Federal Highway Administration, Department of Transportation, Part 634, Worker Visibility.

(f) All personnel, while performing their duties on a scene, shall wear acceptable and appropriate clothing to perform the necessary tasks, and the clothing shall identify the company.

(g) If an operator responds to a WHP initiated call and violates this section, they would be required to leave the scene, subsequently lose that rotational call-out, and be placed on the bottom of the rotational list.

Section 9. Insurance.

(a) Each tow carrier shall maintain insurance policies for the minimum amounts set forth in this section. The insurance policies shall be in the name of the tow carrier and shall include coverage for towing and storage. The policies shall be valid for at least twelve (12) months.

(b) A certificate of insurance shall be filed with the WHP before a tow carrier is placed on the rotational list. Certificates of insurance must be itemized to indicate amounts of vehicle liability coverage, garage keeper's liability coverage, on-hook coverage, and cargo coverage. The policies shall also disclose all towing vehicles covered. Nothing shall preclude a tow carrier from obtaining coverage in excess of these amounts.

(c) Liability coverage must be equal to or greater than the minimum amounts below. Insurance coverage may be provided in a single policy or separate split policies. Regardless of the type of policy or policies, the total amount of coverage must equal those amounts listed below—per incident, per the requirements under Wyoming operating authority.

(i) Minimum vehicle liability coverage:

(A) Classes A, B, C, and R: $750,000

(ii) Minimum on-hook and cargo coverage:

(A) Class A and R: $75,000

(B) Class B: $150,000

(iii) Minimum garage keeper's liability coverage:

(A) Class A and R: $75,000

(B) Class B: $150,000

(d) Exception: An Umbrella policy is acceptable as long as it covers the above listed categories (vehicle liability, garage keeper's liability, on-hook, and cargo liability) and the amount of coverage is the same or greater than the total of each category's coverage added together.

Section 10. Business Requirements.

(a) The TRPC or the rotational area lieutenant will assign each tow carrier to a specific rotational area. Each tow carrier will only be allowed to respond to rotational calls within their designated area unless given prior authorization by a member of the WHP.

(b) Any changes to a rotational boundary for which a tow carrier resides and works will rest upon the lieutenant who oversees that rotational area along with the TRPC.

(i) If the request is granted, notification shall be made to the following:

(A) WHP Communication Center,

(B) Rotational area lieutenant, or

(c) A tow carrier shall be listed only once on each rotational list and only in the name under which it is qualified to conduct business in this state.

(d) The WHP prohibits a tow carrier conducting business at one location from receiving multiple listings on that divisional rotational list by using a different or fictitious name or address.

(e) It is prohibited for one or more tow carriers, owned in whole or in part by the same individual, partnership, or Parent Corporation to be qualified to participate on the same rotational call out area.

(f) No tow carrier owner shall have a vested interest in another tow carrier within the same rotational area. Only one tow carrier is allowed per rotational area if owned by the same individual or corporation.

(g) Each tow carrier shall be completely independent of any other tow carrier within that same rotational area. For the purpose of these guidelines, a tow and recovery company is defined by a unique operating authority, phone number(s) for rotational call-out purposes, an actual physical business address, business facility from any another tow and recovery company, mailing address, business license, insurance policy, storage facility, EIN filing number, and own towing equipment.

(h) A tow carrier shall not rely upon any other tow carrier for assistance with normal day-to-day functions.

(i) An actual business office shall be located at the physical address that is used for the business facility on the application forms.

(j) Each tow carrier shall be domiciled in Wyoming.

(k) In counties where there are multiple divisional boundaries, a tow carrier may be listed in each division if the towing company has distinctly separate storage facilities within the division and separate and distinct equipment and business offices located within each division. The storage facilities and equipment shall meet the standards set forth in this manual.

(l) A tow carrier shall display a plainly visible sign with the carrier's name and phone number outside the business facility for customers to see. The sign shall be plainly visible and legible from the street and have a professional appearance.

(m) Tow carriers who are requesting a position on the rotational list shall not operate on a seasonal or part time fashion, and shall be available on a year round basis.

(n) Towed vehicles shall be accessible to customers and WHP members between the hours of 8 a.m. and 5 p.m. Monday through Friday, excluding state recognized holidays. In the event a tow carrier is unable to release a vehicle during the hours specified above when a reasonable attempt has been made by the customer, storage fees shall not be assessed after that attempt.

(o) If the current tow and storage rates are not posted within the business facility, the company must be able to provide the current rates when requested by a customer.

(p) A chronological record of services rendered as a result of calls initiated by the WHP rotation shall be maintained for a minimum of two years. This will assist in ensuring all disputed invoices are in proper compliance with the fee schedule provided to the WHP by the tow and recovery carrier.

(q) Tow carriers must own or lease the towing equipment in the performance of its towing services, and the equipment must be registered to the company. The tow carrier must notify the TRPC if a tow truck is sold. The seller must remove the tow truck's certification decal from the door, and it shall be destroyed. The tow truck is not qualified to be used on rotational calls until it has passed an inspection conducted by the WHP.

(r) Tow carriers must employ drivers who possess a valid Wyoming driver's license pursuant to W.S. 31-7-106, unless exempt by W.S. 31-7-107.

(s) All drivers who operate tow trucks with a GVWR of 26,001 pounds (intrastate) or over 10,000 pounds (interstate) as set forth in W.S. 31-7-304, shall possess a current commercial driver's license for the class of vehicle(s) operated.

(t) Prior to the time of the initial application, governed by the provisions of this manual, criminal history background checks on all employees who will have access to any towed vehicle shall be furnished to the WHP. Alternatively, an employee's valid Wyoming concealed firearm permit may be submitted to WHP as proof of a cleared background check. This process will be required every three years after completion of the initial criminal history background check or after initial submission of a valid Wyoming concealed firearm permit. However, any time new drivers are hired or re-hired, they shall provide either their valid Wyoming concealed firearm permit or submit their fingerprints in accordance with the below procedures:

(i) Obtain instructions on the WHP website prior to filling out the blue applicant fingerprint card in order for proper return and acceptance; and

(ii) Contact a local law enforcement agency to schedule a time for a criminal history background check to be completed. Make sure a blue fingerprint card is available at the local law enforcement agency for the scheduled time. A charge may be applied by some agencies to conduct the fingerprints.

(u) Send the fingerprint card along with the required fee using a certified check or money order to the Division of Criminal Investigation. The address can be obtained on the WHP website.

(v) The individual who had the criminal history background check completed shall provide the results to the TRPC, who will place the results in the towing company's file for each driver and anyone who has access to stored vehicles.

(w) All criminal history background checks shall be completed and furnished to the WHP prior to a driver being accepted on the T/R-2 form.

(x) The TRPC shall maintain all criminal history background checks in the towing company's file. All files are to be placed in a secure area that is not accessible to the public, pursuant to National Crime Information Center regulations.

(y) If an employee is found to have a driver's license that is revoked, suspended, or canceled, the TRPC shall notify the tow carrier in writing by email, mail, fax, or hand delivery. The tow carrier shall not permit such an employee to drive any towing vehicle for any reason until that employee has satisfied all legal reinstatement requirements for the license. The tow carrier owner and employee may both be subject to criminal charges if the employee is allowed to drive under these circumstances.

(z) The tow carrier shall maintain an up-to-date driver file for each driver and ensure that each driver's license remains valid.

(aa) If a driver is employed by more than one tow carrier, each tow carrier shall maintain an independent and separate driver file on the driver. In these cases, the driver is only required to submit the results of a criminal history background check one time.

(bb) Tow carriers must notify the TRPC by email, mail, fax, or hand delivery (in writing), of any of the following within 5 business days:

(i) The tow carrier shall submit all new T/R forms to the TRPC when there is a change in ownership. Failure to comply will result in a removal from the rotation;

(ii) The tow carrier shall submit an updated T/R-2 form to the TRPC to reflect any changes to tow truck drivers; or

(iii) Any actions committed by a driver, which would cause their driver's license to be suspended, revoked, or canceled.

(cc) Criminal Convictions and Charges:

(i) A tow carrier owner or driver will not be allowed to participate on the rotational list if convicted of one of the following crimes: burglary, robbery, murder, manslaughter, assault, arson, domestic violence, child abuse, sex crimes, larceny, property crimes, fraud, forgery/counterfeit, eluding, human trafficking, driving while under the influence, controlled substance, or other crimes involving violence, theft, or dishonesty, within the past 10 years.

(ii) If a criminal history background check or other information received by the WHP indicates that a tow carrier owner or driver has been convicted of a felony within the past 10 years that the WHP determines might compromise public safety and security, such owner or driver shall not be approved for the rotational list and shall be notified of such determination by the TRPC.

(iii) If an owner or operator is convicted of a crime listed within this section after a background check was completed, notification must be made to the TRPC within 10 days of the conviction. A failure to disclose the conviction will be a cause for the owner or operator to be removed from operating on the rotational list.

(iv) For the purposes of this manual, a conviction includes any of the following:

(A) An unvacated adjudication of guilt or a determination of a violation in a court of original jurisdiction or an administrative proceeding;

(B) An unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court;

(D) The payment of a fine or court cost; or

(E) Violation of a condition of release without bail, regardless of whether the penalty is rebated, suspended, or probated.

(v) The WHP has the right to remove the tow carrier or driver from the rotational list upon receiving notification of the felony charge(s) or conviction. Such notification shall be made by email, mail, fax, or hand delivery (in writing) by the TRPC within 10 days of being arrested or charged.

(dd) No operator, employee, or individual used by a tow carrier in a non-consensual tow and recovery operation shall be a member or affiliate of any federally identified criminal organization.

(ee) Tow carriers shall not be permitted to take any vehicle towed at the WHP's request to a storage lot other than the storage lot provided by the tow carrier unless otherwise authorized by the investigating WHP member.

(ff) All tow carrier owners and drivers are expected to know, and shall comply with, all applicable federal/state regulations and traffic laws of Wyoming.

(gg) A tow carrier shall not perform repair work on a towed vehicle without first having obtained the owner's written consent.

(hh) A tow carrier shall transport a towed vehicle to any location requested by the owner/operator after a mutual agreement for payment/payment terms for the services rendered by the towing company is finalized.

(ii) In accordance with W.S. 31-13-112, personal property shall be released to the owner/designee upon their request, unless the WHP member orders otherwise. Personal property is defined as anything not physically attached or mounted to the towed vehicle. Such items may include, but shall not be limited to, clothing articles, tools, and personal items contained in glove boxes or consoles. The tow carrier shall not charge for releasing personal property during normal business hours. This does not apply to anything that is considered part of the vehicle or the contracted load/cargo.

(jj) Any time personal property, cargo, or a vehicle, which has previously been towed, is released to the owner/designee by the towing carrier, the date and time of the release shall be noted on the original bill/receipt, and a copy shall be kept on file at the towing carriers storage facility.

Section 11. Storage Facility Requirements.

(a) Tow carriers shall be equipped to provide adequate storage for the proper safety and security of all vehicles towed at the request of the WHP.

(b) If a storage facility is not adjoined to the tow carrier's place of business, the tow carrier's storage facility shall be identified with a highly visible sign containing the tow carrier's name and phone number. Tow carriers shall comply with the Vehicle Storage and Disposal Facility License requirements.

(c) The place of business, storage facility, and equipment shall be located within the tow carrier's approved rotational area.

(d) Vehicles towed at the request of the WHP shall be stored in a secure storage facility. The requirements as set forth by the Vehicle Storage and Disposal Facility License must be met.

(e) When a Hold Order is placed on a towed vehicle by a WHP member, the vehicle shall be placed in an area of the storage facility that is not accessible to the general public until such time that a WHP member releases the Hold Order on the towed vehicle. The member that requested the Hold Order or immediate supervisor will be the one to release it. When Hold Orders are released, a Vehicle Impound Form P-18(f) shall be completed. To assure adequate compensation, the towed vehicle will be released to the tow carrier unless already compensated for services.

Section 12. Call-Out Procedures and Standards.

(a) The rotational call-out system will operate in the following manner. When the need for a tow carrier is determined by the WHP, a tow carrier will be requested through the WHP Communications Center utilizing the rotational list unless a specific tow carrier is requested.

(b) A trooper shall not request a tow truck until on scene or until communication with the driver has been made without exigent circumstances. This will ensure no unnecessary equipment or time delays for the proper equipment to arrive safely on scene. The trooper will relay all pertinent information to the WHP Communication Center to include, but be not limited to, the vehicle make, model, year, where the vehicle(s) are located, and if any special equipment is necessary.

(c) All tow carriers operating on a rotational list are expected to respond to all calls for service when requested by the WHP Communication Center. In the event a tow carrier does not respond, it will result in missing a turn on rotation. This may result in disciplinary action unless extreme circumstances exist.

(d) A special request for a specific tow carrier shall be honored unless:

(i) The requested tow carrier cannot or does not respond in a reasonable time, as determined by a WHP member; or

(ii) The vehicle to be towed poses an immediate traffic hazard, as determined by a WHP member.

(e) A special request will not affect the tow carrier's position on the rotational list, and a company need not be on the rotational list to be called as a special request.

(f) If a request for a tow carrier is made by another law enforcement agency, that information shall be given to the WHP Communication Center to ensure no other arrangements have been made.

(g) Upon a special request, the tow carrier does not have to be a tow carrier who operates on the rotational list.

(h) The WHP Communications Center will maintain a record log of all requests for tow carriers. This log will include, but will not be limited to, rotational request, personal request, no-answer, turn-down, tow carrier informing the WHP of a vehicle retrieval request they received, and anything else that warrants a log concerning a tow carrier.

(i) Whenever reasonable to do so, the motorist needing assistance will be asked by a member of the WHP if they have a preference for a specific tow carrier. If the vehicle is owned by a company and the driver is unsure, as to the company's preference, an effort by the WHP Communications Center shall be made to contact the respective company. If no preference is articulated, the next tow carrier on the rotational list will be called. If that tow carrier does not respond, then the next tow carrier on the rotational list will be called, and so on.

(j) A no-answer or turn-down response to a call will be considered a missed turn on the rotational list, and the tow carrier for that particular call will be moved to the bottom of the rotational list as if it had responded to the call.

(k) When the WHP calls a tow carrier on the rotational list and receives a busy signal, the dispatcher will wait a minimum of two minutes and then attempt a second call. If the line is still busy on the second call, the call will be considered a no-answer or turn-down call, and the tow carrier will be moved to the bottom of the rotational list.

(l) Tow carriers utilizing answering services, answering machines, or voicemail services must confirm acceptance of the call within two minutes by calling the WHP Communications Center. Failure to do so will be considered a missed turn on the rotational list, and the tow carrier will be moved to the bottom of the rotational list. In the event there are exigent circumstances surrounding the removal of a vehicle due to road blockage or adverse weather conditions, the two-minute wait may be waived to expedite a tow carrier's response. If this takes place, the tow carrier will lose their turn and will be placed on the bottom of the rotational list.

(m) The WHP may determine that certain circumstances warrant the use of a tow carrier closest to an emergency, rather than the tow carrier next on the rotational list. In these circumstances, the special request made by the WHP shall not affect the tow carrier's position on the rotational list. A tow carrier need not be on the rotational list to be called as a special request. This will also supersede any special request made by the motoring public as a matter of public safety.

(n) The WHP will maintain separate rotational lists for specific classes of tow trucks (small, large, AAA, and abandoned). If the local Sheriff's Department maintains the abandoned vehicle rotational list for a given area, the WHP Communications Center will document when vehicles are removed utilizing the Sheriff's rotational list.

(o) If emergency services are being performed at the scene and the immediate use of a tow truck is not required, WHP members should not request a tow truck until all other services have been performed and are completed. In the event a lengthy response time would be required due to the location, then a request prior to these services being performed is acceptable.

(p) A tow carrier on the rotational list may have no more than two telephone numbers for call-out purposes, and those two numbers shall be listed with the WHP as primary and secondary numbers. Any change in telephone number must be reported immediately to the WHP Communications Center.

(q) Any tow carriers on the rotational list, before responding to any call for service on a state highway and not dispatched originally by WHP, shall call the WHP Communications Center at 1-800-442-9090 or (307) 777-4321 and inform the center of the location of the intended response and of any other pertinent information regarding the nature of the call. If the WHP has already dispatched from the rotational list to that particular call, the WHP dispatched tow carrier will be given first preference on the call.

(r) No tow carrier on the rotational list shall solicit or retrieve any vehicle for which another tow carrier has already been called.

(s) All tow carriers are strictly prohibited from "chasing" or "running" of any crashes or breakdowns.

(t) No tow carrier shall stop at the scene of a crash, disabled, or unattended vehicle for the purposes of soliciting business, either directly or indirectly, unless the owner or operator of said vehicle has specifically summoned the tow carrier or its employees or agents to such a scene for towing or recovery purposes. Cruising highways for direct or indirect compensation is prohibited.

(u) No tow carrier shall use any information obtained over a police monitoring device for the purposes of soliciting tow services.

(v) If a tow carrier, currently on the rotational list, arrives at a scene and has received no call from the WHP or from the owner of the vehicle that requires towing, the tow carrier shall be investigated as set forth in this manual. The trooper on the scene shall notify the TRPC and the trooper's chain of command with the applicable information.

(w) If a tow carrier will be out of service for an extended period of time, seven days or longer, they must request to be removed from the rotational list. This request to be removed from the rotational list must be made by calling the WHP Communications Center. The TRPC must reinstate a tow carrier when the Tow Carrier requests to be placed back on the rotation and is qualified.

(x) When called from the rotational list, tow carriers shall provide the WHP with their estimated time of arrival to the incident in minutes. The WHP employee requesting the rotational list tow and recovery carrier may, based upon the circumstances of the incident, determine the predicted response time is too lengthy and may opt for calling the next rotational list tow carriers. If this occurs, the original tow carrier called will be moved to the bottom of the rotational list.

(y) When a recovery operation interferes with the normal flow of traffic on a street or highway, appropriate measures must be taken to provide sufficient warning to the motoring public and sufficient traffic control, so the recovery can be completed in a safe and efficient manner. The WHP will assist with traffic control whenever reasonable and practical, however, other duties may preclude assistance.

(z) The Department hereby incorporates by reference the following uniform rules:

(i) The Manual on Uniform Traffic Control Devices Part 6, adopted by the Department and effective on December 1, 2009, found electronically at mutcd.fhwa.dot.gov. The uniform rules for traffic control adopted by the Department shall govern all traffic control requirements.

(ii) The Department has determined that incorporation of the full text in these rules would be cumbersome or inefficient given the length or nature of the rules;

(iii) The incorporation by reference does not include any later amendments or editions of the incorporated matter beyond the applicable date identified in subsection (z)(1) of this section; and

(iv) The incorporated rules are maintained at WYDOT, 5300 Bishop Boulevard, Cheyenne, Wyoming and are available for the public inspection and copying, at no cost to the public, at the same location.

(aa) In order for a tow carrier to charge for traffic control or traffic diversion, it must meet the requirements as set forth above.

(bb) Tow carriers shall not transfer a rotational list call-out to another tow carrier. Tow carriers shall not subcontract another tow carrier for assistance when it is unnecessary. Subcontracting for difficult or problematic calls is allowed on a case-by-case basis with approval from the on scene trooper. The tow carrier originally receiving the call shall remain as the primary carrier for the call.

(cc) Ordinarily, only one tow truck shall be called to any incident. If additional equipment or recovery vehicles are needed to adequately complete a tow (such as a tractor-trailer, heavy equipment, additional wreckers, and so on), the severity of the situation and the estimated response time of additional equipment shall be weighed by the WHP member at the scene. The WHP member shall determine if additional assistance or equipment is required and if another tow carrier and equipment should be called that may have the ability to respond in a more timely fashion to open the roadway. If the tow carrier requests such assistance for additional equipment, and the WHP member grants the request, the WHP member shall note this through the WHP Communications Center.

(dd) In the event assistance is requested by an out-of-state tow carrier, they are subject to all the policies, procedures, and rules outlined herein. The final approval will be determined by the WHP.

(ee) A WHP member shall determine the towing vehicle class and other potential equipment required to safely tow a disabled vehicle, relay that determination to the WHP Communication Center, and the dispatcher shall relay that information to the next scheduled towing company on the rotational list.

(ff) If the first called tow carrier cannot remove the vehicle and does not have another tow truck that can perform the requested task, then the next scheduled tow carrier on the rotational list shall be called by the WHP. This is not a contracted job for either tow carrier, and the second tow carrier will get compensation for the service. The first called tow carrier shall not be paid for responding to the call and will be moved to the bottom of the rotational list. If the WHP member's initial determination of the tow truck required to remove the disabled vehicle is incorrect and the tow carrier responds but cannot perform the task because it does not have the required equipment, then the tow carrier will not be rotated to the bottom of the rotational list.

(gg) Under no circumstance shall a tow carrier be permitted to arrive at the scene without the required tow truck class and equipment and charge for two service calls in order to obtain the required equipment needed. Tow carriers shall not impede the recovery and removal time of a vehicle without the express approval of a WHP member in charge of the scene.

(hh) If severe weather prevents the removal or recovery of a vehicle that is not considered a hazard, the tow carrier shall notify the WHP Communications Center or the on-scene WHP member of when the vehicle will be removed. The tow carrier shall adequately mark the vehicle that is left with caution tape or something similar in nature. This will provide passing motorists with a visual sign alerting them the vehicle and occupants have already been attended to, hopefully reducing redundant calls and wasting resources.

(ii) If the recovery involves a commercial carrier and a load is compromised, the tow carrier shall notify the commercial carrier immediately. The request will determine if the tow carrier's presence on scene for safekeeping of the load is required.

(jj) No tow truck operator shall transport, or allow to be transported, any passengers in any vehicle being towed, recovered, or hauled by a wrecker, recovery vehicle, or rollback. Passengers from these vehicles are allowed to be transported in the tow and recovery vehicle. If an operator elects to have no passengers in the tow vehicle when sufficient space is available, no additional rate of charge shall be given. In instances like this, calling for a taxi or an additional tow vehicle to transport occupants is unacceptable. If the occupants outnumber the seating within the tow vehicle, other arrangements shall be made with applicable fees.

(kk) All tow carrier operations involving combination units shall be in compliance with W.S. 31-18-802 and W.S. 31-18-808.

(ll) Tow carriers are expressly prohibited from calling the WHP Communication Center or WHP member to determine their position on the rotational list. The tow carrier shall direct all administrative questions to the TRPC.

Section 13. Towing of Hazardous Vehicles.

(a) When a trooper locates a vehicle in a hazardous location, parked in violation of W.S. 31-5-504 or W.S. 31-5-505, the trooper will notify the WHP Communications Center of the following information: 1) location, 2) vehicle description, 3) license plate or VIN if no plate is present or invalid, and 4) nature of the hazard. The trooper will request the WHP Communications Center attempt to contact the registered owner and determine what arrangements have been made to remove the vehicle. If contact with the owner is not possible, the trooper should remove the vehicle pursuant to W.S. 31-5-508. A vehicle inventory form (P-22) will be completed.

(b) If the trooper is notified of the hazardous situation by a third party, it will be the trooper's responsibility to obtain the information required above and follow the same notification process of the owner prior to removal of the vehicle.

(c) In all situations where a hazardous vehicle was removed and the WHP Communications Center was unable to contact the owner (including removals originating from a third party as outlined above), a Notification Form addressed to the registered owner will be sent by the trooper who initiated or approved the tow with copies to their immediate supervisor and the Communications Center. A message left on an answering machine or voicemail is not a substitute for written notification. Notifications that are returned as "undeliverable" will be preserved and forwarded to the division lieutenant with copies to the support services officer, dispatch.

(d) It should be noted, W.S. 31-5-508 requires the vehicle to be "in a position or under circumstances which obstruct the normal movement of traffic." An abandoned vehicle parked alongside the roadway with an unobstructed width of the highway opposite the vehicle may not be a hazard. A vehicle parked after dark without park lights but not obstructing the normal flow of traffic may not, on its own, be a hazard. The formation of a snowdrift by a legally parked vehicle does not, by its own accord, constitute a hazard. (Once a vehicle has been designated as an abandoned vehicle by affixing the Abandoned Vehicle Notice, it must be removed pursuant to W.S. 31-13-104).

(e) Each individual situation should be addressed on its own merits and documented. Photographs, video, or diagrams documenting the hazard are encouraged.

Section 14. Demeanor and Conduct.

(a) While operating on the rotational list, all tow operators and/or employees shall refrain from any acts of misconduct including, but not limited to, any of the following:

(i) Rude or discourteous behavior;

(ii) Lack of service, selective service, or refusal to provide service that the operator is capable of performing;

(iii) Any act of sexual harassment or sexual impropriety;

(iv) Unsafe driving practices;

(v) Any acts of discrimination based on a protected group; and

(vi) Exhibiting any objective symptoms of alcohol or drug use.

(b) All operators of tow trucks, wreckers, and service vehicles shall submit to a preliminary alcohol or drug screening test upon a demand by the WHP if they have reasonable suspicion that an alcoholic beverage or controlled substance has been used by the operator.

Section 15. Complaints.

(a) The owner, operator, or insurer of a vehicle towed by a tow carrier operating on the rotational list may file a written complaint using the T/R-8 form. Once this form is complete, it will be sent to the TRPC who will forward all appropriate documentation to the DRC if the owner, operator, or insurer alleges that:

(i) The tow carrier charged an excessive towing, recovery, storage, or other services rate;

(ii) The tow carrier violated WYDOT rules and regulations; or

(iii) The tow carrier violated procedures of this manual.

(b) All complaints should contain:

(i) The name of the complainant;

(ii) The complainant's address, phone number, and email address;

(iii) The time and manner in which the complainant may be contacted;

(iv) The name of the tow and recovery carrier;

(v) The cause of the complaint;

(vi) Copies of any documents received from or correspondence with the tow and recovery carrier;

(vii) The names and phone numbers of any witnesses; and

(viii) Any other facts that may assist the DRC or WHP in investigating the complaint.

(c) Complaints must be signed and submitted in writing to the TRPC. This will be done by using the complaint form (T/R-8). The complaining party shall include the tow and recovery carrier for which the complaint is being filed against including a detailed description of the facts. The TRPC and the T/R-8 form may be found on the WHP website.

(i) All tow carriers shall cooperate with the TRPC and the DRC during all investigations in order to ensure a complete and thorough investigation is complete.

Section 16. Dispute Resolution Committee (DRC).

(a) All tow carrier complaints and invoice disputes will be reviewed by the DRC.

(b) The Commercial Carrier Section will appoint DRC members. The DRC will be comprised of five to eight members with no more than two members from each of the following:

(i) Tow carrier industry;

(ii) Trucking industry;

(iii) Insurance industry; and

(iv) WHP.

(c) Committee members will serve a 3-year term and may serve more than one term consecutively. There is no limit on the number of terms a representative may serve.

(d) If terms are not staggered and expire at the same time, there will be a transitional period of one month where the new member and the existing member serve together. This will ensure the committee is full at all times.

(e) The commercial carrier captain may at any point remove a member of the DRC for any reason. A candidate will be selected from the list of applications on file and, once appointed, would finish out the remainder of the term.

(f) The DRC shall meet as often as necessary, either in person or by teleconference, to review and resolve disputes or complaints.

(g) An annual meeting will be held by the DRC who will elect a chair presiding over the meetings and hearings. A vice chair will also be elected in case the chair is unable to be present.

(h) Each member serving on the DRC will receive a copy of the complaint with all supporting documents.

(i) A copy of the complaint will be sent to the tow carrier in an attempt to come to a resolution. The expectation is that the tow carrier and the complainant resolve the issues without having a complete and full investigation. A formal response of the resolution should be provided to the TRPC.

(j) If the tow carrier fails to respond within 20 days, beginning on the 21st day, the tow carrier shall be suspended from the rotational list. This will remain in effect until a response has been received by the TRPC.

(k) When the DRC receives a complaint or dispute, it shall:

(i) Set a date, time, and location in which the committee will hear the complaint and provide such information to all parties in the dispute;

(ii) Provide the complaining party an opportunity to address the DRC regarding the complaint;

(iii) Provide the responding party an opportunity to answer the complaining party;

(iv) Provide any other party an opportunity to address the DRC regarding the complaint;

(v) Provide any witness the committee deems relevant an opportunity to address the committee; and

(vi) Retain an audio or video recording of the hearing that may be copied or transcribed at the request of any person who pays the cost thereof.

(l) At the conclusion of the hearing, the DRC, having a majority, will provide a recommendation to the Colonel based on the factual basis of the dispute. The Colonel at the direction of the Director of WYDOT will make the final determination what action will be taken.

(m) DRC members will have access to other tow carrier invoices, statements made by both the tow carrier and the client. WHP evidence may include videos and photos of a crash scene when applicable, crash reports, trooper reports, and T/R-7 form to compare invoices to assure accuracy.

Section 17. Disciplinary Actions.

(a) Any tow carrier, while doing business as a part of the WHP non-consensual rotational system, that violates any state, local, or federal laws, this Manual, or any Department rule, or commits any act that is contrary to public safety, is subject to disciplinary action.

(b) A system has been established when disciplinary action is deemed appropriate and necessary. Violations are separated into two categories, minor and major, to ensure they are issued on an equal and fair basis.

(c) Violations not specifically listed below will be left to the discretion of the Colonel and/or the director of the Department.

(d) Regardless of the severity of any action taken, all letters will be kept indefinitely and do not expire.

(e) Minor violation penalties include:

(i) 1st offense: Written warning;

(ii) 2nd offense: 30-day suspension;

(iii) 3rd offense: 45-day suspension;

(iv) 4th offense: 90-day suspension;

(v) 5th offense: 1-year suspension; and

(vi) 6th offense: Permanent removal.

(f) Minor violations may include the following or similar conduct:

(i) A tow carrier calling the WHP to request position on rotation;

(ii) Vehicle or driver inspections not in vehicle;

(iii) Insurance lapse or improper coverage;

(iv) Tow truck driver arriving to scene without qualification on file;

(v) Giving an estimated time of arrival and not arriving at a reasonable time without informing the WHP Communications Center or on-scene trooper;

(vi) Rates not posted or available for customers within business;

(vii) Towing a vehicle to an unapproved storage facility;

(viii) Missing or improper equipment on a towing vehicle at a crash scene;

(ix) Charging to collect payment elsewhere if unable to collect payment option at the scene by a customer;

(x) Failure or refusal to answer a call or respond to scene;

(xi) Retrieving a vehicle on the highway without notifying the WHP;

(xii) Being unavailable for vehicle release during normal business hours then charging for storage;

(xiii) Responding to a call with an uninspected tow truck or with an out-of-service violation; or

(xiv) Making a false or unsubstantiated complaint against another tow carrier.

(g) Major violation penalties include:

(i) 1st offense: 45-day suspension;

(ii) 2nd offense: 90-day suspension;

(iii) 3rd offense: 1-year suspension; and

(iv) 4th offense: Permanent removal.

(h) Major violations may include the following or similar conduct:

(i) Not responding to a call when accepted and without notifying the WHP;

(ii) Wreck chasing/running the roads, solicitation of business, or arriving on a scene without being called;

(iii) Tow truck driver arriving on scene while impaired by drugs or alcohol;

(iv) No facility within divisional rotation area;

(v) Failure to be independent of another tow and recovery company within the same divisional rotation area;

(vi) Unauthorized or overcharged rates based on fee schedule provided to WHP;

(vii) False or inaccurate information on a T/R-1 form (Rotational Application);

(viii) Theft of property; or

(ix) Releasing a vehicle WHP has put a hold on without prior approval.

(i) All suspensions or removals under these rules will be imposed by the Colonel as designated by the WYDOT Director.

(j) When a tow carrier is suspended, all owners and employees are suspended from operating on the WHP Non-Consensual rotations. The owner or employees of the suspended tow carrier are not allowed to add a new company on the rotation while the suspension is being served.

(k) If a tow carrier is suspended, that tow carrier cannot respond to any calls from the WHP rotation, whether it is using its own tow trucks or other tow carriers' tow trucks.

(l) If a tow carrier is permanently removed, the owner will also be permanently removed and will not be allowed to be associated with a tow carrier that operates on the rotational list.

(m) All tow carriers on the rotational list operating on a consensual basis in Wyoming are subject to all the disciplinary actions and the reconsideration process as outlined in this manual.

(n) A tow carrier will be removed prior to the reconsideration process if the act committed is egregious enough as to affect public safety.

Section 18. Request for Reconsideration Process.

(a) At the conclusion of an investigation, the tow carrier may receive a letter of reprimand outlining the violation(s).

(b) Written warnings will not be subject for reconsideration. All other suspensions in Section 17 are subject for reconsideration by the tow carrier upon written request to the TRPC.

(c) If a request for reconsideration is made by a tow carrier, no disciplinary action will take effect until such process is complete.

(d) If a tow carrier fails to make a request for reconsideration within 10 business days or fails to appear at a scheduled hearing, the original disciplinary action given by the Colonel will take effect immediately the following business day.

(e) The reconsideration process must be initiated within 10 business days of receipt of the original suspension letter.

(i) A tow carrier has the option to appear in person in front of the DRC. The tow carrier must make this request within 10 business days to the TRPC.

(ii) The informal hearing will be held within a timely manner.

(iii) The DRC will consider all factors and provide a recommendation to the Colonel. The tow carrier will be notified regarding the Colonel's decision on the suspension.

(iv) If a tow carrier does not request reconsideration, the suspension will go into effect on the eleventh business day after the letter was delivered.

(f) A tow carrier that has been removed from the rotational list may request reinstatement in writing at or near the end of the removal period. This request shall be sent to the TRPC.

(g) Permanent Removal:

(i) A tow carrier may request reconsideration, in writing, to the Colonel within 10 business days following the receipt of the original permanent removal notification letter. The Colonel may arrange a meeting with the tow carrier, the commercial carrier captain, and any other applicable parties involved. The Colonel will allow everyone involved to explain their position before rendering a decision. The decision should be made within a reasonable amount of time of the meeting. The Colonel will make the final decision and will notify the tow carrier with no further review available.

(h) Appeal Process:

(i) A tow carrier may file an appeal that will be sent directly to the Colonel. Practice and procedure for hearings before the Department shall be as provided in Chapter 3, General Section, of the Wyoming Department of Transportation Rules and Regulations.

(ii) A suspension will remain in effect unless the Office of Administrative Hearing renders a decision in favor of the tow carrier.

Section 19. Towing Advisory Board (TAB).

(a) The TAB shall act in an advisory capacity and make recommendations to WHP regarding the regulations that towing and recovery operators are to be regulated by, and such other duties as may be assigned by WHP.

(b) The Commercial Carrier Section will appoint TAB members. The TAB will be comprised of five to eight members with no more than two members from each of the following:

(i) Tow carrier industry;

(ii) Trucking industry;

(iii) Insurance industry; and

(iv) WHP.

(c) A representative from the Wyoming Attorney General's Office and the WHP Communication Center may attend and be present but are not members of the TAB.

(d) TAB members will serve a 3-year term and may serve more than one term consecutively. There is no limit on the number of terms served by a TAB member.

(e) If terms are not staggered and expire at the same time, there will be a transitional period of one month where the new member and the existing member serve together. This will ensure the TAB is full at all times.

(f) The commercial carrier captain may at any point remove a member of the committee for any justifiable reason. A candidate will be selected from the list of applications on file and, once appointed, would finish out the remainder of the term.

(g) All applicable information regarding the TAB can be found on the WHP website.

(h) A majority vote will be used by TAB members to elect a chair who will preside over the minutes and the meeting agenda. A vice chairman will also be elected in case the chairman is unable to be present. Both the chairman and vice chairman shall serve in their capacity until their terms expire.

(i) The TAB shall meet one or two times per year depending on the amount of information that is necessary to discuss.

(i) These meetings shall take place in person, by video conference, or by teleconference.

(ii) The purpose of these meetings shall be to review and discuss the WHP's Voluntary Towing Operational Policies and Procedures and to share information that is pertinent to the towing and recovery industry to assess if there are specific trends that need to be addressed.

(iii) All applicable information deriving from the meetings shall be sent to the TRPC.

(j) TAB members will access rotational applications, inspection forms, fee schedules,

disputed invoices, and this manual.

History

Effective 2023-01-03

Chapter 2 Radioactive Waste Transportation by Motor Carrier

Wyo. Code R. 045.0004.2.06082016 Radioactive Waste Transportation by Motor Carrier

Wyoming Department of Transportation Radioactive Waste Transportation By Motor Carrier

CHAPTER 2

Section 1. Authority and Purpose.

These rules of practice and procedure are promulgated by authority of W.S. 37-14- 103. They are intended to provide an understandable interpretation of the undefined portion of W.S. 37-14-103.

Section 2. Definitions.

(a) ATemporary permit@ means a permit to transport radioactive waste issued pursuant to this rule and valid for only a single trip transporting radioactive waste within or through Wyoming.

(b) ATransportation@ or Atransport@ means the transport by any means of radioactive waste destined for or derived from any location and any loading, unloading, or storage incident to such transport. The terms do not include the permanent storage or disposal of the radioactive waste.

Section 3. Permit Required.

(a) Any person representing and wishing to transport radioactive waste within or through Wyoming shall have a permit issued by the Wyoming Department of Transportation (WYDOT) or its duly designated agent.

(b) There is no application fee for a permit. Once it is granted, the permit shall remain in force until revoked and shall be valid for all the holder=s shipments of radioactive waste. An applicant may also request a temporary permit covering a single trip within or through Wyoming.

(d) A permit may be denied or revoked for:

(i) Nonpayment, when due, of any emergency response fees provided for in W.S. 37-14-103.

(ii) The revocation or cancellation

(A) by the federal government of an applicant's contract for the transportation of radioactive waste or

(B) by the granting jurisdiction's revocation of an applicant's authority to serve as a carrier.

(iii) Violation of safety rules and regulations applicable to radioactive waste transportation.

(iv) Omission or misstatement of a material fact on an application.

(e) Permit application forms are available from the Wyoming Department of Transportation, Regulatory Section, 5300 Bishop Blvd., Cheyenne, Wyoming 82009; at all Wyoming ports of entry; and at all Wyoming Highway Patrol offices. The application shall contain:

(i) The applicant=s name, address, and general business telephone number; an emergency telephone number for the applicant that will be answered at any time; and a statement that the applicant has a 24-hour telephone number for all persons for whom the applicant is transporting radioactive waste.

(ii) A general description of the radioactive waste intended for transport including the type of material to be transported, the number of shipments and packages, a description of the packages, and the estimated radioactivity per shipment. (Precise information is not necessary if unavailable for security or other reasons.)

(iii) A description of the mode of transportation, the route or routes to be taken, and the approximate schedule. (Precise information is unnecessary if unavailable for security or other reasons.)

(iv) A general description of any violations by the carrier of local, state, or federal regulations within the past year related to radioactive waste transportation or of any accidents resulting in the release of radioactivity.

(v) A statement about whether the application is for a permanent or temporary permit.

(vi) Any other information the applicant can provide that might assist the state in case of an accident.

Section 4. Issuing Permits.

The Department authorizes its Regulatory Section and each port of entry to issue temporary permits to shippers upon receipt of a proper application completely filled out. The issuing entity shall forward copies of all temporary permits to the Regulatory Section as soon as they are issued. Shippers seeking permanent permits may apply directly to the Regulatory Section or may hand deliver an application to a Wyoming port of entry, which shall forward it to the Regulatory Section. WYDOT shall act upon applications within 30 days of the application date. During those 30 days, the applicant may transport radioactive waste as if a permit had been granted and shall pay all applicable emergency response fees and comply with all applicable rules and regulations concerning radioactive waste transportation.

Section 5. Fee Payment.

The emergency response fee of $200 per package of radioactive waste shall be paid to the Wyoming Department of Transportation, Accounting Program, 5300 Bishop Blvd., Cheyenne, WY 82009.

Section 6. Continuing Notification Requirement.

(a) Each permit holder shall notify the Department within 10 days if any of the following occur:

(i) The permit holder loses its carrier operating authority.

(ii) The permit holder ceases to transport radioactive waste as defined in this chapter and therefore wishes voluntarily to relinquish the permit.

(iii) The permit holder has been cited for violating safety rules or regulations applicable to radioactive waste transportation (reporting this information is voluntary except in the case of an accident resulting in the release of radioactivity).

(b) Whenever the radioactive waste transportation activities of the permittee change in any material way, that fact shall be reported in writing to WYDOT=s Regulatory Section within 10 days. If no material changes have taken place, the permittee shall report this fact in writing to the Department immediately.

History

Effective 2016-06-08

Chapter 3 Insurance Requirements

Wyo. Code R. 045.0004.3.06082016 Insurance Requirements

Wyoming Department of Transportation Insurance Requirements

CHAPTER 3

Section 1. Authority and Purpose.

These rules of practice and procedure are promulgated by authority of W.S. 24-2-105 and W.S. 31-18-104. They are intended to provide uniform and understandable interpretation of the undefined portion of W.S. 31-18-209.

Section 2. Insurance Policies, Surety Bonds, Etc.

(a) Bodily Injury and Property Damage Liability Insurance: No contract motor carrier subject to the provisions of the Wyoming Commercial Vehicle Act shall engage in Wyoming intrastate commerce, and no letter of authority shall be issued to such motor carrier or remain in force until the motor carrier files, and the Department approves of, a policy of insurance, or surety bonds for the self insured, not less than the amounts prescribed in Section 3 of this chapter. The insurance policy or surety bonds shall be conditioned to pay, within the amount of such policy of insurance, or surety bonds for the self insured, any final judgment recovered against such motor carriers for bodily injuries to or the death of any person resulting from the negligent operation, maintenance, or use of motor vehicles subject to this act or for loss of or damage to property of others.

(b) Cargo Insurance: No contract motor carrier subject to the provisions of this act shall engage in Wyoming intrastate commerce, and no letter of authority shall be issued to such carrier or remain in force until the motor carrier files, and the Department approves of, a policy of insurance, or surety bonds for the self insured, in not less than the amounts prescribed in Section 3 of this chapter. The insurance policy or surety bonds shall be conditioned upon such carriers making compensation to shippers or consignees for all property belonging to shippers or consignees and coming into possession of such carrier in connection with the transportation of the property. This requirement, however, shall not apply to carriers transporting raw agricultural products (except livestock), nor to carriers transporting sand (except in pneumatic trailers), rock, dirt, gravel, or other commodities having no appreciable salvage value.

Section 3. Minimum Insurance Amounts.

The minimum amounts referred to in Section 2 of this chapter are prescribed as follows:

(a) Liability Insurance (Form E)Bmotor carrier bodily injury and property damage liability, with a combined single limit (CSL) of $750,000 or greater as required by federal law.

(b) Cargo Insurance (Form H)BCommon security required to compensate shippers or consignees for loss of or damage to property coming into the possession of common and contract motor carriers in connection with their transportation service. All common and contract motor carriers require $10,000 of cargo insurance, or greater if required by federal law, except those carriers transporting commodities that do not require cargo insurance. (See Section 2[b].)

(c) House Trailer or Mobile Home Cargo (Form MC61E)BSecurity required to compensate owners, shippers, or consignees for loss of or damage to each house trailer or mobile home coming into the possession of a contract motor carrier in connection with its transportation service for $5,000 (comprehensive and collision coverage, including contents).

Section 4. Expiration Date of Insurance Coverage.

Insurance filings are to be filed "continuous until canceled" with only the effective date set forth.

Section 5. Effective Date of Insurance Coverage.

Insurance filings shall show an effective date. No lapse of time can exist between the expiration date of previous insurance coverage and the date of receipt for the new coverage as long as the carrier is operating under the authority issued by WYDOT as set out in Section 6. These filings are active until canceled by the insurance company.

Section 6. Period of Insurance Coverage.

Contract motor carriers shall have the prescribed insurance information on file and approved by the Department during the entire time they operate under WYDOT authority.

Failure to provide the prescribed insurance coverage during any period the carrier has authority to operate shall result in action to revoke or cancel the contract motor carrier authority issued by the Department.

Section 7. Motor Vehicles Covered by Insurance Certificates.

Insurance filings for contract motor carriers automatically cover all single motor vehicles or multiple unit combinations as soon as they are qualified to operate under the carrier's operating authority, during the period of time the coverage remains in force.

Section 8. Information on Insurance Claims.

Any insurance company making insurance filings with WYDOT pursuant to the requirements of the Wyoming Commercial Vehicle Act and the rules and regulations of the Department shall furnish WYDOT, upon request made by the Department or its authorized representative, with any information requested concerning any claim filed against a carrier or the insurance company by reason of insurance filings made with WYDOT.

Section 9. Limits of Insurance Policies.

To qualify for Department approval, each insurance filing shall be for an amount not less than the full limits of liability required under these rules.

Section 10. Forms and Procedure.

(a) Insurance filings such as for liability, cargo, or mobile home cargo or notices of cancellation shall be on WYDOT prescribed and approved forms.

(b) Insurance filings and notices of cancellation shall be filed with the Department. When WYDOT receives and approves the filing, it shall be stamped Aaccepted and shall be returned to the insurance company or its issuing agency.

(c) All insurance filings shall be written in the full and correct legal name of the individual, partnership, corporation, or association and doing business as (d/b/a) designation, if any, to whom the authority is to be issued. For partnerships, all partners shall be named on the filing. Filings made in a name other than the exact name by which the carrier applied for operating authority shall not be considered an insurance filing for that carrier under these rules and regulations.

(d) WYDOT may refuse to accept any certificate of insurance, endorsement, or cancellation notice not filed on the Department=s prescribed and approved form.

Section 11. Reproducing Prescribed Forms.

The Department has adopted uniform and standard forms for insurance filings and cancellation notices as follow in this chapter. The use of the word "Commission" on these forms shall mean "Department of Transportation" in Wyoming. Insurance companies may print or reproduce these forms to their own size and printing specifications as long as all the information matches the original forms.

Section 12. Signatures of Authorized Agents.

In keeping with standard insurance industry practice, an insurance company may elect to allow insurance filings on behalf of the company by any person signing such filings, in which case the insurance company shall be bound by all filings made with the Department under the company name. Failure by any insurance company to honor this standard insurance industry practice may result in a WYDOT decision to disallow all insurance filings from such an insurance company in order to protect the public interest served by having required insurance in effect for carriers who rely upon such a practice.

Section 13. Department Refusal to Accept, or Revocation of, Insurance Policies.

At any time WYDOT may refuse to accept or may revoke its approval of any insurance filing if in its judgment such filing does not comply with these rules or, for any reason, fails to provide satisfactory or adequate public protection.

Section 14. Examples of Filings.

WYOMING FORM MC61E CONTRACT MOTOR CARRIER HOUSE TRAILER OR MOBILE HOME CERTIFICATE OF INSURANCE Filed With WYOMING DEPARTMENT OF TRANSPORTATION

REGULATORY SECTION Cheyenne, Wyoming

THIS IS TO CERTIFY, That the ___________________ (hereinafter called company) of_________________________________________________________________ has issued to ________________________________ of _________________________

(Name of Motor Carrier) (Address of Motor Carrier) the policy of Insurance herein described has been amended by the attachment of an endorsement, in the amount of $5,000.00 for physical damage coverage for each house trailer or mobile home transported and approved by the Wyoming Department of Transportation to provide compensation for loss of or damage to house trailers or mobile homes belonging to shippers or consignees and coming into the possession of the Insured in connection with its transportation service under a permit issued to the Insured by the Department under Title 31, Wyoming Statutes 1999, as amended, and the pertinent rules and regulations of the Department regardless of whether the house trailers or mobile homes themselves or the motor vehicles, and other facilities used in connection with the transportation of said house trailers or mobile homes are specifically described in the policy or not. The liability of the Company extends to such losses or damages whether occurring on the route or in the territory authorized to be served by the Insured or elsewhere within the State of Wyoming.

Whenever requested by the Department, the Company agrees to furnish to the Department

a duplicate original of said policy and all endorsements thereon.

The endorsement described herein may not be canceled without cancellation of the policy to which it is attached. Such cancellation may be effected by the Company or the Insured giving thirty (30) days' notice in writing to the Department at its office in Cheyenne, Wyoming, said thirty (30) days' notice to commence to run from the date notice is actually received at the office of said Department.

Policy No. ________ Effective from 12:01 A.M. standard time at the address of the Insured stated in said policy or policies and continuing until canceled as provided herein.

Countersigned at ______________________________ this ___ day of ___________ , ____.

MC 61E Authorized Company Representative

FORM E UNIFORM MOTOR CARRIER BODILY INJURY AND PROPERTY

DAMAGE LIABILITY CERTIFICATE OF INSURANCE

Filed with ___________________________ (hereinafter called Commission)

(Name of Commission)

This is to certify, that the ___________________________________________________

(Name of Company)

(hereinafter called Company) of____________________________________________________

(Home Office Address of Company)

has issued to____________________________________________________________________

(Name of Motor Carrier)

of ____________________________________________________________________________

(Address of Motor Carrier)

a policy or policies of insurance effective from ___________________ 12:01 A.M. standard time at the address of the insured stated in said policy or policies and continuing until canceled as provided herein, which, by attachment of the Uniform Motor Carrier Bodily Injury and Property Damage Liability Insurance Endorsement, has or have been amended to provide automobile bodily injury and property damage liability insurance covering the obligations imposed upon such motor carrier by the provisions of the motor carrier law of the State in which the Commission has jurisdiction or regulations promulgated in accordance therewith.

Whenever requested, the Company agrees to furnish the Commission a duplicate original of said policy or policies and all endorsements thereon.

This certificate and the endorsement described herein may not be canceled without cancellation of the policy to which it is attached. Such cancellation may be effected by the Company or the insured giving thirty (30) days' notice in writing to the State Commission, such thirty (30) days' notice to commence to run from the date notice is actually received in the office of the Commission.

Countersigned at_______________________________________________________________

(Street Address) (City) (State) (Zip Code)

This ________ day of ____________, ____.

_________________________________ Authorized Company Representative Insurance Company File No. _______________ (Policy Number) ___________________

FORM G UNIFORM MOTOR CARRIER BODILY INJURY AND

PROPERTY DAMAGE LIABILITY SURETY BOND

KNOW ALL MEN BY THESE PRESENTS, That we,__________________________________ (Name of Motor Carrier Principal)

of _____________ , ________________ as Principal (hereinafter called

(City) (State)

Principal), and_________________________________________________________________

(Name of Surety)

a corporation created and existing under the laws of the State of_________,

with principal office at__________ , ___________________ , as Surety,

(City) (State)

(hereinafter called Surety) , are held and firmly bound unto the State of ______________ in the sum or sums hereinafter provided for which payment, well and truly to be made, the Principal and Surety hereby bind themselves, their successors and assigns, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT:

WHEREAS, the Principal is or intends to become a motor carrier subject the laws of such State and the rules and regulations of____________________________

Name of Commission

(hereinafter called Commission) , relating to insurance of other security for the protection of the public, and has elected to file with the Commission a surety bond conditioned as hereinafter set forth, and

WHEREAS, This bond is written to assure compliance by the Principal as a motor carrier of passengers or property with the laws of such State and the rules and regulations of the Commission relating to insurance or other security for the protection of the public, and shall inure to the benefit of any person or persons who shall recover a final judgment or judgments against the Principal for any of the damages herein described.

NOW, THEREFORE, if every final judgment recovered against the Principal for bodily injury to or the death of any person or loss of or damage to the property of others, sustained while this bond is in effect, and resulting from the negligent operation, maintenance, or use of motor vehicles in transportation (but excluding injury to or death of the Principal's employees while engaged in the course of their employment, and loss of or damage to property of the Principal and property transported by the Principal designated as cargo), shall be paid, then this obligation shall be void, otherwise to remain in full force and effect.

Within the limits hereinafter provided, the liability of the Surety extends to such losses, damages, injuries, or deaths regardless of whether such motor vehicles are specifically described

herein and whether occurring on the route or in the territory authorized to be served by the Principal or elsewhere.

This bond is effective from _____________ (12:01 A.M., standard time, at the address of the Principal as stated herein) and shall continue in force until terminated as hereinafter provided. The Principal or the Surety may at any time terminate this bond by written notice to the Commission, such termination to become effective not less than thirty (30) days after actual receipt of said notice by the Commission. The Surety shall not be liable hereunder for the Payment of any judgment or judgments against the Principal for bodily injury to or the death of any person or persons or loss of or damage to property resulting from accidents which occur after the termination of this bond as herein provided, but such termination shall not affect the liability of the Surety hereunder for the Payment of any such judgment or judgments resulting from accidents which occur during the time the bond is in effect.

The liability of the Surety on each motor vehicle shall be the limits prescribed in the laws of such State and the rules and regulations of the Commission governing the filing of surety bonds, which were in effect at the time this bond was executed, and shall be a continuing one notwithstanding any recovery hereunder.

IN WITNESS WHEREOF, the said Principal and Surety have executed this instrument on the _____ day of _____________ , ____.

(Principal)

By ________________________________

(Affix Corporate Seal) (Surety)

(City) (State)

By ________________________________

Countersigned at _____ this ____ day of _______________ ____.

Bond No. _________________ ____________________________________

Registered Resident Agent

FORM H UNIFORM MOTOR CARRIER CARGO

CERTIFICATE OF INSURANCE

Filed with____________________________(hereinafter called Commission).

(Name of Commission)

This is to certify, that the__________________________________________________

(Name of Company)

(hereinafter called Company) of___________________________________________________

(Home Office Address of Company)

has issued to _________________________________________________________________ (Name of Motor Carrier)

of __________________________________________________________________________

(Address of Motor Carrier)

a policy or policies of insurance effective from________________12:01 A.M., standard time at the address of the insured stated in said policy or policies and continuing until canceled as provided herein, which, by attachment of the Uniform Motor Carrier Cargo Insurance Endorsement, has or have been amended to provide cargo insurance covering the obligation imposed upon such motor carrier by the provisions of the motor carrier law of the State in which the Commission has jurisdiction or regulations promulgated in accordance therewith.

Whenever requested, the Company agrees to furnish the Commission a duplicate original of said policy or policies and all endorsements thereon.

Countersigned at_________________________________________________________________

(Street Address) (City) (State) (Zip Code)

This____________day of_________________, ___.

Authorized Company Representative Insurance Company File No.__________________

(Policy Number) _________________________

3-10 FORM J UNIFORM MOTOR CARRIER CARGO SURETY BOND

KNOW ALL MEN BY THESE PRESENTS, That we, __________________________________

(Name of Motor Carrier Principal)

of_________________, ____________________ as Principal (hereinafter called Principal),

(City) (State)

and__________________________________________________________________________

(Name of Surety)

a corporation created and existing under the laws of the State of_________ with principal office at_________________, ____________________, as Surety

(City) (State)

(hereinafter called Surety) , are held and firmly bound unto the State of _________________ in the sum or sums hereinafter provided for which payment, well and truly to be made, the Principal and Surety hereby bind themselves, their successors and assigns, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT:

WHEREAS, The Principal is or intends to become a motor carrier subject to the laws of such State and the rules and regulations of the__________________________

(Name of Commission)

(hereinafter called Commission) , relating to insurance or other security for the protection of shippers and consignees, and has elected to file with the Commission a bond conditioned as hereinafter set forth; and

WHEREAS, this bond is written to assure compliance by the Principal as a motor carrier with the laws of such State and the rules and regulations of the Commission relating to insurance or other security for the protection of shippers and consignees, and shall inure to the benefit of any and all shippers or consignees to whom the Principal may be held liable for any of the damages herein described.

NOW, THEREFORE, if the Principal shall make compensation to shippers and consignees for all losses or of damages to property belonging to them which shall, while this bond is in effect, come into the possession of the Principal in connection with its transportation service, regardless of whether such losses or damages occur while said property is in a motor vehicle, terminal warehouse, or other place, for which losses or damages the Principal may be held legally liable, then this obligation shall be void, otherwise it shall remain in full force and effect.

3-11 The liability of the Surety for the limits hereinafter provided shall be a continuing one notwithstanding any recovery hereunder, and extends to such losses or damages regardless of whether the motor vehicles, terminals, warehouses, and other facilities used in connection with the transportation service of the Principal are specifically described herein or not, and whether occurring on the route or in the territory authorized to be served by the Principal or elsewhere.

The liability of the Surety for any such loss or damage shall be the limits prescribed in the laws of such State and the rules and regulations of the Commission governing the filing of surety bonds, which were in effect at the time this bond was executed, and shall be a continuing one notwithstanding any recovery hereunder.

This bond is effective from_____________________(12:01 A.M., standard time, at the address of the Principal as stated herein) and shall continue in force until terminated as hereinafter provided. The Principal or the Surety may at any time terminate this bond by written notice to the Commission, such termination to become effective not less than thirty (30) days after actual receipt of said notice by the Commission.

The Surety shall not be liable hereunder for the payment of any of the losses or damages hereinbefore described which arise on property coming into the possession of the Principal in connection with its transportation service after the termination of this bond as herein provided, but such termination shall not affect the liability of the Surety hereunder for the payment of any such losses or damages arising on property coming into the possession of the Principal in connection with its transportation service prior to the date such termination becomes effective.

IN WITNESS WHEREOF, the said Principal and Surety have executed this instrument on the day of_____________, ____.

(Principal)

By________________________

(Affix Corporate Seal) (Surety)

(City) (State)

By________________________

Countersigned at_______this______day of _____________________, ____.

Bond No.______________________________________________________________________

(Registered Resident Agent) ____________________________

3-12 FORM K UNIFORM NOTICE OF CANCELLATION OF

MOTOR CARRIER INSURANCE POLICIES

Check Type Canceled:

BI and PD ______________ Cargo _________________

Filed with_____________________________(hereinafter called Commission).

(Name of Commission)

This is to advise that under the terms of a policy or policies issued

to____________________________________________________________________________ (Name of Motor Carrier)

of____________________________________________________________________________

(Address of Motor Carrier)

by____________________________________________________________________________

(Name of Company)

of____________________________________________________________________________

(Address)

said policy or policies, including any and all endorsements forming a part hereof or certificates issued in connection therewith, is (are) hereby canceled effective as of the_______day of________________, ___, 12:01 A.M., standard time at the address of the Insured as stated in said policy or policies provided such date is not less than thirty (30) days after the actual receipt of this notice by the Commission.

________________________________ Signature of Insurer Insurance Company File No.________________

(Policy Number) ________________________

3-13 FORM L UNIFORM NOTICE OF CANCELLATION OF MOTOR CARRIER SURETY BONDS

Check Type Canceled: BI and PD_______________ Cargo __________________

Filed with_____________________________(hereinafter called Commission).

(Name of Commission)

This is to advise that, under the terms of surety bond(s) executed in

behalf of

(Name of Principal)

(Address)

(Name of Surety)

(Address)

said bond(s), including any and all riders or certificates attached thereto or issued in connection therewith, is (are) hereby canceled effective as of the_______day of_______________, ____, 12:01 A.M., standard time, at the address of the Principal as stated in said bond(s) provided such date is not less than thirty (30) days after the actual receipt of this notice by the Commission.

Signature of Principal or Surety

Insurance Company File No.________________

(Policy Number)

History

Effective 2016-06-08

Chapter 5 Size and Weight Limitations of Vehicles

Wyo. Code R. 045.0004.5.04302025 § 1 Authority and Purpose

The Wyoming Department of Transportation (WYDOT) promulgates these rules by authority of W.S. 24-2-105 and W.S. 31-18-804(j) to administer provisions for issuing permits to operate vehicles or loads exceeding legal statutory limits as described in W.S. 31-18-801 through W.S. 31-18-808.

History

Effective 2025-04-30

Wyo. Code R. 045.0004.5.04302025 § 2 Definitions

(Please see W.S. 31-1-101, W.S. 31-5-102, W.S. 31-18-101, W.S. 31-18-203, and W.S. 31-18-801. Definitions are subject to change by legislative action.) The following includes both statutory (s) and administrative (a) definitions:

(a) "Agricultural operations" means the raising and harvesting of their own crops or livestock in this state by farmers or ranchers, their exchange between farmers or ranchers, or the transportation of implements of husbandry to or from farmers or ranchers by persons engaged in the business of selling or repairing such implements. (s)

(b) "Agricultural products" means the produce of husbandry. (a)

(c) "Axle" means common axis of rotation of one (1) or more wheels, whether power driven or freely rotating, and whether in one (1) or more segments, and regardless of the number of wheels carried thereon. (s)

(d) "Axle group" means an assemblage of two (2) or more consecutive axles considered together in determining their combined load effect on a bridge or pavement structure. (s)

(e) "Axle load" means the total load transmitted to the road by an assembly of two

(2) or more wheels whose centers are in one (1) transverse vertical plane or may be included between two (2) parallel transverse vertical planes 40 inches apart extending across the full width of the vehicle. (s)

(f) "Axle measurement" means the distance between axles to the nearest foot. When fractional measurement is exactly one-half foot, the next larger whole number shall be used. (s)

(g) "Camp shack" means portable, on-site living quarters. (a)

(h) "Cargo" means the items or freight to be moved, including items placed on or in a vehicle, towed by a vehicle, or a vehicle itself. (s)

(i) "Coarse aggregate" means material as retained on a No. 4 (4.75 mm) sieve. (a)

(j) "Commission" means the Transportation Commission of Wyoming. (s)

(k) "Connecting mechanism" means an arrangement of parts interconnecting two (2) or more consecutive axles to a vehicle in such a manner as to equalize the load between axles. (s)

(l) "Construction or off-road machinery tire" means a tire with a minimum width of 18 inches (45.72 cm) as stamped on the tire by the manufacturer and a minimum rim diameter of 25 inches (63.5 cm). (a)

(m) "Crane counterweight" means a weight that exerts an opposite force to balance and stabilize a stationary mechanical system. (a)

(n) "Daylight hours" means one-half hour before sunrise until one-half hour after sunset. (a)

(o) "Department" means the Department of Transportation. (s)

(p) "Director" means the director of the Department of Transportation. (s)

(q) "Dromedary unit" means a box, deck, or plate mounted behind the cab and forward of the fifth wheel on the frame of a truck-tractor not to exceed six (6) feet in length from the back of the cab or sleeper berth. (a)

(r) "Dunnage" means equipment strictly used for loading, unloading, blocking, bracing, and dropping a trailer for operation upon the highway. (a)

(s) "Emergency" means a situation vital to the national defense or an unforeseen circumstance that threatens life or property and requires prompt action. (a)

(t) "Escort" means a vehicle accompanying a movement displaying proper lights, signs, and equipment. (a)

(u) "Exchange" means receiving funds for a service or product. (a)

(v) "Extended period permit" means a permit issued to cover a specific load that allows movement for a specified period and over specified routes or statewide. (a)

(w) "Flags or flagged" means a display of red or fluorescent orange flags not less than 12 square inches. (a)

(x) "Forest products" means logs, poles, posts, rough lumber, wood chips, sawdust, and any other product of the forest which will require further processing. (s)

(y) "Gravel" means pit-run stone, coarse aggregate, and products of screened stone, crushed stone, or a combination thereof. This definition does not include sand, silt, clay, and refined by-products that use gravel, including plant-mixed asphalt, cement treated base, and Portland cement concrete. (a)

(z) "Gross weight" means the total weight of a vehicle and vehicle combinations including the weight of any load carried in or on the vehicle and vehicle combinations. (s)

(aa) "Height" means the total vertical dimension of any vehicle above the ground surface including any load or load-holding device thereon. (s)

(bb) "Highway" means a public way maintained by the Department for the purpose of vehicular travel, including rights-of-way or other interests in land, embankments, retaining walls, culverts, sluices, drainage structures, bridges, railroad-highway crossings, tunnels, signs, guardrails, and protective structures. (s)

(cc) "House trailer" means:

(i) A trailer or semi-trailer which is designed, constructed, and equipped as a dwelling place, living abode, or sleeping place (either permanently or temporarily) and is equipped for use as a conveyance on streets and highways; or

(ii) A trailer or semi-trailer whose chassis and exterior shell are designed and constructed for use as a house trailer, as defined in preceding paragraph (i), but which is used instead permanently or temporarily for advertising, sales display, or promotion of merchandise or services, or for any other commercial purpose except the transportation of property for hire or the transportation of property for distribution by a private carrier. (s)

(dd) "Implement of husbandry" means a vehicle or vehicles manufactured or designed and used exclusively for the conduct of agricultural operations and only incidentally operated or moved on highways. (s)

(ee) "Indivisible load" please see "non-divisible load." When Wyoming statutes use the term indivisible load, that load shall be considered a "non-divisible load" for purposes of these rules. (a) (Please see definition [mm] and Section 4 [m].)

(ff) "Interstate or National Defense Highway" means highways designated as part of the interstate system by the Transportation Commission which are signed and marked accordingly. (s)

(gg) "Jib boom extension," "jib boom," or "boom extension" means a structure manufactured as original equipment (OEM) that is attached to the main boom of a crane and is intended to extend the length of the boom. (a)

(hh) "Length" means the total longitudinal dimension of any vehicle or combination of vehicles, including any load or load-holding device thereon, but excluding any device or appurtenance attached to the front or rear of a semi-trailer whose function is related to the safety of, or efficient operation of, the unit or contents. Excluded devices include, but are not limited to, air hose glad hands, fifth wheel slide plates, dock bumpers, air deflectors, and refrigeration units. No excluded devices shall be designed or used for carrying cargo. (s)

(ii) "Load" means a weight or quantity of anything resting upon something else regarded as its support. (s)

(jj) "Motor home" means a motor vehicle designed, constructed, and equipped as a dwelling place, living abode, or sleeping place (either permanently or temporarily) but excluding a motor vehicle carrying a camper. (s)

(kk) "Motor vehicle" means a vehicle which is self-propelled or propelled by electric power obtained from overhead trolley wires, but not operated on rails. (s)

(ll) "Nearest point of safekeeping" means a towing vehicle's place of business or an applicable repair facility where, on a primary tow, a damaged, disabled, or an abandoned vehicle is transported. In no event shall the distance towed exceed 150 miles as measured from the point where the vehicle is retrieved, or the tow enters the state, to where the tow terminates, or the tow exits the state. The mileage shall be measured in road miles using a recent Official State Highway Map of Wyoming. (a)

(mm) "Non-divisible vehicle or load" means a vehicle or load exceeding statutory size and/or weight limits whose parts are fixed and attached to simulate an operational configuration or whose parts cannot be transported safely or without damage if dismantled or divided.

(i) A non-divisible vehicle (such as a mobile crane, drilling rig, concrete pumper, or well service unit) shall be configured and equipped only as necessary for movement upon the highway.

(ii) The following vehicles shall be considered non-divisible:

(A) Authorized vehicles going to or coming from an emergency;

(B) Vehicles transporting casks of spent nuclear materials; or

material.

(iii) The following allowances shall be permitted as non-divisible:

(A) When determining weight allowance on combination units, a maximum combined total of 2,000 pounds of the following items normally carried by carriers when conducting movements:

(I) Dunnage:

(II) Items relevant to securing loads as indicated in Title 49 Code of Federal Regulations (C.F.R.), including chains, boomers, and tarps;

(III) Safety equipment related to the load, including handrails,

ladders, and stairs; and

(IV) Hand tools for servicing the transport vehicle.

(B) Vehicles equipped with outriggers when transporting only one (1) OEM outrigger pad per outrigger and one (1) non-OEM outrigger pad per outrigger. The pads shall be safely stored and properly secured on the vehicle.

(I) The jib boom shall be manufactured specifically for the crane (by the crane manufacturer and not aftermarket); and

(II) The jib boom can be safely stored on the main boom in the folded configuration originally intended by the manufacturer. As an additional option for carrying the headache ball and hook block outside of the operational configuration, one (1) headache ball or one (1) hook block shall be allowed if properly stored and secured in the manufacture cradle.

(D) Overweight camp shacks not exceeding 2,000 pounds maximum allowable weight when transporting items required for normal use of the individual camp shack being transported. Items not required for living quarters to be occupied shall not be allowed. Items shall be secured to avoid movement during transport. Items to be included in this exemption shall be the following:

(I) Mattresses;

(II) Linens;

(III) Bedding;

(IV) Cookware and dishes;

(V) Personal clothing; and

(VI) Hygiene items for occupants.

(E) Overweight loads containing fuel used for propulsion and/or other fluids required for movement if the tanks containing the fluids are OEM as designed by the manufacturer. Transport vehicles shall be allowed, in accordance with current state and federal regulations, if the load combined with the transport vehicle are not overweight. This subsection shall not include transporting the following:

(I) Fluids in storage tanks;

(II) Non-OEM tanks; and

(III) Non-propulsion power sources.

(F) One (1) spreader bar, one (1) jeep, and one (1) booster when transported on a trailer not in operational configuration if the trailer does not exceed maximum allowable weights.

(G) Traction weights when transported on a trailer not in operational configuration if the trailer does not exceed maximum allowable weights.

(nn) "Overweight Loads Office or OWL" means the office within the Wyoming Highway Patrol (WHP) responsible for processing requests to move loads exceeding normal oversize or overweight limits and for administering specific permit programs and permits for exceeding 117,000 pounds gross weight (Class W permits). (a)

(oo) "Operational configuration" means a vehicle's or load's parts when arranged and attached in the manner used when operating on-site for the equipment's designed purpose. This exception in no way allows the transporting of commodities in or on the vehicle or load. (a)

(pp) "Oversize load" means cargo, fixed or unfixed, that exceeds statutory size limits.

(a)

(qq) "Over-the-road bus" means a bus characterized by an elevated passenger deck located over a baggage compartment and typically operating on the interstate system or roads previously designated as part of the Federal-aid Primary System. (a)

(rr) "Overweight load" means cargo, fixed or unfixed, that exceeds statutory weight limits. (a)

(ss) "Permit" means a written authorization to move or operate on a highway a vehicle or vehicle with a load of size or weight exceeding the limits as specified by statute, which are limited by this act [law] and regulations of the Department. (s)

(tt) "Permit-issuing authorities" means those people authorized under Section 4, Permit-issuing Authorities and Permit Types Available, of these rules to issue oversize and/or overweight permits. (a)

(uu) "Pickup truck" means any motor vehicle, excluding multipurpose vehicles and passenger cars, designed, used, or maintained for the transportation of property with an attached open cargo box directly behind the passenger compartment and designed to be equipped with a tailgate which can be lowered or opened to load or unload property or cargo. (s)

(vv) "Pneumatic tire" means every tire in which compressed air is designed to support the load. (s)

(ww) "Pole trailer" means every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads as poles, pipes, or structural members capable, generally, of sustaining themselves as beams between the supporting connections. (s)

(xx) "Primary and secondary highways" means highways which are designated as part of the primary or secondary system by the Transportation Commission which are signed and marked accordingly. (s)

(yy) "Primary tow" means the first time a vehicle is attached to a tow vehicle for removal. Once a towed vehicle is disconnected or dropped from the tow vehicle as part of the original tow, any subsequent tows shall be considered secondary tows and be subject to the provisions of W.S. 31-18-802 and W.S. 31-18-804. (a)

(zz) "Produce of husbandry" means unprocessed products of farming or ranching operations derived directly from the soil, including livestock, fish, and bee raising. (a)

(aaa) "Public transit bus" means a vehicle that is regularly and exclusively used as an intrastate public agency transit passenger bus. (a)

(bbb) "Recreational vehicle" means a vehicle designed primarily as living quarters for recreational, camping, vacation, or travel use which has an electrical system which operates above 12 volts and has a plumbing and heating system. (s)

(ccc) "Registered vehicle" means a vehicle designed to operate primarily upon the highway and that requires licensing in Wyoming. (a)

(ddd) "Resident" means any individual, partnership, or corporation having a principal place of business in Wyoming for a period of one (1) year or more. (a)

(eee) "Roadway" means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the sidewalk, berm, or shoulder. In the event a highway includes two (2) or more separate roadways, the term "roadway" as used herein shall refer to any such roadway separately but not to all such roadways collectively. (s)

(fff) "Saddlemount" means a vehicle combination designed and specifically used to tow no more than three (3) trucks or truck-tractors each connected by a saddle to the frame or fifth wheel of the truck or truck-tractor in front of it. (a)

(ggg) "Safety device" means any piece of equipment or mechanism, including rear view mirrors, pin pockets not to exceed three (3) inches on each side, and other devices designated by the director, attached to a vehicle to assure its safe operation and to assure the safe movement of a load hauled by the vehicle. (s)

(i) Acceptable safety devices for width shall include, but not be limited to, the following: rearview mirrors, turn signal lamps, hand-holds for cab entry/egress, splash and spray suppressant devices, and pin pockets (no excluded device shall be designed or used to carry cargo), as well as tire bulge because of load. Safety devices shall also include other equipment as designated by the Federal Highway Administration rules and regulations. (Please see 23 C.F.R. 658.)

(hhh) "Self-issuing permit" means a permit issued and completed by an individual or a carrier. (a)

(iii) "Semi-trailer" means every vehicle of a trailer type not equipped with propelling power so designed for carrying property and used in conjunction with a motor vehicle that some part of its own weight and load rests upon or is carried by another vehicle. (s)

(jjj) "Separate movement" means each movement of a vehicle or load to a specified location, all movements of a vehicle or load if completed in the same calendar day, or movement of a vehicle or load outside the state.

(i) Permits may be issued to a vehicle or load that will leave and reenter the state at different locations if it is the most practical route when considering topography and other restrictions including apparent long-term road closures.

(ii) Carriers that change loads while out of the state shall require a second permit to reenter the state.

(iii) Permits are vehicle, load, and route specific. (a)

(kkk) "Single axle" means an assemblage of two (2) or more wheels, whose centers are in one (1) transverse vertical plane or may be included between two (2) parallel transverse vertical planes 40 inches apart extending across the full width of the vehicle. (s)

(lll) "Single unit" means one (1) vehicle or a combination of all trailing components in a heavy haul configuration (such as jeep, trailer, booster, or push truck), including any front or rear overhang. (a)

(mmm)"Slow-moving vehicle emblem" means the Standard American Society of Agricultural Engineers emblem designating a vehicle designed to operate at speeds of 25 miles per hour or less. (a)

(nnn) "Spreader bar" means a trailer's add-on section specifically used for reconfiguring axles to redistribute the weight of a load on the roadway that is separate from the normal trailer configuration. (a)

(ooo) "Statutory limits" means the size and weight limits established by Wyoming law under which a load can be moved over the highway without having to secure a permit. (a)

(ppp) "Super load" means a load that exceeds Class B or C limits. (a)

(qqq) "Tandem axle" means any two (2) or more consecutive load bearing axles whose centers are more than 40 inches, but not more than 96 inches, apart and articulate from an attachment to the vehicle including a variable load suspension or connecting mechanism designed to distribute the load between axles. (s)

(rrr) "Tire width" means the width the manufacturer stamps on the tire. (a)

(sss) "Traction weights" means weight added onto a vehicle and required for propulsion and/or stopping of an overweight vehicle. (a)

(ttt) "Trailer" means every vehicle not equipped with propelling power and designed for carrying property and being drawn by a motor vehicle which carries no part of the weight and load of a trailer on its own wheels. (s)

(uuu) "Transportable home" means and includes the following as defined:

(i) A modular home means a residential dwelling constructed in a factory to a residential construction code other than the Federal Manufactured Home Construction and Safety Standards;

(ii) A prebuilt home means a residential dwelling that is wholly, or in substantial part, made, fabricated, formed, or assembled in manufacturing facilities for installation or assembly on a building site. A prebuilt home shall include, but not be limited to, a manufactured home, modular home, and mobile home; or

(iii) A manufactured home means a residential dwelling built in accordance with the Federal Manufactured Home Construction and Safety Standards which is a unit more than 8 and 1/2 feet in width which is designed, constructed, and equipped as a dwelling place, living abode, or place of business to which wheels may be attached for movement upon streets and highways except a unit used primarily as a mobile laboratory or mobile office. (s)

(vvv) "Triple axle" means three (3) consecutive load bearing axles whose centers are more than 96 inches, but not more than 102 inches, apart and that articulate from an attachment to the vehicle including a connecting mechanism or variable load suspension axle to keep all axles at or below legal limits. (a)

(www) "Truck" means a motor vehicle designed, used, or maintained primarily for the transportation of property. (s)

(xxx) "Truck camper" means a portable unit constructed to provide temporary living quarters for recreational, travel, or camping use, consisting of a roof, floor, and sides, designed to be loaded onto and unloaded from the bed of a pickup truck. (s)

(yyy) "Truck-tractor" means a motor vehicle designed and used primarily for drawing other vehicles but not for loads other than a part of the weight of the vehicle and load drawn. For the purpose of this article [rule], a truck-tractor equipped with a dromedary unit shall be considered a part of the weight of the vehicle and not a load thereon and a truck-tractor and semi- trailer engaged in the transportation of automobiles may transport motor vehicles on part of the power unit. (s)

(zzz) "Variable load suspension axle" means an axle that may be adjusted to vary the weight carried by the axle. (s)

(aaaa) "Vehicle" means a device in, upon, or by which any person or property may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon rails or tracks. (s)

(bbbb) "Vehicle combination" means any connected assemblage of a motor vehicle and one (1) or more other vehicles. (s)

(cccc) "Width" means the total outside transverse dimension of a vehicle including any load or load-holding devices thereon, but excluding approved safety devices and tire bulge due to load.

(i) Exclusions to width measurement include the following:

(A) Appurtenances attached to the sides of vehicles whose function relates to the efficient operation of the unit, not to exceed three (3) inches on each side of a vehicle.

(B) Devices including, but not limited to, the following:

(I) Tarp and tarp hardware;

(II) Rear and side door hinges (and their protective hardware);

(III) Rain gutters;

(IV) Side marker lamps:

(V) Hazardous materials placards;

(VI) Wall variations from true flat;

(VII) Corner caps; and

(VIII) Rear facing lights, mounted on the sides of the cabs of truck-tractors to assist the operator in the procedures of safely backing up to a trailer, loading dock, or other backing maneuvers up to nine (9) feet wide. These lights are to be activated only when the vehicle is not moving forward.

(s)

History

Effective 2025-04-30

Wyo. Code R. 045.0004.5.04302025 § 3 Statutory Size and Weight Limits (Exclusive of Permits)

(a) Statutory size limits include vehicles, loads, load-holding devices, and bumpers but do not include approved safety devices.

(b) Permits are required for vehicles and loads exceeding statutory limits.

(i) Width: 8 1/2 feet (102 inches)

(ii) Height: 14 feet

(iii) Length:

(A) 60 feet for single units or semi-trailers in a truck-tractor and semi-

trailer combination.

(B) 81 feet for a semi-trailer, trailer, or double semi-trailer combined length in a truck-tractor and semi-trailer, trailer, or double semi-trailer combination including the connecting mechanism. (Pole trailers shall be allowed to operate under this provision when used with a truck-tractor.)

(I) 48 feet (maximum) for a semi-trailer.

(II) 40 feet (maximum) for a trailer or second semi-trailer (not including the connecting mechanism).

(C) For consecutive towed vehicles, if the weight difference between the vehicles exceeds 5,000 pounds, the heavier towed vehicle shall be directly behind the truck- tractor, and the lighter towed vehicle shall be last.

(D) 85 feet for any vehicle combination other than those listed in the preceding subparagraphs (A) and (B).

(E) No combination shall consist of more than three (3) single vehicles except as provided in (F) (immediately following).

(F) 97 feet for saddlemount combinations consisting of no more than three (3) saddlemounts. Additional vehicles may be transported when safely loaded on a vehicle frame in a properly assembled saddlemount combination.

(iv) Weight:

(A) 20,000 pounds for a single axle.

(B) 36,000 pounds for a tandem axle.

(D) For three (3) or more axles used on bridges measuring more than 8 and 1/2 feet, refer to Gross Weight Table 1.

(E) All other axel groups, when applicable, are governed by the number of axles and axle measurements in accordance with Gross Weight Table 1.

(F) 10,000 pounds each wheel.

(G) 8,000 pounds each wheel with solid tires. All vehicle wheels, except those operated at a speed of less than 10 miles per hour, shall be equipped with pneumatic tires.

(H) 750 pounds per inch of width (as stamped by the manufacturer)

for each steering tire.

(I) 600 pounds per inch of width (as stamped by the manufacturer) for each of the other tires.

(J) Gross Weight:

(I) Up to 117,000 pounds on the interstate in accordance with the formula limitations found in Gross Weight Table 1.

(II) Up to 117,000 pounds on primary and secondary highways in accordance with the formula limitations found in Gross Weight Table 1.

(III) Up to 80,000 pounds on primary and secondary highways in accordance with the formula limitations found in Gross Weight Table 2.

(K) Weight Tables. The following weight tables establish the maximum legal gross weight for vehicles. Gross Weight Table 1 requires checking all

consecutive axle groups to determine legal limits and is referred to as the "inner bridge" system.

(I) Interstate and National Defense Highways. Subject to the limitation imposed by the axle load, no vehicle or vehicle combination shall be operated on interstate or national defense highways exceeding the maximum weight allowed under federal law, unless in compliance with Gross Weight Table 1, corresponding to a distance in feet between the extremes of any axle groups measured longitudinally, to the nearest foot, except that vehicles with two (2) consecutive sets of tandem axles may carry a gross load of 36,000 pounds each if the distance between the first and last axles of the consecutive sets of tandem axles is 36 feet or more.

(II) Primary and Secondary Highways. Vehicles operating on primary and secondary highways may operate in accordance with Gross Weight Table 1 or Gross Weight Table 2 at the discretion of the operator, as follows:

(1.) For vehicles operating under Gross Weight Table 1, the total gross weight in pounds imposed on the highway by any group of two (2) or more consecutive axles on a vehicle or vehicle combination shall not exceed the value given in Gross Weight Table 1, corresponding to a distance in feet between the extremes of any axle groups measured longitudinally, to the nearest foot. An exception allows that two (2) consecutive sets of tandem axles may carry a gross load of 36,000 pounds each if the distance between the first and last axles of the consecutive sets of tandem axles is 36 feet or more.

(2.) For vehicles operating under Gross Weight Table 2, the total gross weight in pounds imposed on the highway by a vehicle or vehicle combination shall not exceed the value given in Gross Weight Table 2, corresponding to the distance in feet between the extremes of the vehicle or vehicle combination measured longitudinally to the nearest foot.

(3.) Vehicles with two (2) consecutive sets of tandem axles with a distance of less than 22 feet between the first and last axles of the consecutive sets shall comply with Gross Weight Table 1.

Gross Weight Table 1

Distance in feet between the extremes of any group of two (2) or more consecutive axles

Maximum gross weight in pounds carried on any group of two (2) or more consecutive axles

2 axles

3 axles

4 axles

5 axles

6 axles

7 axles

8 axles

9 or more axles

36,000

42,000

39,000

42,500

40,000

43,500

44,000

45,000

50,000

45,500

50,500

46,500

51,500

47,000

52,000

48,000

52,500

58,000

48,500

53,500

58,500

49,500

54,000

59,000

50,000

54,500

60,000

51,000

55,500

60,500

66,000

51,500

56,000

61,000

66,500

52,500

56,500

61,500

67,000

53,000

57,500

62,500

68,000

54,000

58,000

63,000

68,500

74,000

54,500

58,500

63,500

69,000

74,500

55,500

59,500

64,000

69,500

75,000

56,000

60,000

65,000

70,000

76,000

57,000

60,500

65,500

71,000

76,500

82,000

57,500

61,500

66,000

71,500

77,000

82,500

58,500

62,000

66,500

72,000

77,500

83,000

59,000

62,500

67,500

72,500

78,000

83,500

60,000

63,500

68,000

73,000

78,500

84,500

90,000

64,000

68,500

74,000

79,000

85,000

90,500

64,500

69,000

74,500

80,000

85,500

91,000

65,500

70,000

75,000

80,500

86,000

91,500

Gross Weight Table 1 (continued)

Distance in feet between the extremes

of any group of two (2) or more consecutive axles

Maximum gross weight in pounds

carried on any group of two (2) or more consecutive axles

2 axles

3 axles

4 axles

5 axles

6 axles

7 axles

8 axles

9 or more axles

Two (2) consecutive sets of tandem

axles may carry 36,000 pounds each if the distance is 36 feet or more between the consecutive sets of tandem axles

66,000

70,500

75,500

81,000

86,500

92,000

66,500

71,000

76,000

81,500

87,000

93,000

67,500

72,000

77,000

82,000

87,500

93,500

68,000

72,500

77,500

82,500

88,500

94,000

68,500

73,000

78,000

83,500

89,000

94,500

69,500

73,500

78,500

84,000

89,500

95,000

70,000

74,000

79,000

84,500

90,000

95,500

70,500

75,000

80,000

85,000

90,500

96,000

71,500

75,500

80,500

85,500

91,000

96,500

72,000

76,000

81,000

86,000

91,500

97,500

72,500

76,500

81,500

87,000

92,500

98,000

73,500

77,500

82,000

87,500

93,000

98,500

74,000

78,000

83,000

88,000

93,500

99,000

74,500

78,500

83,500

88,500

94,000

99,500

75,500

79,000

84,000

89,000

94,500

100,000

76,000

80,000

84,500

89,500

95,000

100,500

76,500

80,500

85,000

90,500

95,500

101,000

77,500

81,000

86,000

91,000

96,500

102,000

78,000

81,500

86,500

91,500

97,000

102,500

78,500

82,500

87,000

92,000

97,500

103,000

79,500

83,000

87,500

92,500

98,000

103,500

80,000

83,500

88,000

93,000

98,500

104,000

84,000

89,000

94,000

99,000

104,500

85,000

89,500

94,500

99,500

105,000

85,500

90,000

95,000

100,500

85,500

86,000

90,500

95,500

101,000

106,000

87,000

91,000

96,000

101,500

107,000

87,500

92,000

97,000

102,000

107,500

88,000

92,500

97,500

102,500

108,000

88,500

93,000

98,000

103,000

108,500

89,000

93,500

98,500

104,000

109,000

90,000

94,000

99,000

104,500

110,000

90,500

95,000

99,500

105,000

110,500

91,000

95,500

100,000

105,500

111,000

92,000

96,000

101,000

106,000

111,500

92,500

96,500

101,500

106,500

112,000

Gross Weight Table 1 (continued)

Distance in feet between the extremes

of any group of two (2) or more consecutive axles

Maximum gross weight in pounds

carried on any group of two (2) or more consecutive axles

2 axles

3 axles

4 axles

5 axles

6 axles

7 axles

8 axles

9 or more axles

93,000

97,000

102,000

107,000

112,500

93,500

98,000

102,500

107,500

113,000

94,500

98,500

103,000

108,500

113,500

95,000

99,000

104,000

109,000

114,000

95,500

99,500

104,500

109,500

115,000

96,000

100,000

105,000

110,000

115,500

97,000

101,000

105,500

110,500

116,000

97,500

101,500

106,000

111,000

116,500

98,000

102,000

106,500

111,500

117,000

98,500

102,500

107,000

112,000

99,000

103,000

108,000

113,000

100,000

104,000

108,500

113,500

104,500

109,000

114,000

105,000

109,500

114,500

105,500

110,000

115,000

106,000

111,000

115,500

107,000

111,500

116,000

107,500

112,000

117,000

108,000

112,500

108,500

113,000

109,000

113,500

110,000

114,000

110,500

115,000

95 or more

111,000

115,500

Gross Weight Table 2

Vehicles with two (2) consecutive sets of tandem axles with a distance of less than 22 feet between the first and last axles of the consecutive sets shall comply with Gross Weight Table 1.

Distance in feet between the extremes of the first and last axle of any vehicle or vehicle combinations

Maximum gross weight in pounds

43,500

45,000

48,000

50,000

52,000

54,000

56,000

58,000

62,000

64,000

65,000

66,000

67,000

68,000

69,000

70,000

71,000

72,000

74,000

75,000

76,000

77,000

77,400

78,300

48 or more

80,000

History

Effective 2025-04-30

Wyo. Code R. 045.0004.5.04302025 § 4 Permit-issuing Authorities and Permit Types Available

(a) Authorized Permit-issuing Authorities. Subject to the conditions in these rules, the following are authorized to issue permits for moving non-divisible oversize and/or overweight loads and vehicles:

(i) Wyoming Highway Patrol

(A) Port of entry personnel;

(B) Overweight Loads Office (OWL); and

(b) Class A Permits (Super Loads). Permits that authorize separate movements of non-divisible loads exceeding Class B or Class C limits. Class A permits shall be approved ONLY by the OWL and are issued by permit-issuing authorities. Loads exceeding 18 feet wide or 18 feet high require the carrier to provide at least 24-hour prior notice. Delayed movements shall notify the OWL. Class A permits are subject to any conditions or restrictions imposed.

(i) Any oversize load exceeding 26 feet wide shall not be authorized for state highway travel when the roadway primarily measures 32 feet wide or less. The OWL may grant exceptions for short distances when safety concerns can be addressed.

(c) Class B and C Permits. Permits that authorize separate movements of non- divisible loads not exceeding Class B and C limits.

(d) Class D Permits. Extended period permits that authorize multiple movements of vehicles without loads or with non-divisible loads or vehicles not exceeding the Class D limits. Class D permits are approved for specified vehicles and loads, routes, and times. Class D permits shall be issued as explained in Section 17, Class D Permits, of these rules.

(e) Class E Permits. Oversize permits that authorize separate movements or extended movement periods. Class E permits are effective for one (1) or more months (not exceeding 90 days) to permit hauling forest products, baled hay or corn stalks, or combine headers. Class E permits shall be issued as explained in Section 19, Class E and Class F Permits, of these rules.

(f) Class F Permits. Overweight permits that authorize separate movements or extended movement periods. Class F permits are effective for one (1) or more months (not exceeding 90 days) to permit hauling forest products, sugar beets, gravel, livestock, and agricultural products in trucks that cannot be weighed at the point of loading on primary and secondary highways ONLY. Class F permits shall be issued as explained in Section 19, Class E and Class F Permits, of these rules.

(g) Class W Permits. Permits that authorize multi-piece loads exceeding 117,000 pounds on primary and secondary highways ONLY. Class W permits shall be issued as explained in Section 20, Class W Permits (Multi-piece Loads Exceeding 117,000 Pounds), of these rules.

(h) Off-load Permits. Permits that authorize vehicles or loads exceeding statutory size and/or weight limits that cannot be safely reduced at the location where the violation was discovered. (Please see W.S. 31-18-805[b].) These permits shall not exceed Class B limits without OWL authority. Off-load permits shall be issued as explained in Section 5, Statutory and Administrative Exemptions, of these rules.

(i) Secondary Tow Permits. Permits for weight that shall be issued as explained in Section 5, Statutory and Administrative Exemptions, of these rules.

(j) Emergency Relief Permits. Oversize and/or overweight permits that authorize separate movements or extended movement periods. Emergency relief permits are issued when the Governor or director determines that greater vehicle weight or size will relieve an economic hardship or benefit Wyoming's or another state's general welfare. Emergency relief permits shall be issued as explained in Section 24, Emergency Relief Permits, of these rules.

(k) Prior Operation Permits. Permits that are issued for unauthorized, non- permitted, and/or size and weight violations for exceeding statutory or permit limits.

(l) Class B, C, and D Permit Limits. Permit limits shall not exceed the following:

Measurement

Class B and Class C Limits

Class D Limits

Width

18 feet

12 feet

Height

17 feet

15 feet

Length (single unit or part of a

combination)

Not applicable

75 feet

Length (overall vehicle or combination)

120 feet

Weight (single axle)

25,000 pounds

Weight (single axle when included in a tandem

axle)

29,000 pounds

Measurement

Class B and Class C Limits

Class D Limits

Weight (tandem axle)

55,000 pounds

Weight (triple axle)

65,000 pounds

(i) All other axle groups are governed by the number of axles and axle measurements. Any axle configuration not listed in the Maximum Allowable Table shall be approved by the OWL and may have to be analyzed by the Department's Bridge Program. (See the Maximum Allowable Table at the end of this section.).

Measurement

Class B and Class C Limits

Class D Limits

Gross Weight

160,000 pounds

Weight (single axle with construction or off-road

machinery tires)

55,000 pounds

(ii) Variable Load Suspension Axle. If any axle group containing a variable load suspension axle exceeds legal or allowable weight without using the variable load suspension axle, the variable load suspension axle shall be used to the extent that it assumes sufficient weight to keep the axle group with which it is used within legal weight for a divisible load or permissible weight for a non-divisible load. Note: Variable load suspension axles are known by many names including, but not limited to, flip axle, lift axle, tag axle, and "Joe Dog."

(A) Vehicles equipped with a functional variable load suspension axle shall be required to put the axle into use if the vehicle is overweight and the use of the axle will reduce the amount of overweight on an axle group, an inner bridge, or a gross.

(B) In certain cases, the use of a variable load suspension axle may reduce the allowable weights a vehicle may carry. If the allowable weight is reduced due to decreased bridge between axle groups, and the OWL approves, using the axle is not required.

(m) Non-divisble Loads. Such loads as defined in Section 2(mm) of these rules shall be governed according to the following:

(i) For single units, it shall be permissible to issue a permit to an overweight motor vehicle pulling a trailer if the trailer does not transmit more than 500 pounds tongue weight onto the overweight motor vehicle and/or does not result in a greater overage than the single unit by itself. Carriers using this configuration shall use Weight Table 1.

(A) If possible, all overweight loads shall be arranged to equalize the weight approximately between axles or axle groups.

(ii) When an oversize load includes two (2) or more items hauled along with a one-piece oversize item that has been permitted for its oversize, the two (2) or more pieces shall be allowed if the entire load is being transported or hauled on the same vehicle or trailer, and their combined dimensions do not exceed the dimensions or change the configuration of the permitted portion of the load.

(A) Under no circumstances shall the permitted portion be allowed for the continuous transportation of divisible oversize loads.

(n) Oversize Vehicle Transport of Legal Loads. Oversize vehicles may be used to transport legal loads that are smaller and lighter than the vehicles were designed to transport; however, all oversize and/or overweight loads shall meet non-divisible load requirements. Appropriate permits shall also be required for all moves.

(o) Oversize and/or Overweight Vehicles and/or Loads On or Near Highways. Oversize and/or overweight vehicles or loads meeting allowable Class B and Class C limits shall not be required to obtain a permit if the load or vehicle is crossing a highway, upon the highway surface, or perpendicular to the highway, but shall comply with the safety measures in Section 8, Safety Measures and Moves. Any movement of this type that exceeds Class B and Class C limits shall obtain proper authorization from the OWL before beginning the move.

MAXIMUM ALLOWABLE TABLE

Axles are shown together if the distance from center to center of two (2) consecutive axles is less than seven (7) feet, six (6) inches.

AXLE CONFIGURATION (NUMBER OF AXLES)

MAXIMUM WEIGHTS

25,000

55,000

OOO

65,000

OOOO

74,000

OOOOO

85,000

OOOOOO

90,000

3 AXLES

(Not to exceed 25,000 on a single axle or 55,000 on a 2- axle group)

MAXIMUM WEIGHTS

8' OO

70,000

9' OO

71,000

10' OOO

72,000

11' OO

73,500

12' OOO

75,000

13' OO

77,500

14' OO

80,000

4 AXLES

SINGLE AXLE/3-AXLE GROUP

(Not to exceed 25,000 on a single axle or 65,000 on a 3- axle group)

MAXIMUM WEIGHTS

8' OOO

81,000

9' OOO

81,500

10' OOO

82,000

11' OOO

84,000

12' OOO

86,000

13' OOO

88,000

14' OOO

90,000

TANDEM/TANDEM COMBINATION

(Not to exceed 55,000 on either 2-axle group)

MAXIMUM WEIGHTS

8' OO

84,000

9' OO

88,000

10' OO

92,000

11' OO

96,000

12' OO

100,000

13' OO

104,000

14' OO

106,000

15' OO

108,000

16' OO

110,000

TANDEM/SINGLE/SINGLE COMBINATION

MAXIMUM WEIGHTS

83,000

55,000

14,000

90,000

50,000

20,000

92,000

42,000

25,000

12'

95,000

55,000

20,000

10'

89,000

55,000

17,000

10'

94,000

50,000

22,000

10'

96,000

46,000

25,000

10'

97,000

55,000

21,000

12'

100,000

50,000

25,000

12'

100,000

55,000

22,500

14'

105,000

55,000

25,000

5 AXLES

(Not to exceed 55,000 on either 2-axle group)

MAXIMUM WEIGHTS

8' OO

84,000

9' OO

88,000

10' OO

92,000

11' OO

96,000

12' OO

100,000

13' OO

104,000

14' OO

106,000

15' OO

108,000

16' OO

110,000

5 AXLES

3-AXLE GROUP/TANDEM COMBINATION

(Not to exceed 65,000 on a 3-axle group or 55,000 on a 2- axle group)

MAXIMUM WEIGHTS

OOO

8' OO

90,000

OOO

9' OO

92,000

OOO

10' OO

94,000

OOO

11' OO

97,000

OOO

12' OO

100,000

13' OO

102,500

OOO

14' OO

105,000

OOO

15' OO

108,000

OOO

16' OO

111,000

OOO

17' OO

115,500

OOO

18' OO

120,000

SINGLE/4-AXLE GROUP COMBINATION

(Not to exceed 25,000 on a single axle or74,000 on a 4-axle group)

MAXIMUM WEIGHTS

8' OOOO

86,000

9' OOOO

87,000

10' OOOO

88,000

11' OOOO

89,500

12' OOOO

91,000

13' OOOO

93,500

14' OOOO

96,000

15' OOOO

97,500

16' OOOO

99,000

6 AXLES

3-TANDEM COMBINATION

(Not to exceed 55,000 on any tandem axle)

MAXIMUM WEIGHTS

8' OO 8' OO

102,000

9' OO 9' OO

106,500

10' OO 10' OO

111,000

11' OO 11' OO

117,000

12' OO 12' OO

123,000

13' OO 13' OO

129,000

14' OO 14' OO

135,000

15' OO 15' OO

145,500

16' OO 16' OO

156,000

17' OO 17' OO

160,500

18' OO 18' OO

165,000

3-AXLE GROUP/3-AXLE GROUP COMBINATION

(Not to exceed 65,000 on either 3-axle group)

MAXIMUM WEIGHTS

OOO

8' OOO

96,000

OOO

9' OOO

100,000

OOO

10' OOO

104,000

OOO

11' OOO

107,000

OOO

12' OOO

110,000

OOO

13' OOO

113,000

OOO

14' OOO

116,000

OOO

15' OOO

120,000

OOO

16' OOO

124,000

OOO

17' OOO

127,000

OOO

18' OOO

130,000

4-AXLE GROUP/TANDEM COMBINATION

(Not to exceed 74,000 on a 4-axle group or 55,000 on a 5- axle group)

MAXIMUM WEIGHTS

OOOO

8' OO

88,000

OOOO

9' OO

90,000

OOOO

10' OO

98,000

OOOO

11' OO

101,000

OOOO

12' OO

103,000

OOOO

13' OO

106,000

OOOO

14' OO

110,000

OOOO

15' OO

114,000

OOOO

16' OO

119,000

OOOO

17' OO

126,000

OOOO

18' OO

129,000

SINGLE AXLE/5-AXLE GROUP COMBINATION

(Not to exceed 25,000 on a single axle or 85,000 on a 5-axle group)

MAXIMUM WEIGHTS

8' OOOOO

92,000

9' OOOOO

93,500

10' OOOOO

95,000

11' OOOOO

96,000

12' OOOOO

97,000

13' OOOOO

98,000

14' OOOOO

99,000

15' OOOOO

100,000

16' OOOOO

101,000

17' OOOOO

101,500

18' OOOOO

102,000

SINGLE AXLES IN COMBINATION

(Not to exceed 25,000 on any single axle)

MAXIMUM WEIGHTS

9' O

50,000

9' O 9' O

75,000

9' O 9' O 9' O

100,000

9' O 9' O 9' O 9' O

22,500 per axle

112,500

9' O 9' O 9' O 9' O 9' O

22,500 per axle

135,000

10' O 10' O 10' O 10' O

25,000 per axle

125,000

10' O 10' O 10' O 10' O 10' O

25,000 per axle

150,000

4-AXLE GROUP/3-AXLE GROUP COMBINATION

(Not to exceed 74,000 on a 4-axle group or 65,000 on a 3- axle group)

MAXIMUM WEIGHTS

OOOO

8' OOO

97,000

OOOO

9' OOO

100,000

OOOO

10' OOO

104,000

OOOO

11' OOO

107,000

OOOO

12' OOO

111,000

OOOO

13' OOO

115,000

OOOO

14' OOO

121,000

OOOO

15' OOO

127,000

OOOO

16' OOO

135,000

OOOO

17' OOO

139,000

5-AXLE GROUP/TANDEM COMBINATION

(Not to exceed 85,000 on a 5-axle group or 55,000 on a tandem axle)

MAXIMUM WEIGHTS

OOOOO

13' OO

112,000

OOOOO

14' OO

114,000

OOOOO

15' OO

116,000

OOOOO

16' OO

118,000

History

Effective 2025-04-30

Wyo. Code R. 045.0004.5.04302025 § 5 Statutory and Administrative Exemptions

The following have been exempted from one (1) or more statutory limits:

(a) Primary Tow of Damaged, Disabled, or Abandoned Oversize Vehicles (as prescribed in W.S. 31-18-808[a]) to the Nearest Point of Safekeeping. Any subsequent (secondary) move of disabled oversize vehicles shall be reduced to meet non-divisible load requirements and shall require a separate oversize permit.

(b) Primary Tow of Damaged, Disabled, or Abandoned Overweight Vehicles. If a wrecker and/or combination unit is overweight when it is towing a vehicle or combination from a crash or motorist assist, the primary move shall be exempt from any permits whether traveling by a port of entry or to the nearest point of safekeeping. Any subsequent (secondary) moves by a towing or wrecker company of a damaged, disabled, or abandoned overweight vehicle or combination after the first movement shall require a permit. Secondary tow permits for subsequent moves are available for a maximum of one (1) year for a $50 fee per tow truck and shall be reduced to meet non-divisible load requirements. Weights shall not exceed Class B limits.

(c) Implements and Produce of Husbandry. Please see Section 21, Implements and Produce of Husbandry Moved by Farmers and Ranchers, and Section 22, Implement Dealers, of these rules.

(d) Forest Products, Gravel, and Agricultural Products. For such products that cannot be weighed at point of loading on primary and secondary highways ONLY, please see Section 19, Class E and Class F Permits, of these rules.

(e) Permits for Multi-piece Divisible Loads (Exceeding 117,000 Pounds) on Primary and Secondary Highways ONLY. Please see Section 20, Class W Permits (Multi- piece Loads Exceeding 117,000 Pounds), of these rules.

(f) Non-commercial Motor Homes, House Trailers, and Truck Campers in Compliance with W.S. 31-18-802(a)(i)(A). Please see Section 18, Moves of Recreation Vehicles, of these rules.

(g) Off-load Permits. If the Department permit-issuing authority determines that a vehicle or load exceeding statutory limits cannot safely be reduced at the location where the violation was discovered, an off-load permit may be issued. These permits authorize separate movements of divisible loads not exceeding Class B limits without Overweight Loads Office (OWL) authority to the nearest location (figured by determining the least number of miles traveled on any highway) for reduction in size and/or weight. If the Department determines that carriers are abusing this permit, the load shall be reduced at the violation location or returned to point of loading, regardless of the cost or inconvenience to the carrier.

(h) Over-the-road Buses, Public Transit Buses, or Motor Homes. The weight limit on a single axle is increased to 24,000 pounds on interstate highways with a one-mile allowance to access terminals and facilities for food, fuel, repairs, and rest. As used in this

paragraph, "motor home" means a multipurpose passenger vehicle with motive power that is designed to provide temporary residential accommodations, as evidenced by the presence of at least four (4) of the following facilities:

(i) Cooking;

(ii) Refrigeration or ice box;

(iii) Self-contained toilet;

(iv) Heating and/or air conditioning;

(v) Potable water supply system, including faucet and a sink; and

(vi) Separate 100- to 125-volt electrical power supply and/or propane.

(i) Stinger-steered Automobiles. These vehicles may exceed 60 feet in single vehicle length, and the power unit may haul freight on backhauls while remaining classified as a truck-tractor, if the combination's overall length does not exceed 80 feet and the overhang does not exceed four (4) feet to the front and six (6) feet to the rear. As used in this paragraph, "overall length" does not include load overhangs or extendable ramps (flippers) used to achieve the overhangs only when the flippers are supporting a vehicle. "Stinger-steered" means a truck- tractor semi-trailer wherein the fifth wheel is located on a drop frame behind and below the

power unit's rearmost axle.

(j) Towaway Trailers Transport Combinations. Such combinations that do not have an overall length more than 82 feet are exempt from the 48-foot length on the semi-trailer and 40-foot length on the trailer or second semi-trailer specified in W.S. 31-18-802(a)(iv)(B). As used in this paragraph, "towaway trailer transporter combination" means a truck-tractor, semi-trailer, trailer, or double semi-trailer combination with a maximum total weight of 26,000 pounds and in which the trailers or semi-trailers carry no property and constitute inventory property of a manufacturer, distributor, or dealer of such trailers or semi-trailers (Fixing

America's Surface Transportation or FAST Act Section 5523). Note: this subsection refers to the combination's trailer lengths.

(k) Emergency Vehicles. As used in this paragraph, "emergency vehicle" means a vehicle designed for use under emergency conditions to transport personnel and equipment, support fire suppression, and mitigate other hazardous situations.

(i) These vehicles shall be allowed the following maximum gross vehicle weights (GVWs) on interstate highways ONLY with a one-mile allowance to access terminals and facilities for food, fuel, repairs, and rest:

(A) 86,000 pounds total maximum GVW;

(B) 24,000 pounds on a single steering axle;

(D) 62,000 pounds on a tandem axle; and

(E) 52,000 pounds on a tandem rear drive steer axle.

(ii) An emergency vehicle within the specific weight limits listed in the previous subsection (k)(i)(A-E), shall not require an overweight permit. If the emergency vehicle is not responding to a local emergency and exceeds Class B limits, the carrier shall obtain authorization from the OWL before traveling on any Wyoming highway.

(l) Natural Gas Vehicles. If operated by an engine fueled primarily by natural gas, such vehicles may exceed any vehicle weight limit up to an 82,000-pound maximum GVW by an amount that is equal to the difference between the vehicle weight attributable to the natural gas tank and fueling system carried by the vehicle and weight of a comparable diesel tank and fueling system on interstate highways with a one-mile allowance to access terminals and facilities for food, fuel, repairs, and rest.

(i) A vehicle may exceed these limits on the power unit for single axle, tandem axle, and federal bridge formula maximum weights if the weight on the power unit does not exceed 2,000 pounds and total GVW does not exceed 82,000 pounds.

(m) Motor Vehicles with Idle Reduction Technology or Auxiliary Power Units (APUs). Motor vehicles that use an idle reduction technology or APU to promote fuel use and emissions reductions from engine idling may be allowed up to an additional 550 pounds total in gross axle or bridge formula weight limits.

(i) To be eligible for this exception, the vehicle operator shall prove the

following:

(A) APU weight by written certification; and

(B) Demonstration and certification that the idle reduction technology

functions at all times.

(ii) Written APU weight certification shall be available if the vehicle is found to be overweight. The additional weight allowed cannot exceed 550 pounds or the weight certified, whichever is less.

History

Effective 2025-04-30

Wyo. Code R. 045.0004.5.04302025 § 6 Permit Fees

(a) Class A, B, C, Prior-operation, and Off-load Permit Fees for Oversize Loads.

Fees shall be $25 for any vehicle or load exceeding the statutory limits, plus an additional three

(3) cents for each foot or fraction thereof exceeding the following dimensions for each mile traveled:

(i) Width: 15 feet;

(ii) Height: 15 feet; and

(iii) Length (single unit): 75 feet.

(b) Class A, B, C, D, Prior-operation, and Off-load Permit Fees for Overweight Loads. Fees shall be six (6) cents for each ton or fraction thereof exceeding the statutory limits for each mile traveled, with a $40 minimum fee.

(c) Loads Exceeding 125 Tons (250,000 pounds) or Allowable Weights. Permits for such loads may require additional analysis to determine routing, structure, and highway capabilities to withstand the load. Permits shall not be issued until the permit holder has paid all costs the Department incurs to process the permit. These costs shall include amounts spent analyzing routes and the cost of sending personnel to accompany load movement.

(d) Class D Permit Fees. Fees are $50 for oversize and $40 (minimum) for overweight. The overweight fee is computed at six (6) cents per ton mile or fraction thereof on weight exceeding the statutory limit. The applicant shall declare the total mileage when applying.

(e) Class E and F Permit Fees. Fees are as follows:

(i) $15 fee for a single trip permit, and

(ii) $50 fee for an extended period not exceeding 90 days.

(f) Commercial Moves for Oversize Recreational Vehicles. The permit fee shall be $250.

(g) Custom Harvest Fee. The fee for a 90-day permit is $50 for oversize and $40 (minimum) for overweight. The overweight fee is computed at six (6) cents per ton mile or fraction thereof on weight exceeding the statutory limit.

History

Effective 2025-04-30

Wyo. Code R. 045.0004.5.04302025 § 7 Permitted Hours and Dates of Movement; Weather Conditions

(a) The movement of any oversize load or vehicle shall be made only during daylight hours, except for the following:

(i) With Wyoming Highway Patrol (WHP) permission.

(ii) A single unit as part of a combination exceeding 60 feet long, properly permitted, signed, and lighted as required in Section 8, Safety Measures and Moves, if the overall combination length is less than 110 feet.

(iii) A single unit alone exceeding 60 feet long, properly permitted, signed, and lighted as required in Section 8, Safety Measures and Moves, if the total single unit length does not exceed 75 feet.

(iv) A load up to 10 feet wide properly permitted and equipped as required in Section 8, Safety Measures and Moves, on INTERSTATE HIGHWAYS ONLY (with a 5-mile allowance given on primary and secondary highways for food, fuel, services, and/or terminal or point of delivery).

(v) If properly permitted, signed, and lighted as required in Section 8, Safety Measures and Moves, and escorted as required in Section 10, Escort Equipment, a vehicle or load responding to an emergency or train derailment location (not including the return trip) as determined by the WHP shall be allowed to operate after hours as follows:

(A) Interstate Highways. A vehicle or load more than 10 feet wide shall have one (1) escort to the rear.

(B) Primary and Secondary Highways. A vehicle or load more than eight (8) feet, six (6) inches wide shall have one (1) front escort and one (1) rear escort.

Section 7(a)(ii).

(vi) Permit-issuing authorities may restrict movements to daylight hours of minimum traffic volume. These hours may be stipulated as a condition of the permit.

(vii) Any load exceeding 18 feet wide shall not be allowed to travel on any primary and secondary highway during hours of local school bus traffic or heavy commuter traffic (as determined by the Overweight Loads Office [OWL]).

(b) Overweight movements meeting legal-size requirements may move with a permit and are not limited to operating during daylight hours.

(c) Permits shall be issued for a reasonable period to complete the movement, but not to exceed four (4) days. The Department shall take extenuating circumstances (such as illness, weather, mechanical problems, and so forth) into account in determining whether to grant an extension. Date extensions may be obtained from the appropriate permit-issuing authority.

(d) Oversize movements requiring escorts shall not be allowed on legal holidays or during local celebrations when heavy local traffic is anticipated. Legal holidays when travel shall be restricted are the following:

(i) New Year's Day - January 1

(ii) Memorial Day - last Monday in May

(iii) Independence Day - July 4

(iv) Labor Day - first Monday in September

(v) Thanksgiving Day - fourth Thursday in November, restricted on Thanksgiving Day only

(vi) Christmas Day - December 25

(e) Moves requiring escorts shall not be permitted to travel from one-half hour after sunset the evening before a holiday until one-half hour before sunrise the day after the holiday.

(i) When a holiday is combined with a weekend for a three-day weekend, these restrictions shall be in force from one-half hour after sunset the day preceding the holiday weekend until one-half hour before sunrise the day following the holiday weekend.

(ii) When a holiday falls on a Saturday, no move requiring escorts shall be permitted from one-half hour after sunset Thursday until one-half hour before sunrise Monday.

(iii) When a holiday falls on a Sunday, no move requiring escorts shall be permitted from one-half hour after sunset Friday until one-half hour before sunrise Tuesday. Permits requiring escorts during holiday weekends or as determined by the OWL may exceed four (4) days.

(f) In cases of extreme emergencies where oversize and/or overweight moves requiring escorts must be made on legal holidays or weekends, the WHP shall be contacted. If the WHP concurs the move is necessary, it shall assist in obtaining the appropriate permission.

(g) The Department or WHP may halt or limit any movement damaging the highway or posing a hazard to the motoring public.

(h) Oversize and/or overweight loads may be restricted during inclement weather on ice- and snow-covered highways. Inclement weather includes conditions that highly impact travel (such as black ice, slick spots, drifted and blowing snow, or reduced visibility). Transportable homes, office trailers, and all other vehicles prone to blowing over or being blown off the highway shall observe closures to light, high-profile vehicles and not travel in strong winds or other extreme blow-over conditions.

(i) Oversize and/or overweight loads shall not be allowed to move if the highway is restricted to no unnecessary travel or if the chain law is in effect. The Department or WHP may restrict specific oversize and/or overweight load movements because of inclement weather. A load may proceed or return to the nearest parking area or town. At no time shall the move continue beyond these points unless WHP approves.

(ii) Weather-related restrictions are as follows:

(A) Class 1 Restriction. This restriction includes mobile homes and all light oversize loads. Generally, when maintenance implements "9-4" conditions, this automatically create a Class 1 Restriction. If maintenance has not issued "9-4" conditions, a trooper may issue a Class 1 Restriction based on the trooper's individual observation of high wind conditions in a particular area.

(B) Class 2 Restriction. Only escorted movements shall be restricted.

restricted.

(D) Class 4 Restriction. All oversize movements shall be restricted.

These restrictions do not apply to loads that are only overweight.

History

Effective 2025-04-30

Wyo. Code R. 045.0004.5.04302025 § 8 Safety Measures and Moves

All oversize and/or overweight movements shall observe the following stipulations during the movement:

(a) Slow-moving Vehicle Emblem. Movements designed for operation at speeds of 25 miles per hour or less shall display a slow-moving vehicle emblem on the rear of the vehicle. Equipment or vehicles being hauled at speeds over 25 miles per hour shall have the slow-moving vehicle emblem covered or removed.

(b) Flags. Oversize movements are confined to daylight hours when travel conditions are favorable, except as provided in Section 7, Permitted Hours and Dates of Movement; Weather Conditions. The minimum flag size is 12 square inches, and flags shall be red or fluorescent orange. Flags shall be placed in the following manner:

(i) Front - fastened to each front corner of the vehicle and/or load if it exceeds legal width.

(ii) Rear - fastened to each rear corner of the vehicle and/or load if it exceeds

legal width.

(iii) Side - fastened to mark any extremity when the extremity is wider than the front or rear of the vehicle and/or load.

(iv) Rear overhang on all oversize loads - fastened to the rear overhang that exceeds the end vehicle by four (4) feet or more.

(A) If the overhang is two (2) feet wide or less, only one (1) flag is

required on the end.

(B) If the overhang exceeds two (2) feet wide, two (2) flags are required to indicate overhang width.

(c) Over Length Loads Authorized to Travel After Daylight Hours. Such loads shall require a red lamp and red reflector on each corner of the load. The lamp and reflector shall be visible from the rear and from each side to indicate maximum overhang. These lights shall be clearly visible at least 1,000 feet from each side and rear of the vehicle.

(d) Overwidth Vehicles or Loads Authorized to Travel After Daylight Hours. Such vehicles or loads shall require an amber clearance light on each front corner and a red clearance light on each rear corner of the load or vehicle, whichever is wider, as well as any extremity or projection. Such loads shall also display a revolving amber light, amber strobe light, or a pair of two-way flashing amber lights at least four (4) inches in diameter on the vehicle. LED assemblies meeting the visibility requirements shall be allowed. These lights shall be clearly visible at least 1,000 feet from the front and rear of the vehicle.

(e) Warning Signs. Oversize movements shall display warning signs that read OVERSIZE LOAD and that are fully visible from the front and rear. The signs shall have a yellow background and be at least 60 inches wide by 10 inches high, with black letters at least eight (8) inches high and one (1) inch wide printed on a single line. The signs shall be kept clean, shall be fully visible, and shall not cover lights, reflectors, or license plates on the vehicle.

(i) Buses longer than 60 feet, but not exceeding 75 feet, shall not be required to display oversize load signs.

(ii) Oversize load signs shall not be displayed on motor vehicles, semi- trailers, trailers, and escort vehicles after they have completed the permitted move or when such vehicles being operated do not exceed size limits.

(f) Mirrors. Motor vehicles constructed or loaded to obstruct the driver's view to the rear from the driver's position shall be equipped with outside mirrors on both sides and located to reflect to the driver a view of the roadway to the rear of the vehicle. If the vehicle is required to have a rear escort, the rear view mirrors do not have to be positioned outside the

dimensions of the vehicle or load to reflect a view of the roadway to the rear of the vehicle. This paragraph in no way supersedes requirements in W.S. 31-5-954 or Title 49 Code of Federal Regulations (C.F.R.) §393.80.

(g) Escorts for Width. Two (2) escorts (one front and one rear) shall be required on two-lane primary and secondary routes when any portion of the vehicle or load extends to the left of the highway centerline or the movement is 14 feet wide or greater. One (1) escort (rear) shall be required on interstate and divided highways and four-lane roadways with a left turn center lane when the movement is 15 feet wide or greater. An escorted movement primarily traveling on an interstate or divided highway shall be exempt from two-lane route escort requirements when traveling on a two-lane primary or secondary route is necessary to reach a port of entry and the distance traveled on the two-lane route does not exceed five (5) miles. WHP may require additional escorts depending on load width. Escorts shall maintain a distance of approximately 1,000 feet from the oversize load, unless a shorter distance is necessary to provide control over the move.

(h) Escorts for Length. On two-lane primary and secondary routes, two (2) escorts (one front and one rear) shall be required for movements 110 feet in overall length or for moves that extend to the left of the centerline at any time during the move. On interstate and divided highways, one (1) escort to the rear for length shall be required for movements 150 feet or longer in overall length or at the discretion of the OWL. An escorted movement primarily traveling on an interstate or divided highway shall be exempt from two-lane route escort requirements when traveling on a two-lane primary or secondary route is necessary to reach a port of entry and the distance traveled on the two-lane route does not exceed five (5) miles. Escorts shall maintain a distance of approximately 1,000 feet from the oversize load, unless a shorter distance is necessary to provide control over the move.

(i) Escorts for Rear Overhang. One (1) escort to the rear shall be required on all highways for rear overhangs of 25 feet or more. Escorts shall maintain a distance of approximately 1,000 feet from the oversize load, unless a shorter distance is necessary to provide control over the move. If the equipment has a permanent bumper meeting the requirements of 49

C.F.R. §393.86 for rear impact guards and rear end protection, measurements begin at the rear of the bumper. If the equipment does not have a permanent bumper, measurements begin at the rear of the last tire at the back of the equipment.

(j) Escorts for Height. On all highways, any move exceeding 17 feet shall require an escort to the front with a height-measuring device. Permit-issuing authorities have the discretion to require escorts for heights 17 feet or less. An escort for height shall maintain a distance of approximately 1,000 feet from the load, unless a shorter distance is necessary to provide control over the move.

(k) Escorts for Overweight. Any overweight move with special restrictions imposed by the OWL shall require a rear escort on all highways. The OWL may require additional escorts depending on load restrictions. Escorts shall maintain a distance of approximately 1,000 feet from the load, unless a shorter distance is necessary to provide control over the move.

(l) Headlights and Taillights. All oversize vehicles shall have headlights and taillights illuminated and visible during movement.

(m) Utility Moves to Accommodate Load Movements. The permit holder shall determine if the vehicle or load dimensions can traverse the proposed route safely without damaging the highway, appurtenances, overhead wires, or structures. Should lifting overhead wires be necessary, the permit holder shall notify the utility in charge of such wires. The permit holder shall bear all costs incurred unless the wires are lower than regulations require. If the wires are lower than required, the utility shall pay for such costs.

(n) Local Approval. The permit holder shall contact city and/or county officials for approval for transportation on their roads.

(o) Damage. The permit is in no way a guarantee by the State of Wyoming or its agents that the load shall clear any structure or bridge. The applicant operating under this permit assumes full responsibility for all damage to highways, bridges, and appurtenances resulting from transporting the load described in the permit. The permit holder is also responsible for checking weather conditions and size and weight restrictions before and during the movement.

(p) Ports of Entry. All permitted loads shall stop at the first available port of entry, which shall not exceed five (5) miles from its route for each separate movement, and any port of entry along the route if directed by a regulatory sign, unless the permit-issuing authority approves an exception and such an exception is indicated on the permit.

History

Effective 2025-04-30

Wyo. Code R. 045.0004.5.04302025 § 9 Escort Procedures

The following procedures shall be mandatory minimum requirements for all escorted moves:

(a) Speed Limits. All escorted moves shall follow speed limits imposed by the permit-issuing authority.

(b) Route. All moves shall be made on highways designated on the permit. Alternate routes shall not be used without a permit-issuing authority's prior approval.

(c) Time of Movement. All loads requiring escorts shall be made during daylight hours at the times specified on the permit, except in Section 7, Permitted Hours and Dates of Movement; Weather Conditions.

(d) Weather. Escorted loads shall not be allowed to move if the highway is restricted to no unnecessary travel or if the chain law is in effect. The Department or Wyoming Highway Patrol (WHP) may restrict movements of specific oversize and/or overweight loads because of inclement weather. A load may proceed or return to the nearest parking area or town. At no time shall the move continue beyond these points unless approved by the WHP.

(e) Traffic. Escorted movements shall be conducted to minimize any impediment to other highway users. An escorted movement shall move to the highway shoulder whenever vehicular traffic behind the movement becomes congested and shall remain off the main traveled portion of the roadway until the following traffic has cleared. Escort vehicles shall not deviate from their primary travel lane in any attempt to force oncoming traffic off the roadway.

(f) Obstacles. When safety dictates, escorted moves approaching narrow bridges or other obstacles posing potential hazards shall be halted. The move shall be removed from the traveled way until the escort vehicle proceeds past the obstacle and halts approaching traffic. A traffic crash with lane blockage shall be considered an obstacle, and escorted moves shall be

allowed to continue only at WHP's discretion. The escorted movement may proceed past the obstacle when safe.

(g) Minimum Number of Escorts. Please refer to preceding Section 8, Safety Measures and Moves, for escort requirements.

(h) Two (2) Oversize Load Convoys. Two (2) oversize loads, each requiring escorts, may travel together on a two-lane highway and shall maintain a distance of approximately 1,000 feet apart if neither load exceeds 16 feet wide or 110 feet overall length and both loads are less than 16 feet high. One (1) escort in front of the first load and one (1) escort behind the second load shall be maintained at a distance of approximately 1,000 feet from the movement, unless a shorter distance is necessary to control the movement. On interstate or four-lane highways, if neither load exceeds 18 feet wide or 130 feet overall length and both loads are less than 16 feet high, one (1) escort to the second load's rear shall be maintained at a distance of about 1,000 feet, unless a shorter distance is needed to control the movement.

(i) Three (3) Oversize Load Convoys. A third oversize load requiring escorts cannot travel with a group of two (2) oversize loads, but shall remain at a minimum distance of one-half mile from the group unless otherwise authorized by the OWL and shall also have its own escorts.

(j) Four (4) Oversize Load Convoys. A convoy of four (4) oversize loads requiring escorts and not requiring a height pole may travel in two (2) groups separated by a distance of at least one-half mile. Each group shall have its own escorts unless otherwise authorized by the OWL.

(k) Emergency Move Convoys. Emergency moves requiring escorts shall not be allowed to convoy outside daylight hours.

(l) Obstructed Four-lane Divided Highways. When moves are confined to four- lane divided highways, and a segment of one (1) lane is closed for repairs and the other lane is being used for two-way traffic, additional escorts may be required if a special hazard exists or the movement cannot be kept right of the centerline.

(m) Escorted Moves on Interstate and Two-lane Highways. Moves requiring escorts and using the interstate highways and intervening two-lane highways shall need one (1) escort for the interstate and two (2) for the two-lane highways.

(n) Parking. Escort vehicle drivers shall ensure that escorted movements do not park on the highway's main traveled portion or shoulder unless it becomes necessary in an emergency or to pass an obstacle properly. Should it be necessary to park an oversize movement because of an emergency, the load shall be adequately protected by flagmen, flares, an escort vehicle, and/or other suitable warning devices.

History

Effective 2025-04-30

Wyo. Code R. 045.0004.5.04302025 § 10 Escort Equipment

The following requirements are the minimum equipment needed for escorting oversize and/or overweight movements:

(a) Escort Vehicles. Vehicles shall be licensed, single motor vehicles meeting minimum statutory requirements of a motor vehicle. Motorcycles or vehicles in combination shall not be allowed to serve as escort vehicles.

(b) Flashing Lights. Escort vehicles shall display a revolving amber light, amber strobe light, or a pair of two-way flashing amber lights at least four (4) inches in diameter on the vehicle. LED assemblies meeting the visibility requirements shall be allowed. These lights shall be clearly visible at least 1,000 feet from the front and rear of the vehicle. Flashing lights shall not be used when not accompanying an approved permitted move.

(c) Signs. Escort vehicles shall display warning signs as described in Section 8(e) of these rules. Oversize load signs shall not be displayed except when the vehicle is actually escorting an oversize load.

(d) Additional Signs. When the Department designates a bridge as Reduced Speed, a warning sign that reads CAUTION: This vehicle must slow down to 5 mph to cross bridges is required. The signs shall have a yellow background and be at least 60 inches wide by 10 inches high and displayed on the rear of the vehicle or load. The word CAUTION shall be in black letters at least eight (8) inches high and with two-inch wide black lettering for the remaining description. The signs shall be kept clean, shall be fully visible, and shall not cover OVERSIZE LOAD signs, lights, reflectors, or license plates on the vehicle.

(e) Flags. Escort vehicles shall conspicuously display red or fluorescent orange flags mounted on a staff at each end of the oversize load sign. Flags shall be at least 12 square inches.

(f) Headlights. Headlights and taillights on escort vehicles shall be illuminated and visible during movement.

(g) Communications. Escorted vehicles and escort vehicles shall be equipped with two-way radios always capable of transmitting and receiving. Cellular or satellite telephones do not meet this requirement.

(h) Warning and Safety Devices. Escort vehicles shall be equipped with emergency triangles, extra oversize load signs and flags, and a fire extinguisher with a minimum 5-pound capacity and a BC (flammable liquids and electrical equipment) multi-use rating or a 10-pound BC rating for hazardous material loads.

History

Effective 2025-04-30

Wyo. Code R. 045.0004.5.04302025 § 11 Rating and Posting of Highways and Structures

Certain highways and structures may be restricted to loads of less than statutory limits. When a reduced size or weight is necessary, the highway and/or structures shall be posted with maximum allowable limits.

History

Effective 2025-04-30

Wyo. Code R. 045.0004.5.04302025 § 12 Damage to Highways and Structures

(a) Should damage occur to the roadway, structures, or any highway property during an overweight and/or oversize load move, the permit holder shall:

(i) Immediately stop the movement;

(ii) Contact the Department or Wyoming Highway Patrol (WHP); and

(iii) Correct the condition causing the damage.

(b) Regardless of whether a Department inspector accompanies the move, the person or company causing the damage shall reimburse the Department for costs.

(c) Permit issuance or permission shall not be construed to warrant the condition of the highway and/or structures and shall not relieve the holder from responsibility for damages.

History

Effective 2025-04-30

Wyo. Code R. 045.0004.5.04302025 § 13 Penalty for Violation

(a) Any person failing to comply with these rules shall be subject to the penalties set forth in W.S. 31-18-805, and the permit shall be subject to revocation.

(b) Nothing contained in these rules shall be construed to permit an oversize and/or overweight vehicle that has not previously obtained a permit or permission to be operated on Wyoming highways.

History

Effective 2025-04-30

Wyo. Code R. 045.0004.5.04302025 § 14 National Defense

The size and weight limits set forth in these rules shall not apply to special military movements (military vehicle or load and operator/driver) on the highway system.

History

Effective 2025-04-30

Wyo. Code R. 045.0004.5.04302025 § 15 Procedure for Obtaining Classes of Permits

(a) A permit shall be obtained on the Wyoming Highway Patrol (WHP) website or from any permit-issuing authorities as listed in Section 4, Permit-issuing Authorities and Permit Types Available. Individuals and companies requesting any permit class must, at a minimum, gain approval before movement.

(b) Requests for Class A (super load) permit approval shall be made through the Overweight Loads Office (OWL) on the WHP website. Applications for permits may be approved Monday through Friday from 7:30 a.m. to 4:30 p.m. The office is closed on weekends and holidays.

(c) The following information may be needed from individuals and companies requesting any permit class before approval is given:

(i) Name of the company or individual responsible for the move;

(ii) Applicant's address and telephone number;

(iii) Name of the individual requesting permission;

(iv) Definitive description of the load to be moved (make, model number, unit number, serial number, and so forth);

(v) Origin and destination for the move;

(vi) Proposed route of movement, including all highways;

(vii) Total miles to be traveled;

(viii) Axle configuration, including distances between axles and tire size;

(ix) Axle and gross weights;

(x) Overall length, single vehicle length, rear overhang length, width, and height of proposed load;

(xi) All appropriate license numbers, USDOT number, regulatory authority information, and unit numbers; and

(xii) Any other requested information concerning the move.

(d) Individuals or companies without proof of valid base plates and/or registration, a valid USDOT number, or proper regulatory authority (when required) shall not be given a permit or permission.

(e) The permit-issuing authorities as listed in Section 4, Permit-issuing Authorities and Permit Types Available, may impose restrictions, requirements for lighter loads, alternate

routes, or other conditions to ensure the highway system's structural integrity while minimizing the inconvenience to other highway users.

(f) Requests for all permit classes may be approved if the movement does not exceed the limits indicated in the applicable tables. For some moves, a thorough study of the proposed route is necessary and may require 72 or more hours to complete.

(g) Requests for all permit classes shall be processed upon approval and receipt of the proper permit fees.

History

Effective 2025-04-30

Wyo. Code R. 045.0004.5.04302025 § 16 Class D Permits

(a) Permits may be obtained for up to one (1) year. These permits shall authorize the movement of vehicles without a load or meeting non-divisible load requirements. Class D permits shall also authorize the movement of a trailer carrying a recreational boat that exceeds statutory weight limits and/or size limits up to 12 feet wide, 15 feet high, and 75 feet long for single vehicles. Class D permits are not authorized for transportable homes (see Section 4, Permit-issuing Authorities and Permit Types Available).

(b) Class D oversize permits are issued to a specific unit, and, if applicable, a power unit, and/or load (a vehicle identification number or serial number shall be required for each specific piece of equipment indicated on the permit). If a piece of equipment is not shown on the permit, the permit is not valid for the move. Oversize vehicles may transport legal-sized loads if this is indicated on the permit.

(i) If required, vehicles shall be properly qualified with Wyoming registration extended period permits. Trip permits for registration shall not be allowed for extended period permits.

(ii) Multiple legal-sized power units owned or leased and operated by the carrier may be indicated on the permit for size only.

(iii) Oversize power units may pull a trailer if that specific trailer is indicated

on the permit.

(iv) Class D oversize permits shall be obtained from the permit-issuing authorities as listed in Section 4, Permit-issuing Authorities and Permit Types Available. Applicants shall submit the information as directed in Section 16, Procedure for Obtaining Classes of Permits.

(i) Class D overweight permits are issued to a specific power unit, and, if applicable, a specific trailer and/or load (a vehicle identification number or serial number shall be required for each piece of equipment indicated on the permit). If a piece of equipment is not shown on the permit, the permit is not valid for the move. Class D overweight permits shall be accompanied by an original Class D tracking sheet (with the exceptions discussed in following Section 17[c][ii]). If the original tracking sheet is lost, the overweight Class D permit is void.

(ii) The following may be exempt from the Class D tracking sheet

requirements:

(A) Movers of heavy equipment not designed as highway vehicles (such as loaders or scrapers) who are able to supply an accurate number of miles traveled for a limited area (up to a 10-mile radius); or

(B) Carriers who can supply an accurate number of miles by providing specific destinations and the number of trips.

(d) Class D overweight permits shall be requested for the shortest practical period and shall not exceed six (6) months. If the operation will travel on both primary, secondary, and interstate highway systems, the mileage shall be estimated for each system, with a maximum of 5,000 total combined miles. If the fees are figured on the same amount of overweight for primary, secondary, and interstate highways, the permit shall be honored until the total amount of combined miles for the two (2) highway systems is met or the permit expires, whichever comes first.

(e) Any increase in size and/or weight exceeding legal limits or any change in equipment or configuration shall require a new permit.

(f) Violations of a permit's conditions may result in enforcement action including voiding the permit and shall be considered sufficient cause to deny issuance of Class D permits.

(g) The permit fee for oversize is $50. The minimum permit fee for overweight is

$40. The overweight fee is computed at six (6) cents per ton per mile on weight exceeding the statutory limit.

(h) Any operation or movement other than authorized by the Class D permit shall require a Class A, B, C, or an additional D permit as justified by specific conditions.

(i) The permit and original tracking sheet, if required, shall be carried in the specific vehicle. This permit is power unit, trailer, and load specific (vehicle identification number or serial number required) and shall be displayed to any permit-issuing authority or law enforcement upon request.

(j) The following safety regulations govern Class D permits:

(i) All movements shall follow the provisions of Section 8, Safety Measures and Moves, of these rules.

(ii) Self-propelled equipment that requires and is properly displaying a slow- moving emblem may, instead of oversize load signs and flags, display a revolving amber light, an amber strobe light, or a pair of two-way flashing amber lights at least four (4) inches in diameter on the vehicle. LED assemblies meeting the visibility requirements shall be allowed. These lights shall be clean and clearly visible at least 1,000 feet from the front and rear of the vehicle.

(iii) All snow removal equipment may operate 24 hours per day when authorized and stated on the permit. Snow removal equipment may, instead of oversize load signs and flags, display a revolving amber light, an amber strobe light, or a pair of 2-way flashing amber lights at least four (4) inches in diameter on the vehicle. LED assemblies meeting the visibility requirements shall be allowed. These lights shall be clean and clearly visible at least 1,000 feet from the front and rear of the vehicle. Vehicles authorized for snow removal operations may haul sand, for sanding operations or stability, up to the statutory weight limitations.

(iv) Vehicles used only by the Department to clear snow from public highways shall be equipped as specified by the Department.

History

Effective 2025-04-30

Wyo. Code R. 045.0004.5.04302025 § 17 Moves of Recreational Vehicles

(a) Non-commercial moves of overwidth recreational vehicles are governed by the following:

(i) If the vehicle (not including appurtenances) does not exceed eight (8) feet, six (6) inches wide, no permit is required.

(ii) If the vehicle (not including appurtenances) exceeds eight (8) feet, six (6) inches wide, an oversize permit shall be required. This may be in the form of a single trip Class B or Class D permit.

(b) Commercial moves of overwidth recreational vehicles are provided for in W.S. 31-18-804(d), when the proper fee is collected and a copy of the permit is carried in the vehicle. This may be in the form of a single trip Class B, Class D, or an Oversize Recreational Vehicle permit. This permit may be obtained for up to one (1) year, authorizing the movement of one (1) or more motor homes, house trailers, or truck campers that exceed statutory width. The oversize fee for such a permit shall be $250.

(c) Motor vehicles constructed or loaded to obstruct the driver's view to the rear from the driver's position shall be equipped with outside mirrors on both sides, which shall be located to reflect to the driver a view of the roadway to the rear of the vehicle.

(d) The following safety regulations govern overwidth recreational vehicles:

(i) No additional safety requirements, as explained in Section 8, Safety Measures and Moves, are imposed upon the movements of recreational vehicles if the vehicle (not including appurtenances) does not exceed eight (8) feet, six (6) inches wide.

(ii) Moves of recreational vehicles (not including appurtenances) exceeding eight (8) feet, six (6) inches wide shall comply with the provisions of Section 8, Safety Measures and Moves.

(A) Instead of oversize signs and flags as required in Section 8, Safety Measures and Moves, moves of recreational vehicles may display a revolving amber light, amber strobe light, or a pair of two-way flashing amber lights at least four (4) inches in diameter on the vehicle. LED assemblies meeting the visibility requirements shall be allowed. These lights shall be clean and clearly visible at least 1,000 feet from the front and rear of the vehicle.

(e) Recreational vehicles exceeding any other legal limit imposed by W.S. 31-18-802 other than width are required to comply with the specific statutory requirement.

History

Effective 2025-04-30

Wyo. Code R. 045.0004.5.04302025 § 18 Class E and Class F Permits

(a) Class E Permits.

(i) Permits may be obtained for hauling forest products up to 112 inches (9 feet, 4 inches) wide and 15 feet high or hauling baled hay or corn stalks or combine headers up to 150 inches wide (12 feet, 6 inches) and 15 feet high. No single load component may exceed 102 inches (8 feet, 6 inches) wide.

(ii) A single trip permit may be obtained from permit-issuing authorities as listed in Section 4, Permit-issuing Authorities and Permit Types Available, for a $15 fee.

(iii) A permit for 90 days may be obtained from permit-issuing authorities as listed in Section 4, Permit-issuing Authorities and Permit Types Available, for a $50 fee.

(iv) Vehicles shall be properly qualified with Wyoming registration for extended period permits. Trip permits for registration shall not be allowed for extended period permits.

(v) Movements under these permits shall comply with the provisions of Section 8, Safety Measures and Moves.

(vi) The permit shall be carried in the specified vehicle. This permit is vehicle and load specific and shall be displayed to any permit-issuing authority or law enforcement upon request.

(vii) Class E permits shall specify only one (1) power unit, but may list multiple trailer plate information.

(b) Class F Permits.

(i) Permits may be obtained, exclusive of interstate highways, for hauling forest products, sugar beets, gravel, livestock, and agricultural products in vehicles that cannot be weighed at point of loading. Permits shall not be issued for more than 10 percent over legal axle weights and more than 5,000 pounds over legal gross weights (including inner bridges) allowed under Gross Weight Table 1.

(ii) A single trip permit may be obtained from permit-issuing authorities as listed in Section 4, Permit-issuing Authorities and Permit Types Available, for a $15 fee.

(iii) A permit for 90 continuous days may be obtained from permit-issuing authorities as listed in Section 4, Permit-issuing Authorities and Permit Types Available, for a

$50 fee.

(iv) Vehicles shall be properly qualified with Wyoming registration for extended period permits. Trip permits for registration shall not be allowed for extended period permits.

(v) The permit shall be carried in the specified vehicle. The permit is vehicle specific and shall be displayed to any permit-issuing authority or law enforcement upon request.

(vi) Permits shall specify only one (1) power unit, but may list multiple trailer plate information.

History

Effective 2025-04-30

Wyo. Code R. 045.0004.5.04302025 § 19 Class W Permits (Multi-piece Loads Exceeding 117,000 Pounds)

(a) The director or an authorized representative may issue Class W permits for vehicles at weights exceeding the limits allowed in W.S. 31-18-802(a)(vi) (shown in Gross Weight Table 1 of these rules). To qualify for such a permit, these vehicles shall be required to

meet the axle and bridge formula specifications of Title 23 United States Code (U.S.C.) §127 (shown in Gross Weight Table 3) and pursuant to Section 335 of the Department of Transportation and Related Agencies Appropriations Act 1991 (104 Statute 2186), Public Law 101-516; and Sections 1023 (d)(1)(A) and (B) of the Intermodal Surface Transportation Efficiency Act of 1991. Permit fees for vehicles operating under this provision shall be paid in accordance with the following rules:

(i) A power unit receiving a Class W permit shall be capable of maintaining a speed of 25 miles per hour on a grade of 5 percent or less when fully loaded.

(ii) Permits may be granted for legal-size vehicles meeting the qualifications found in this section of rules to travel on highways exclusive of interstates.

(iii) Permits may be valid for one (1) year from the issue date. Permits may be obtained from the Overweight Loads Office (OWL). If the company is in compliance with the following paragraph (v), a single trip permit may be obtained from permit-issuing authorities listed in preceding Section 4, Permit-issuing Authorities and Permit Types Available, for a six- cent fee for each ton or fraction of a ton exceeding the statutory limits for each mile traveled, with a minimum $40 fee.

(iv) Permit fees shall be in accordance with Table 4, Fees.

(v) Carriers shall not have a conditional or unsatisfactory safety rating to be eligible for Class W permits. Carriers may be eligible to apply for a Class W permit one (1) year after receiving a USDOT number.

(vi) The OWL may audit company records related to Class W permits as necessary to ensure compliance. Carriers shall maintain records for three (3) years.

(vii) Application and permit fees shall be non-refundable. However, a vehicle permit may be transferred to another power unit for a $25 fee if the permitted unit is sold or wrecked.

(viii) Companies shall be required to furnish a certified affidavit of mileage for each vehicle permitted. An entire fleet may be permitted by using the average of all Wyoming miles as established by the previous year's International Registration Plan (IRP) record or other certified record. Vehicles shall be registered in Wyoming for at least 117,000 pounds.

(ix) Any changes in weights and/or mileage shall require the issuance of a new permit with corresponding fees.

(b) The following are penalties for violations:

(i) Any person failing to comply with these rules shall be subject to the penalties set forth in W.S. 31-18-805, and the permit shall be subject to revocation.

(ii) Violating the permit's condition shall void the permit and shall be construed as operating without a permit. The individual power unit permit shall also be canceled.

(iii) Applications and permits of individuals or companies shall be canceled after three (3) violations in a 12-month period.

(iv) Canceled carriers shall submit a new application and pay all required fees (including application fee) for individual power units.

(i) Individuals and companies requesting these permits shall complete a written application and pay a non-refundable $100 application fee.

(ii) Applications may be obtained by writing or contacting the Overweight Loads Office, 5300 Bishop Blvd., Cheyenne, WY, 82009-3340. Carriers may also obtain an application from the Wyoming Highway Patrol (WHP) website.

(iii) Though application and permit fees are non-refundable, a vehicle permit shall be transferable to another power unit for $25 if the permitted unit is sold or wrecked.

Gross Weight Table 3

Bridge

7 axles

8 axles

9 axles

10 axles

11 axles

12 axles

13 axles

14 axles

117,000

117,500

118,000

118,500

119,500

120,000

120,500

121,000

121,500

122,000

116,500

122,500

117,500

123,000

106,500

112,000

118,000

123,500

108,000

113,500

119,500

125,000

107,500

113,000

119,000

124,500

108,000

113,500

119,500

125,000

108,500

114,000

120,000

126,000

109,000

115,000

120,500

126,500

109,500

115,500

121,000

127,000

110,000

116,000

121,500

127,500

111,000

116,500

122,000

128,000

111,500

117,000

122,500

128,500

112,000

117,500

123,500

129,000

112,500

118,000

124,000

129,500

113,000

118,500

124,500

130,000

113,500

119,000

125,000

130,500

Gross Weight Table 3 (continued)

Bridge

7 axles

8 axles

9 axles

10 axles

11 axles

12 axles

13 axles

14 axles

114,000

119,500

125,500

131,000

114,500

120,500

126,000

131,500

115,000

121,000

126,500

132,500

116,000

121,500

127,000

133,000

116,500

122,000

127,500

133,500

117,000

122,500

128,000

134,000

117,500

123,000

128,500

134,500

118,000

123,500

129,500

135,000

118,500

124,000

130,000

135,500

119,000

124,500

130,500

136,000

119,500

125,000

131,000

136,500

120,000

126,000

131,500

137,000

121,000

126,500

132,000

137,500

121,500

127,000

132,500

138,000

122,000

127,500

133,000

139,000

122,500

128,000

133,500

139,500

117,500

123,000

128,500

134,000

140,000

118,000

123,500

129,000

134,500

140,500

118,500

124,000

129,500

135,500

141,000

119,000

124,500

130,000

136,000

141,500

120,000

125,000

130,500

136,500

142,000

120,500

126,000

131,500

137,000

142,500

121,000

126,500

132,000

137,500

143,000

121,500

127,000

132,500

138,000

143,500

122,000

127,500

133,000

138,500

144,000

117,500

122,500

128,000

133,500

139,000

144,500

Gross Weight Table 3 (continued)

Bridge

7 axles

8 axles

9 axles

10 axles

11 axles

12 axles

13 axles

14 axles

118,000

123,000

128,500

134,000

139,500

145,500

151,000

118,500

124,000

129,000

134,500

140,000

146,000

151,500

119,000

124,500

129,500

135,000

140,500

146,500

152,000

119,500

125,000

130,000

135,500

141,500

147,000

152,500

120,500

125,500

131,000

136,000

142,000

147,500

153,000

116,000

121,000

126,000

131,500

137,000

142,500

148,000

153,500

116,500

121,500

126,500

132,000

137,500

143,000

148,500

154,000

117,000

122,000

127,000

132,500

138,000

143,500

149,000

155,000

117,500

122,500

127,500

133,000

138,500

144,000

149,500

155,500

100

118,500

123,000

128,000

133,500

139,000

144,500

150,000

156,000

101

119,000

123,500

129,000

134,000

139,500

145,000

150,500

156,500

102

119,500

124,500

129,500

134,500

140,000

145,500

151,000

157,000

103

120,000

125,000

130,000

135,000

140,500

146,000

152,000

157,500

104

120,500

125,500

130,500

136,000

141,000

146,500

152,500

158,000

105

121,000

126,000

131,000

136,500

141,500

147,500

153,000

106

122,000

126,500

131,500

137,000

142,500

148,000

153,500

107

122,500

127,000

132,000

137,500

143,000

148,500

154,000

108

123,000

127,500

132,500

138,000

143,500

149,000

154,500

109

123,500

128,500

133,500

138,500

144,000

149,500

155,000

110

124,000

129,000

134,000

139,000

144,500

150,000

155,500

111

124,500

129,500

134,500

139,5000

145,000

150,500

156,000

112

125,500

130,000

135,000

140,000

145,500

151,000

156,500

113

126,000

130,500

135,500

141,000

146,000

151,500

157,000

114

126,500

131,000

136,000

141,500

146,500

152,000

157,500

115

127,000

131,500

136,500

142,000

147,000

152,500

158,000

116

127,500

132,500

137,000

142,500

148,000

153,500

117

128,000

133,000

138,000

143,000

148,500

154,000

118

129,000

133,500

138,500

143,500

149,000

154,500

Gross Weight Table 3 (continued)

Bridge

7 axles

8 axles

9 axles

10 axles

11 axles

12 axles

13 axles

14 axles

119

129,500

134,000

139,000

144,000

149,500

155,000

120

130,000

134,500

139,500

144,500

150,000

155,500

121

130,500

135,000

140,000

145,000

150,500

156,000

122

131,000

135,500

140,500

146,000

151,000

156,500

123

131,500

136,500

141,000

146,500

151,500

157,000

124

132,500

137,000

141,500

147,000

152,000

157,500

125

133,000

137,500

142,500

147,500

152,500

158,000

126

133,500

138,000

143,000

148,000

153,500

127

134,000

138,500

143,500

148,500

154,000

128

134,500

139,000

144,000

149,000

154,500

129

135,000

139,500

144,500

149,500

155,000

130

136,000

140,500

145,000

150,000

155,500

131

136,500

141,000

145,500

151,000

156,000

132

137,000

141,500

146,000

151,500

156,500

133

137,500

142,000

147,000

152,000

157,000

134

138,000

142,500

147,500

152,500

157,500

135

138,500

143,000

148,000

153,000

158,000

136

139,500

143,500

148,500

153,500

Table 4, Fees

Tons Over 117,000 Pounds Gross Vehicle Weight (GVW)

Miles

1 to 25,000

$38

$75

$113

$150

$188

$225

$263

$300

25,001 to 50,000

$75

$150

$225

$300

$375

$450

$525

$600

50,001 to 75,000

$113

$225

$338

$450

$563

$675

$788

$900

75,001 to 100,000

$150

$300

$450

$600

$750

$900

$1,050

$1,200

100,001 to125,000

$188

$375

$563

$750

$938

$1,125

$1,313

$1,500

125,001 to 150,000

$225

$450

$675

$900

$1,125

$1,350

$1,575

$1,800

150,001 to 175,000

$263

$525

$788

$1,050

$1,313

$1,575

$1,838

$2,100

175,001 to 200,000

$300

$600

$900

$1,200

$1,500

$1,800

$2,100

$2,400

200,001 to 225,000

$338

$675

$1,013

$1,350

$1,688

$2,025

$2,363

$2,700

225,001 to 250,000

$375

$750

$1,125

$1,500

$1,875

$2,250

$2,625

$3,000

250,001 to 275,000

$413

$825

$1,238

$1,650

$2,063

$2,475

$2,888

$3,300

275,001 to 300,000

$450

$900

$1,350

$1,800

$2,250

$2,700

$3,150

$3,600

300,001 to 325,000

$488

$975

$1,463

$1,950

$2,438

$2,925

$3,413

$3,900

325,001 to 350,000

$525

$1,050

$1,575

$2,100

$2,625

$3,150

$3,675

$4,200

350,001 to 375,000

$563

$1,125

$1,688

$2,250

$2,813

$3,375

$3,938

$4,500

375,001 to 400,000

$600

$1,200

$1,800

$2,400

$3,000

$3,600

$4,200

$4,800

400,001 to 425,000

$638

$1,275

$1,913

$2,550

$3,188

$3,825

$4,463

$5,100

425,001 to 450,000

$675

$1,350

$2,025

$2,700

$3,375

$4,050

$4,725

$5,400

450,001 to 475,000

$713

$1,425

$2,138

$2,850

$3,563

$4,275

$4,988

$5,700

475,001 to 500,000

$750

$1,500

$2,250

$3,000

$3,750

$4,500

$5,250

$6,000

All fees are based on total miles traveled in Wyoming for each power unit.
Mileages and weights exceeding any given value in the preceding table shall be calculated at the next highest value.

Table 4, Fees (continued)

Tons Over 117,000 Pounds GVW

Miles

1 to 25,000

$338

$375

$413

$450

$488

$525

$563

25,001 to 50,000

$675

$750

$825

$900

$975

$1,050

$1,125

50,001 to 75,000

$1,013

$1,125

$1,238

$1,350

$1,463

$1,575

$1,688

75,001 to 100,000

$1,350

$1,500

$1,650

$1,800

$1,950

$2,100

$2,250

100,001 to125,000

$1,688

$1,875

$2,063

$2,250

$2,438

$2,625

$2,813

125,001 to 150,000

$2,025

$2,250

$2,475

$2,700

$2,925

$3,150

$3,375

150,001 to 175,000

$2,363

$2,625

$2,888

$3,150

$3,413

$3,675

$3,938

175,001 to 200,000

$2,700

$3,000

$3,300

$3,600

$3,900

$4,200

$4,500

200,001 to 225,000

$3,038

$3,375

$3,713

$4,050

$4,388

$4,725

$5,063

225,001 to 250,000

$3,375

$3,750

$4,125

$4,500

$4,875

$5,250

$5,625

250,001 to 275,000

$3,713

$4,125

$4,538

$4,950

$5,363

$5,775

$6,188

275,001 to 300,000

$4,050

$4,500

$4,950

$5,400

$5,850

$6,300

$6,750

300,001 to 325,000

$4,388

$4,875

$5,363

$5,850

$6,338

$6,825

$7,313

325,001 to 350,000

$4,725

$5,250

$5,775

$6,300

$6,825

$7,350

$7,875

350,001 to 375,000

$5,063

$5,625

$6,188

$6,750

$7,313

$7,875

$8,438

375,001 to 400,000

$5,400

$6,000

$6,600

$7,200

$7,800

$8,400

$9,000

400,001 to 425,000

$5,738

$6,375

$7,013

$7,650

$8,288

$8,925

$9,563

425,001 to 450,000

$6,075

$6,750

$7,425

$8,100

$8,775

$9,450

$10,125

450,001 to 475,000

$6,413

$7,125

$7,838

$8,550

$9,263

$9,975

$10,688

475,001 to 500,000

$6,750

$7,500

$8,250

$9,000

$9,750

$10,500

$11,250

All fees are based on total miles traveled in Wyoming for each power unit.
Mileages and weights exceeding any given value in the preceding table shall be calculated at the next highest value.

Table 4, Fees (continued)

Tons Over 117,000 Pounds GVW

Miles

1 to 25,000

$600

$638

$675

25,001 to 50,000

$1,200

$1,275

$1,350

50,001 to 75,000

$1,800

$1,913

$2,025

75,001 to 100,000

$2,400

$2,550

$2,700

100,001 to125,000

$3,000

$3,188

$3,375

125,001 to 150,000

$3,600

$3,825

$4,050

150,001 to 175,000

$4,200

$4,463

$4,725

175,001 to 200,000

$4,800

$5,100

$5,400

200,001 to 225,000

$5,400

$5,738

$6,075

225,001 to 250,000

$6,000

$6,375

$6,750

250,001 to 275,000

$6,600

$7,013

$7,425

275,001 to 300,000

$7,200

$7,650

$8,100

300,001 to 325,000

$7,800

$8,288

$8,775

325,001 to 350,000

$8,400

$8,925

$9,450

350,001 to 375,000

$9,000

$9,563

$10,125

375,001 to 400,000

$9,600

$10,200

$10,800

400,001 to 425,000

$10,200

$10,838

$11,475

425,001 to 450,000

$10,800

$11,475

$12,150

450,001 to 475,000

$11,400

$12,113

$12,825

475,001 to 500,000

$12,000

$12,750

$13,500

All fees are based on total miles traveled in Wyoming for each power unit.
Mileages and weights exceeding any given value in the preceding table shall be calculated at the next highest value.

History

Effective 2025-04-30

Wyo. Code R. 045.0004.5.04302025 § 20 Implements and Produce of Husbandry Moved by Farmers and Ranchers

(a) Oversize moves of implements and produce shall comply with the following:

(i) Wyoming farmers and ranchers, when transporting their own implements or produce of husbandry or exchanging transportation of implements or produce with other farmers or ranchers, may exceed the statutory width and height limits during daylight hours without permit or fee, but shall comply with the safety regulations stated in following Section 21(d).

(ii) Non-Wyoming farmers or ranchers transporting implements or produce of husbandry shall obtain an oversize permit if statutory width and/or height limits are exceeded.

(b) Over length or overweight movements shall meet non-divisible load requirements and require a permit, unless covered in the Class F permit (following subsection [c]).

(c) Class F permits may be obtained to haul forest products, sugar beets, gravel, livestock, and agricultural products that cannot be weighed at point of loading. The permit is exclusive of interstate highways. A permit or permission shall be obtained before transportation begins. The permit shall be carried in the vehicle to which it refers and shall be displayed to any permit-issuing authority or law enforcement upon request. A single trip permit shall cost $15. A permit for 90 continuous days shall cost $50.

(d) In addition to the provisions of Section 8, Safety Measures and Moves, of these rules, the following safety regulations shall apply to oversize moves in agricultural operations:

(i) Movements exceeding 18 feet wide or 17 feet high shall be approved by the Overweight Loads Office (OWL). Calls at 307.777.4376 will be answered Monday through Friday.

(ii) Movements exceeding 16 feet wide or any movement that cannot be kept to the right of the highway centerline shall require escorts as described in Section 9, Escort Procedures. Escorts shall be properly equipped escort vehicles as described in Section 10, Escort Equipment. Escorts for movements exceeding 16 feet high may be required.

(A) Implements and produce of husbandry moved by Wyoming farmers and ranchers are exempt from Section 10(h) only.

(iii) All movements operating at speeds of 25 miles per hour or less and exceeding 8 and 1/2 feet wide shall, in addition to the slow-moving vehicle emblem, display oversize load signs and display a revolving amber light, an amber strobe light, or a pair of two- way flashing amber lights at least four (4) inches in diameter on the vehicle. LED assemblies meeting the visibility requirements shall be allowed. These lights shall be clean and clearly visible at least 1,000 feet from the front and rear of the vehicle.

(iv) Movements exceeding 8 and 1/2 feet in width and operating at speeds exceeding 25 miles per hour shall, instead of the slow-moving vehicle emblem, display warning signs as described Section 8(e) of these rules.

(v) Non-registered, self-propelled implements shall display a revolving amber light, an amber strobe light, or a pair of two-way flashing amber lights at least four (4) inches in diameter on the vehicle. LED assemblies meeting the visibility requirements shall be allowed. These lights shall be clean and clearly visible at least 1,000 feet from the front and rear of the vehicle. Properly equipped escort vehicles, as explained in Section 10, Escort Equipment, may be used instead of this lighting requirement.

(vi) All oversize vehicles or vehicles transporting oversize loads shall have headlights and taillights, if so equipped, illuminated and visible during movement.

(e) The farmer or rancher shall contact city and/or county officials for approval for transportation on their roads.

History

Effective 2025-04-30

Wyo. Code R. 045.0004.5.04302025 § 21 Implement Dealers

(a) Persons engaged in a business that maintains an inventory of implements of husbandry for sale, lease, rent, or repair that transports implements of husbandry to or from farmers or ranchers are exempt from permit requirements for overwidth or over height loads.

(b) Over length and overweight moves require a permit.

(c) In addition to the provisions of Section 8, Safety Measures and Moves, of these rules, oversize moves by implement dealers shall comply with the following safety regulations:

(i) Movements exceeding 18 feet wide or 17 feet high shall be approved by the Overweight Loads Office (OWL) by calling 307.777.4376, Monday through Friday.

(ii) Movements exceeding 16 feet wide or any movement that cannot be kept to the right of the highway centerline shall require escorts as described in Section 9, Escort Procedures. Escort vehicles shall be properly equipped as described in Section 10, Escort Equipment. Escorts for movements exceeding 16 feet high may be required.

(iii) Movements designed for operation at speeds not exceeding 25 miles per hour shall display a slow-moving vehicle emblem complying with the provisions of Section 21(d)(iii) of these rules.

(iv) Non-registered, self-propelled implements shall display a revolving amber light, an amber strobe light, or a pair of two-way flashing amber lights at least four (4) inches in diameter on the vehicle and OVERSIZE LOAD signs. LED assemblies meeting the visibility requirements shall be allowed. These lights shall be clean and clearly visible at least 1,000 feet from the front and rear of the vehicle. Properly equipped escort vehicles, as described in Section 10, Escort Equipment, may be used instead of this lighting requirement.

(v) All oversize vehicles or vehicles transporting oversize loads shall have headlights and taillights, if so equipped, illuminated and visible during movement.

History

Effective 2025-04-30

Wyo. Code R. 045.0004.5.04302025 § 22 Custom Agricultural Operations

(a) Custom agricultural operations means the contracting or for-hire operation of harvesting crops, processing of agricultural products, or fertilizing the soil.

(b) Permit or permission is required before operating oversize and/or overweight vehicles or loads on highways. The carrier shall proceed to the nearest permit-issuing authority as listed in Section 4, Permit-issuing Authorities and Permit Types Available, to acquire the permit.

(c) The applicant shall declare the highways to be used, the total mileage on those highways, and the size and weight of the vehicles and loads.

(d) A permit may be obtained from any permit-issuing authority as listed in Section 4, Permit-issuing Authorities and Permit Types Available, and shall be valid for the time necessary to complete the operation or the vehicle leaves the state, whichever occurs first. Borderline operations (20 air miles either direction) requiring trips across the state line shall not invalidate a permit. The seasonal permit shall be valid for no more than 90 consecutive days from the issue date.

(i) Separate permits shall be required for each specific harvest season. The fee for oversize loads shall be $25 for a single trip and $50 for a 90 consecutive day permit. For vehicles exceeding 15 feet wide, 15 feet high, or a single unit in excess of 75 feet long, a mileage computation shall be required and additional fees computed at three (3) cents per foot or fraction thereof for each mile traveled on the highways.

(ii) The fee for overweight shall be a minimum of $40. The overweight fee is computed at six (6) cents per ton per mile on weight exceeding the statutory limit.

(e) Oversize and/or overweight permits shall be issued only for vehicles or loads meeting non-divisible load requirements. The hauling of combine headers side by side at a width exceeding 102 inches (8 and 1/2 feet), but not exceeding 150 inches (12 feet, 6 inches) and no single component exceeding 102 inches (8 and 1/2 feet) shall be allowed on a separate trailer when the width of the properly permitted vehicle is the same or greater than the width of the headers.

(f) In addition to the provisions of Section 8, Safety Measures and Moves, of these rules, the safety regulations for oversize movements in custom agricultural are as follows:

(i) Oversize load signs shall not be displayed on motor vehicles, semi- trailers, trailers, and escort vehicles after they have completed the permitted move or when such vehicles being operated do not exceed size limits.

(ii) Self-propelled equipment requiring and properly displaying a slow- moving vehicle emblem may, instead of oversize signs and flags, display a revolving amber light, an amber strobe light, or a pair of two-way flashing amber lights at least four (4) inches in diameter on the vehicle. LED assemblies meeting the visibility requirements shall be allowed. These lights shall be clean and clearly visible at least 1,000 feet from the front and rear of the vehicle.

(iii) Motor vehicles constructed or loaded to obstruct the driver's view to the rear from the driver's position shall be equipped as described in Section 8(f) of these rules.

History

Effective 2025-04-30

Wyo. Code R. 045.0004.5.04302025 § 23 Emergency Relief Permits

(a) Emergency relief permits are provided for in W.S. 31-18-804(n). These permits may be issued upon a declaration by the Governor or director and when the director determines that the specific statutory requirements have been met. A document shall be issued specifying the size and/or weight limits, commodities, duration, safety measures, fees, and highways the emergency relief permits may be issued for.

(b) In concurrence with Title 23 United States Code (U.S.C.) Section 127(a), overweight vehicles and loads that can be easily dismantled or divided may be permitted for movement on interstate highways in relief of a declared emergency if:

(i) The President has declared the emergency to be a major disaster under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.§5121, et seq.);

(ii) The permits are issued exclusively to vehicles and loads that are delivering relief supplies; and

(iii) A permit issued shall expire not later than 120 days after the date of the emergency declaration.

(c) A permit or permission is required before operating oversize and/or overweight vehicles or loads on highways. A permit may be obtained from any permit-issuing authority as listed in preceding Section 4, Permit-issuing Authorities and Permit Types Available, of these rules.

(d) The applicant shall declare the highways to be used, the total mileage on those highways, and the size and weight of the vehicles and loads.

(e) Unless otherwise specified in the document, all movements shall follow the provisions of Section 8, Safety Measures and Moves, of these rules.

(f) The permit shall be carried in the specified vehicle. This permit is vehicle and load specific and shall be displayed to any permit-issuing authority or law enforcement upon request.

(g) Emergency relief permits shall specify only one (1) power unit but may list multiple trailer plate information.

History

Effective 2025-04-30

276 Motor Vehicles & Licensing

Chapter 1 Driver's Licenses and Motor Vehicle Safety

Wyo. Code R. 045.0005.1.07022024 § 1 Authority

These rules of practice and procedure are promulgated by authority of W.S. 24-2-105, W.S. 31-4-103, W.S. 31-7-103, W.S. 31-7-305, W.S. 31-7-310, W.S. 31-7-401, W.S. 31-7-501, W.S. 31-8-101, W.S. 31-8-203, and W.S. 31-9-103.

History

Effective 2024-07-02

Wyo. Code R. 045.0005.1.07022024 § 2 Purpose

(a) Statutory Interpretations. These rules provide uniform, understandable interpretations of the undefined portions of the following:

(i) W.S. 31-7-101 through W.S. 31-7-502, Driver's License Act;

(ii) W.S. 6-3-615, Use of false identity, citizenship or resident alien documents, penalty;

(iii) W.S. 31-9-101 through W.S. 31-9-415, Motor Vehicle Safety-Responsibility Act; and

(iv) W.S. 31-4-103, Failure to maintain liability coverage; penalties; exceptions.

(b) Implementation. These rules also implement, as currently amended, the following:

(i) W.S. 31-7-310, Rulemaking authority;

(ii) Title 6 Code of Federal Regulations (C.F.R.) Part 37, Real ID driver's licenses and identification cards; and

(iii) Title 49 C.F.R. Subchapter B, Federal Motor Carrier Safety Regulations, Parts 383, 384, and 390.

(c) Applications and Examinations Guidance. These rules also provide guidance regarding applications and examinations for obtaining the following:

(i) Driver's licenses, commercial driver's licenses, and temporary and instructional permits;

(ii) Extensions or expirations of valid driver's licenses;

(iii) Grounds for cancellation or denial of licenses and permits;

(iv) Grounds for disqualification, downgrade, and suspension;

(v) Notices of intent to disqualify, suspend, deny, cancel, or revoke; and

(vi) Procedures for providing hearings.

History

Effective 2024-07-02

Wyo. Code R. 045.0005.1.07022024 § 3 Definitions

All definitions as set forth in W.S. 31-7-102 apply to these rules. As used in these rules and regulations, the following terms have the following meanings:

(a) "24/7 restricted driver's license" means a restricted driver's license issued by the Department pursuant to W.S. 31-7-501 through W.S. 31-7-502 and these rules.

(b) "Birth certificate" means an individual's birth record that is permanently stored, electronically or physically, at the State Office of Vital Statistics or equivalent agency in a registrant's state of birth.

(i) An original official document with original signatures, seals, and information entries; or

(ii) A reproduction of an original official document on file at a government agency that bears the following:

(A) Custodian certification that the document on file is valid;

(B) The certifying individual's original signature; and

(d) "Commercial driver's license (CDL) downgrade" means:

(i) A driver's state-allowed change of their self-certification to interstate only while operating exclusively in transportation or operation excepted in Section 6 of these rules;

(ii) A driver's state-allowed change of their self-certification to intrastate only while operating exclusively in transportation or operation excepted in Section 6 of these rules; or

(iii) The state's removal of the CDL privilege from a driver's license.

(e) "Deny or Denial" means the refusal to issue or renew a driver's license or identification card (ID), as provided in W.S. 31-7-108 and W.S. 31-8-101(b) and by these rules.

(f) "Department" means the Wyoming Department of Transportation.

(g) "Domicile" as referred to in W.S. 31-7-117(c), means the residence of a parent or guardian with legal custody who signs an affidavit of extreme inconvenience.

(h) "Driver's license record" may include one or more of the following:

(i) "Driving history record" means any record maintained by the Department as required by W.S. 31-5-1214(f) and W.S. 31-7-120;

(ii) "Verification record" means any document scanned as proof of identity, residence, or social security number as required by W.S. 31-7-111(a) and (b)(iv); or

(iii) "Medical record" means a medical or visual evaluation or federal medical examiners certificate held by the Department as required by law.

(i) "False document" means a document that a trained examiner determines to be altered, counterfeit, or otherwise fraudulent; a document presented by a person not legally possessing the document; or both.

(j) "Federal Motor Carrier Safety Regulations (FMCSR)" means Title 49 C.F.R. Parts 383, 390 through 397, and 399.

(k) "Ignition interlock restricted license" means a restricted driver's license issued by the Department pursuant to W.S. 31-7-401 through W.S. 31-7-404 and these rules.

(l) "Individual" means any man, woman, or child or individual business or organization on whom the Department keeps records or maintains information.

(m) "Investigation" means:

(i) A review of medical or vision information submitted by a qualified medical professional to evaluate an individual's ability to maintain ordinary and reasonable control of a motor vehicle based upon examination results. This review may also involve evaluating an individual's character and habits.

(ii) "Fraud investigation" means a formal evaluation or inquiry of the following:

(A) Information from any driver's license or ID applications;

(B) Identifying documents;

(D) Other information a trained examiner receives to determine authenticity, lawful status, or violations of state or federal laws and regulations; or

(E) Activities performed by Department employees while working that violate Department rules or state or federal law.

(n) "Manual transmission" (also known as stick shift, stick, straight drive, or standard transmission) means a transmission utilizing a driver-operated clutch activated by a pedal or lever and a gear-shift mechanism operated by hand or foot.

(o) "Moving violation" means a motor vehicle driver's act of control or lack of control while the vehicle is moving that results in a conviction, including a conviction for violating a driver's license restriction.

(p) "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.

(q) "Person" means an individual, organization, or entity, but does not include this state or an agency thereof.

(r) "Proof of identity document" or "legal identity document" means as defined in Title 6 C.F.R. Part 37.11(c) and W.S. 31-7-111, as currently amended.

(s) "Regular job" as referred to in W.S. 31-7-117(c), means any employment requiring a minimum 10-hour workweek.

(t) "Restrictions" means the following restrictions that may be placed and imposed on a driver's license, commercial driver's license (CDL), commercial learner's permit (CLP), or permit in an encoded form (see Driver's License Restriction Codes Table).

Driver's License Restriction Codes Table

Licenses Issued On or After January 1, 2014

Licenses Issued On or After July 1, 2024

Encoded Form

Restriction Name

Encoded Form

Restriction Name

Automatic Transmission

Corrective Lenses

Mechanical Aids (such as special brakes, hand controls, or other adaptive devices)

Prosthetic Aid

No Manual Transmission (CDL only)

Daylight Driving Only

Limited Others (contact the Department for details about this restriction)

Valid without Photo and/or Signature

CDL Intrastate Only

Intrastate Only (CDL/CLP only)

Vehicles without Air Brakes (CDL only)

Vehicles without Air Brakes (CDL/CLP only)

Except Class A Bus (CDL only)

Except Class A and B Bus (CDL only)

No Tractor-Trailer Fifth Wheel Coupler (CDL only)

No Tractor-Trailer Commercial Motor Vehicle (CDL only)

No Passenger (CLP only)

Driver's License Restriction Codes Table (continued)

Licenses Issued On or After January 1, 2014

Licenses Issued On or After July 1, 2024

Encoded Form

Restriction Name

Encoded Form

Restriction Name

Class M Only - Four-Wheel Recreation Vehicles Only

Except Tractor-Trailer (CDL only)

Must have Variance Letter or Skill Performance Evaluation (SPE) Certificate in Possession

Must have Variance Letter or SPE Certificate in Possession (CDL/CLP only)

No Cargo in Tank (CLP only)

No Full Air Brake System (CDL only)

(i) A CDL/CLP applicant who is at least 18 years old but not yet 21 years old shall have the CDL/CLP Intrastate Only (K) restriction imposed, except while operating under an FMCSR exemption.

(ii) A CDL applicant who is applying for a hazardous materials endorsement (HME) shall pass all required knowledge tests and comply with Transportation Security Administration requirements in 49 CFR Part 1572. If the HME applicant is at least 18 years old but not yet 21 years old, the CDL shall have the Intrastate Only (K) restriction imposed, except while operating under an FMCSR exemption.

(iii) A CDL/CLP applicant who has a medical or visual condition, as defined in FMCSR, that normally prohibits them from operating a commercial vehicle on the interstate shall operate a commercial vehicle with a CDL/CLP Intrastate Only (K) restriction unless the driver possesses a medical waiver issued by the Federal Motor Carrier Safety Administration (FMCSA).

(iv) An applicant who passes the CDL skills test with a truck or truck-tractor pulling a trailer or semi-trailer with a pintle hook or other non-fifth wheel connection shall have a No Tractor-Trailer Commercial Motor Vehicle (O) restriction imposed.

(v) An applicant who passes the CDL skills test using a combination vehicle that is not a truck-tractor semi-trailer combination, but is otherwise equipped with a fifth wheel, shall have a No Tractor-Trailer Commercial Motor Vehicle (O) restriction imposed.

(vi) An applicant who has applied for a CLP and passed a written examination for a Tank Endorsement (N) shall have a No Cargo in Tank (CLP only) (X) restriction imposed.

(vii) An applicant who has applied for a CLP and passed a written examination for a Passenger Endorsement (P) shall have a No Passenger (CLP only) (P) restriction imposed.

(u) "School" as referred to in W.S. 31-7-117(c), means a primary place of education where an individual attends regularly scheduled classes, excluding places where only extracurricular activities take place.

(v) "Social security number" means the number assigned by the Social Security Administration or other tracking and identification numbers or letters deemed appropriate by the Department.

(w) "Third-party agreement" means an agreement provided by the Department and signed by an individual responsible for the third-party tester.

(x) "Third-party examiner" means a third-party tester's payroll or volunteer employee whom the Department certifies to administer approved driver's license skills tests.

(y) "Third-party tester" means any government entity, association, educational institution, or business entity engaged in using commercial motor vehicles that the Department certifies to administer approved driver's license skills tests.

(z) "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 courses to recognize altered, counterfeit, or fraudulent documents.

History

Effective 2024-07-02

Wyo. Code R. 045.0005.1.07022024 § 4 Applications for Licenses, Permits, and Identification Cards (IDs)

(a) Proof of Identity.

(i) Applicants shall present proof of identity or legal identification documentation with each application and complete a Department-provided application.

(ii) Applicants without proof of identity or legal identification documentation, as defined in Section 3(r) of these rules, may present alternative documentation that the Department's Driver Services Program manager shall approve before license, permit, or ID issuance.

(iii) If a trained examiner suspects a fraudulent proof of identity or legal identification document, the examiner shall seize the document, provide a receipt for the seized document (whenever possible), and contact local law enforcement.

(iv) If law enforcement refuses to receive the seized material, the examiner shall send the document to the Driver Services Fraud Unit for review. The Fraud Unit shall hold the document while determining authenticity.

(A) If the document is authentic, and the person who presented the document possesses it legally, then the Fraud Unit shall return the document.

(B) If the document is false, or the person who presented the document does not possess it legally, then the Fraud Unit shall retain the document.

(b) Additional Identifying Information.

(i) In addition to the information specifically requested on the application, as called for by statute, applicants shall provide additional identifying information including natural eye and hair color as well as status of United States citizenship.

(ii) Applicants who are not United States citizens shall provide proof of "lawful status" or "temporary lawful status" in the United States, as defined in Title 6 C.F.R. Part 37.3.

(i) Applicants shall answer medical history questions (covering the previous two years) as requested on the application.

(ii) Applicants answering affirmatively to any of the medical questions or listing any physical or mental disabilities may be required to have a qualified medical professional complete the Department-provided medical form.

(d) Social Security Number.

(i) All applicants for driver's licenses, instruction permits, or IDs shall provide their social security number to the Department.

(ii) Non-commercial driver's license or instruction permit applicants who do not have a social security number shall submit a sworn affidavit under penalty of perjury stating they do not have a social security number.

(iii) Commercial driver's license (CDL) applicants who have a conscientious objection to disclosing their social security number may be issued a pseudo-number upon submitting a written request to the Department stating the basis for objection.

(e) CDL Applicants.

(i) All CDL applicants shall certify the type of driving they can perform and shall self-declare if they are exempt or non-exempt when applying.

(ii) Non-exempt applicants shall present a valid federal medical examiner's certificate from a qualified national registry doctor to the examiner.

(A) Applicants with expired federal medical examiner's certificates shall provide the Department with a new, valid federal medical examiner's certificate or, if no longer medically qualified or exempt, submit a new self-certification or have their commercial driving privilege removed from their driver's license.

(B) If an applicant does not comply with preceding (ii)(A), the Department shall downgrade the license to a non-commercial class license.

(C) An applicant with a valid federal medical examiner's certificate with a medical waiver shall present a letter or skill performance evaluation certificate upon application or renewal.

(iii) If an applicant has an exempt status, the applicant shall present a document showing they are operating under an exemption as allowed in Title 49 C.F.R. Parts 390.3(f), 391.2, 391.68, or 398.3.

(iv) CDL applicants who request to waive the knowledge test, skills test, or both under the Federal Motor Carrier Safety Regulations may be excused from one or more required tests if the Department can verify the applicant's qualifications. Applicants shall submit the appropriate waiver request for Department review.

(f) Expiration. Driver's licenses issued to applicants under the age of 21 shall expire on the applicant's twenty-first birthday except when the following occurs:

(i) A restricted Class C license, Class M license, or both shall expire 30 days after the licensee's sixteenth birthday; or

(ii) An intermediate license shall expire 30 days after the licensee's seventeenth birthday.

(g) Screening. All applicants shall be screened through the Problem Driver Pointer System (PDPS) and the Driver's License Number (DLN) Survey for licensing eligibility. PDPS and the DLN Survey shall show a status of "eligible" or "licensed" before license issuance.

(h) Immigrant Licenses and IDs.

(i) Licenses or IDs issued to immigrants without permanent 10-year resident status shall be temporary credentials valid only for the period authorized on the documents presented to and verified by the Department.

(ii) Credentials issued to temporary immigrants shall be identified with a suffix code of NR (non-resident) in the license's class field (for driver's licenses only), and/or "LIMITED TERM" shall be printed across the top of the credential.

History

Effective 2024-07-02

Wyo. Code R. 045.0005.1.07022024 § 5 Name Changes

Name changes for adoptions, marital status changes, or other legal proceedings may be made when applying for any service.

(a) Name Changes for Legal Proceedings. Applicants shall present an original copy of the official document authorizing the name change (such as a marriage certificate, divorce decree, or court order) to the examiner upon application.

(b) Name Change Requirements. Name changes not authorized in legal proceedings may be granted if the name is not used for fraudulent purposes, does not infringe on the interests or rights of others, is not prohibited by any judicial or administrative adjudication, and is otherwise legal.

(i) Applicants shall complete the Department's Affidavit of Name Change form, sign the affidavit in a trained examiner's presence, and provide a certified copy of their proof of identity document.

(ii) The affidavit described in subsection (c) shall include:

(A) The applicant's full first, middle, and last names as shown on the applicant's proof of identity document;

(B) The applicant's full first, middle, and last names as changed;

(D) The applicant's present mailing address and residential address (if different from the mailing address);

(E) The applicant's natural or adoptive mother's full name, including both married and maiden name (if applicable);

(F) The applicant's natural or adoptive father's full name, including both married and maiden name (if applicable);

(G) Any other names the applicant used during the preceding 10 years. The affidavit shall also list the dates and places (by state, county, and city) where each name was used;

(H) Each address where the applicant has resided during the last 10 years and the duration the applicant resided at each location;

(I) The applicant's current job title, employer, employer address, and physical work site address or location as well as all previous job titles and employers from the preceding 10 years, including each employer's address and physical work site address or location;

(J) The applicant's certification that the requested name change and use of such name on any license or identification card (ID) issued by the Department, in whole or in part, meets the provisions provided in subsection (b) of this section; and

(K) The applicant's certification of understanding that it is unlawful to use a false or fictitious name on any application or affidavit and that any Department-issued license or ID shall be canceled for failing to give the required or correct information.

History

Effective 2024-07-02

Wyo. Code R. 045.0005.1.07022024 § 6 Commercial Driver's License (CDL) Exemptions

Pursuant to W.S. 31-7-303, the following drivers are exempt from the general requirement under W.S. 31-7-106(a) to obtain a CDL:

(a) Farmers and Ranchers. Farmers and ranchers, including their employees and family members, are exempt when operating farm or ranch vehicles that are:

(i) Used to transport agricultural products, farm machinery, or farm supplies to or from a farm or ranch;

(ii) Not used in common contract motor carrier operations;

(iii) Used anywhere within the state if registered in Wyoming as a farm vehicle; and

(iv) Used within 150 air miles of a farm or ranch if travelling across state lines.

(b) Firefighters and Other Emergency Response Personnel. Emergency response personnel are exempt when operating commercial motor vehicles (such as fire trucks, hook and ladder trucks, foam or water transport trucks, police SWAT team vehicles, ambulances, or other vehicles used for emergency response) that are:

(i) Necessary to preserve life or property or execute emergency governmental functions;

(ii) Equipped with audible and visual signals; and

(iii) Not subject to normal traffic regulation.

(c) Snow and Ice Removal Drivers. Drivers whom eligible units of local government employ to operate commercial motor vehicles within locality boundaries to remove snow or ice from roadways by plowing or salting are exempt if:

(i) The properly licensed employee who ordinarily operates a commercial motor vehicle for these purposes is unable to operate the vehicle; or

(ii) The governmental entity determines that a snow or an ice emergency exists and additional assistance is required.

(d) Military Personnel. Military personnel who operate commercial motor vehicles for military purposes are exempt and include the following:

(i) Active duty military members;

(ii) Military reserve members;

(iii) Active duty National Guard members, including full-time duty or part-time training personnel as well as military technicians (civilians required to wear military uniforms); and

(iv) Active duty U.S. Coast Guard personnel.

(e) Other Drivers. Drivers not listed in subsections (a) through (d) who operate a vehicle or vehicle combination having a gross vehicle weight rating of 39,001 pounds or more shall obtain a non-commercial Class C license with a (Z) endorsement.

History

Effective 2024-07-02

Wyo. Code R. 045.0005.1.07022024 § 7 Renewal-by-Mail Applications

(a) Exceptions.

(i) An application or a renewal-by-mail notice may be sent to a Wyoming resident who is temporarily out of state.

(ii) Renewal-by-mail notices shall be sent to eligible licensees unless one or more of the following provisions apply:

(A) The applicant's license, operating privilege, or both has (or have) been canceled, revoked, denied, or disqualified in the five years immediately preceding the license expiration date;

(B) The applicant holds:

(I) A J-restricted (Valid without Photo and/or Signature) license, as provided in Section 8 of these rules;

(II) A commercial driver's license (CDL) with the Hazardous Materials Endorsement issued pursuant to W.S. 31-7-304(e); or

(III) A CDL and does not have a valid federal medical examiner's certificate as required by W.S. 31-7-304(f).

(D) The applicant legally changed their name since the last license issuance.

(b) Military Personnel Applications. Applications for military personnel and their dependents shall be processed in the same manner as provided for in W.S. 31-7-119(c) and W.S. 31-7-119(g).

(i) Active duty military personnel applying in person for renewal of their Wyoming driver's license who present an expired license, not expired more than five years, shall be processed pursuant to W.S. 31-7-119(c) and W.S. 31-7-119(g) and not charged a fee.

(ii) If the licensee does not want the expiration waived when accompanied by an active duty military identification card (ID) for an imposed I-restricted (Limited Others) license, the licensee shall be treated as a non-military client.

(iii) Dependents of active duty personnel applying in person for renewal of their Wyoming driver's license who present an expired license shall be processed pursuant to W.S. 31-7-119(c) and W.S. 31-7-119(g) and charged the renewal fee.

(iv) Renewal applications for active duty military personnel or their dependents, whether received in person or by mail, shall have the active duty status verified electronically by the Department.

(v) Renewal-by-mail applications the Department receives from active duty military personnel or their dependents, whether postmarked before or after the license expiration date, shall be processed pursuant to W.S. 31-7-119(c) and W.S. 31-7-119(g). Active duty military personnel shall not be charged a fee to renew their Wyoming licenses.

(vi) Renewal-by-mail applications the Department receives from active duty military personnel or their dependents shall be accompanied by an updated digital photograph of the applicant if the last photograph on file with the Department is more than 10 years old.

(vii) If an applicant or a dependent no longer qualifies as active duty military and is applying in person or by mail for renewal of their Wyoming driver's license that was issued previously with an out-of-state address, the applicant shall present two documents with a valid physical Wyoming address, in accordance with W.S. 31-7-111(a), dated within 45 days of the application date.

(i) Unless received from active duty military personnel or their dependents, renewal-by-mail applications the Department receives more than 30 days after the license expiration date shall be denied and returned with the applicant's enclosed fee.

(ii) Unless presented by active duty military personnel, any renewal-by-mail application presented in person to a driver's license examiner after the license expiration date shall be denied, and the applicant shall be processed as a first-time applicant and charged the required fee.

History

Effective 2024-07-02

Wyo. Code R. 045.0005.1.07022024 § 8 Photograph and Signature Requirements for Driver's Licenses and Identification Cards (IDs)

(a) Wyoming REAL ID. To be accepted by a Federal agency for official purposes, Wyoming REAL ID driver's licenses and IDs shall include the cardholder's signature and full facial digital photograph on the front of the card. Photograph and signature standards shall comply with Title 6 C.F.R. Part 37.17 and the American Association of Motor Vehicle Administrators (AAMVA) standards.

(i) Photograph. The photograph shall exhibit a full facial frontal pose with both eyes visible and shall be taken pursuant to the following standards:

(A) The photograph may be in black and white or in color.

(B) Lighting shall be equally distributed on the face.

(D) Veils, scarves, or headdresses shall not be permitted unless a person requests and is granted an exemption for medical or religious reasons. If an exemption is granted, such items shall not obscure any facial features and shall not generate shadows.

(E) The person shall not wear eyewear that obstructs the iris or pupil of the eyes nor take any action to obstruct a photograph of their facial features.

(F) When possible, the eyes shall appear with no dark shadows in the eye-sockets caused by the brow. The iris and pupil of the eyes shall be clearly visible.

(G) Care shall be taken to avoid "hot spots" (bright areas of light shining on the face).

(H) A new photograph shall be taken at each in-person renewal unless the person requests the previous photograph be used for medical reasons, as long as the previous photograph was taken within the previous 10 years.

(ii) Signature. The cardholder's signature shall be a digitally printed reproduction of the driver's original signature.

(b) Valid without Photo and/or Signature (J-Restricted) Licenses. At its discretion, the Department may issue a temporary, J-restricted (Valid without Photo and/or Signature) license under certain circumstances. Any license issued as J-restricted shall have the words "FEDERAL LIMITS APPLY" on the license, and the license shall not comply with the REAL ID Act of 2005, Public Law 109-13, Title 8 United States Code §1101, et seq.

(i) Eligibility.

(A) A Valid without Photo and/or Signature (J) restriction may be issued if:

(I) A person applies to the Department for a renewal of a valid Wyoming driver's license and is unable to return to Wyoming or if an equipment malfunction caused the license to be unusable, and the person has left the state for an extended period;

(II) A person complies with the vision requirements found in these rules;

(III) A person submits the required fee to the Department; and

(IV) The Problem Driver Pointer System and Driver's License Number Survey do not show an ineligible status in any state.

(B) A licensee who holds a commercial driver's license (CDL) shall not be issued a J-restricted license.

(ii) Requirements for Surrendering J-Restricted Licenses. Individuals holding a J-restricted license shall surrender it within 30 days after returning to Wyoming; obtain a Wyoming license with a photograph, signature, or both; and pay the required fee.

History

Effective 2024-07-02

Wyo. Code R. 045.0005.1.07022024 § 9 Restricted Class C or Class M Licenses

(a) Applications.

(i) A parent or guardian with legal custody shall sign any affidavit (application) for a restricted Class C, Class M, or both license(s) and shall include a Wyoming Highway Patrol (WHP) finding that extreme inconvenience exists.

(ii) The application shall also:

(A) Set forth the purpose(s) for which the applicant needs to drive;

(B) State the names and relationships of validly licensed drivers residing at the same domicile as the applicant and provide a statement of the reasons these licensed drivers cannot provide transportation for the applicant;

(D) Include statements from the school superintendent or principal and employer (if applicable) verifying enrollment and school hours, including extracurricular activities, and employment and work hours (if applicable).

(iii) Other circumstances WHP finds are an extreme inconvenience shall be limited to the need to provide transportation to individuals living in the applicant's domicile for medical or health purposes if:

(A) The medical or health reason is a long-term condition requiring transportation for at least six months; and

(B) A signed statement from a qualified medical specialist familiar with the medical or health condition is submitted describing the condition, its duration, and the need for transportation resulting from it.

(b) Expiration.

(i) Applicants failing to apply for a restricted license within 30 days of the affidavit's approval shall be required to submit another affidavit to WHP.

(ii) Restricted Class C and Class M licenses shall expire 30 days after the licensee's sixteenth birthday.

History

Effective 2024-07-02

Wyo. Code R. 045.0005.1.07022024 § 10 Oaths

Authorized driver's license examiners may accept all oaths, affidavits, or verifications required to obtain a license or permit or to include the gift of life designation, next of kin designation, medical alert designation, or veteran's designation.

History

Effective 2024-07-02

Wyo. Code R. 045.0005.1.07022024 § 11 Examinations

(a) Vision Screening. Applicants for first-time and renewal driver's licenses and instruction permits may be required to pass a vision screening when issued a license or permit. The driver's license examiner may approve license issuance for the following:

(i) Non-commercial drivers if the vision screening given by an examiner, optometrist, or ophthalmologist dated within 12 months of the application shows:

(A) A minimum visual acuity of 20/40 with both eyes, with or without corrective lenses; and

(B) A total combined horizontal field of vision with both eyes of at least 120 degrees, or, if blind in one eye, at least 90 degrees in the other eye.

(ii) Commercial drivers if the vision screening given by an examiner, optometrist, or ophthalmologist dated within 12 months of the application shows:

(A) A minimum visual acuity of 20/40 with each eye, with or without corrective lenses; and

(B) A minimum horizontal field of vision of 70 degrees in each eye.

(C) Commercial drivers who do not meet the vision standards in this section shall have the CDL/CLP Intrastate Only (K) restriction imposed based upon the required vision screening or federal medical examiner's certificate from a qualified national registry doctor.

(D) Commercial drivers with monocular vision who do not meet the vision standards outlined in this section but comply with the Federal Motor Carrier Safety Administration's (FMCSA) vision standard are eligible for interstate driving upon the Department's receipt of a federal medical examiner's certificate from a qualified national registry doctor that is valid for no more than 1 year from the date of issue of the certificate.

(iii) Applicants with a visual acuity of 20/50 or worse, with or without correction, that demonstrate the ability to operate a motor vehicle safely, and the license is issued with the appropriate restrictions based upon the vision screening and driving skills test results.

(iv) Applicants who previously failed the vision screening if they present a written vision statement from an optometrist or ophthalmologist dated within the last three months showing an acuity as outlined in immediately preceding paragraph (i) or (ii) with or without corrective lenses.

(v) Applicants with an eye disease or condition diagnosed in a vision screening from an optometrist or ophthalmologist and who have license restrictions in place as recommended by the optometrist or ophthalmologist.

(b) Knowledge and Driving Skills Tests. The driver's license examinations shall include a legal qualifications determination to hold a license. Applicants may also be required to pass a knowledge test of traffic regulations and regulatory signs and demonstrate the ability to operate a motor vehicle of the class and type for which application is made.

(i) Applicants who have not held a valid driver's license in the particular class or type being applied for in the preceding two years immediately before applying shall take all knowledge and driving skills tests the Department requires. This section shall not apply to CDL holders who have been downgraded in accordance with Section (4)(e)(ii)(B) of these rules on or after July 1, 2024, unless the CDL has been expired for two or more years in this or any other state.

(ii) A minimum grade of 80 percent shall be required to pass the knowledge test. Examiners shall give knowledge tests orally if determined necessary.

(iii) Vehicles used for the driving skills tests shall meet the requirements found in W.S. 31-5-901 through W.S. 31-5-1402. Any special mechanical devices on any motor vehicle shall be properly installed and inspected before the driving skills test is administered.

(iv) At the examiner's discretion, the driving skills test may be waived for a first-time applicant for a graduated driver's license if the applicant presents a certificate signed by the teacher and school administrator within the previous two years showing completion of a driver's education course approved by the Wyoming Department of Education or a driver training course certified by the Wyoming Department of Transportation.

(v) Commercial driver's license (CDL) applicants who are exempt from having a CDL, as provided in Section 6(d) of these rules, may qualify for a waiver of the knowledge test, driving skills test, or both by completing the Department's certification form. At a minimum, the certification shall verify that, during the two-year period immediately before application, the applicant:

(A) Has not possessed more than one driver's license;

(B) Has not had any driver's license or driving privileges suspended, revoked, or canceled;

(D) Has not had more than one conviction for any serious traffic violations or a record of an at-fault or uninsured accident (as defined in W.S. 31-7- 102[xli] and the Department's rules); and

(E) Has at least two years of experience operating the same vehicle type and class for which application is being made within the preceding 12 months following discharge from the military, and was:

(I) Regularly employed within the last 12 months in a military position requiring commercial motor vehicle operation; and

(II) Exempted from CDL requirements in Title 49 C.F.R. Part 383.3(c).

(F) To qualify for the knowledge test waiver, has one of the following military occupational specialties or occupational classifications:

(I) U.S. Army: 88M - Motor Transport Operator, 92F - Fueler, 14T - Patriot Launching Station Operator;

(II) U.S. Marine Corps: 3531 - Motor Vehicle Operator;

(III) U.S. Navy: EO - Equipment Operator; or

(IV) U.S. Air Force: 2TI - Vehicle Operator, 2FO - Fueler, 3E2 - Pavement and Construction Equipment Operator.

(vi) Applicants shall also provide all other information required by Federal Motor Carrier Safety Regulations (FMCSR).

(vii) When renewing a CDL, the licensee shall provide a vehicle representing the driver's license type and class for which application is being made so the Department can administer a driving skills test, if required. The written and driving skills testing requirements may be waived, except that testing requirements FMCSR mandate may not be waived, and written and driving skills tests shall not be waived if the licensee has had any driver's license or driving privileges disqualified, revoked, or canceled.

(viii) School Bus Endorsement applicants shall also pass the required test(s) for and be issued a Passenger (P) Endorsement. Testing for a School Bus Endorsement includes written and skills tests in a school bus as required by FMCSR.

(ix) At the examiner's discretion, applicants may be required to demonstrate their ability to operate a motor vehicle safely as required by W.S. 31-7-122.

History

Effective 2024-07-02

Wyo. Code R. 045.0005.1.07022024 § 12 Third-Party Testing

(a) Agreements.

(i) A third-party tester shall enter into an agreement with the Department to administer driving skills tests to applicants for commercial driver's licenses (CDLs).

(ii) The agreement shall include, but is not limited to, the following terms. The third-party tester shall permit:

(A) The Federal Motor Carrier Safety Administration (FMCSA), or its representative, and the Department to conduct random examinations, inspections, and audits of company records, facilities, and operations relating to the third-party testing program, with or without prior notice;

(B) The Department or FMCSA to conduct on-site inspections, audits, or both at least annually; and

(C) The transmission of schedules and testing scores, both pass and fail, via the Commercial Skills Test Information System (CSTIMS) as prescribed by the CSTIMS user manual. The Department may also test a sample of drivers examined by the third party to compare pass/fail results as deemed appropriate.

(b) Training and Certification.

(i) The third-party tester shall allow only those employees who complete the required Class A and B Third Party Training Certification Program and whom the Department certifies as third-party examiners to administer CDL skills tests and to issue skills test certificates.

(ii) Third-party examiners shall meet the same qualification and training standards as Department driver's license examiners.

(iii) Third-party examiners shall complete training and certification provided by the Department's Driver Services Program and have a certificate on file with the Department.

(i) CDL applicants who pass the driving skills test administered by an authorized third-party examiner shall provide evidence to the Department that they successfully passed the driving skills test.

(ii) All affidavits presented in place of taking a driving skills test or submitting a CDL Test History form shall be signed by the person tested and dated within the validity period for the commercial learner's permit (CLP) the applicant held at the time of the test.

(iii) Affidavits shall not be accepted after the CLP expiration date.

(iv) A proper official of the legal entity having entered into a third-party tester agreement with the Department or a Wyoming driver's license examiner shall execute all affidavits.

(d) Examiner Requirements. Third-party examiners shall:

(i) Conduct a 10-test minimum on different applicants within one year to maintain active examiner status. If a third-party examiner fails to complete 10 different tests, the examiner must attend a state-conducted refresher course or successfully administer a skills test to a state-certified examiner;

(ii) Hold a current, valid Wyoming CDL of the type and class for which they will test and not have been suspended, disqualified, revoked, or canceled in the last five years;

(iii) Complete a nationwide criminal background check. The report results shall be filed with the Department; and

(iv) Shall not act as both the examiner and trainer-instructor of a skills test applicant.

(e) Truck Driver Training Schools. Schools intended to train truck drivers shall be eligible to become third-party testers upon complying with the following:

(i) Schools shall be licensed with the Wyoming Department of Education, Private School Non-degree Program and shall provide a copy of the license to the Wyoming Department of Transportation;

(ii) Third-party testers or examiners shall not charge any fee for skills tests administered, except those fees and tuition allowed by the Wyoming Department of Education;

(iii) Third-party examiners shall test only individuals registered as students with schools licensed to act as third-party testers;

(iv) Truck driving schools shall also comply with all provisions of preceding Section 12(a) through (d) of these rules; and

(v) Third-party examiners for truck driving schools shall recertify annually with the Department.

(f) Certification Cancellation.

(i) Third-party testers or examiners shall have their certification canceled if the Department determines Wyoming statutes, Department rules and regulations, or the third-party agreement (including Attachment A) as signed by the third-party tester have been violated.

(ii) Third-party testers may be recertified upon satisfying the Department that all violations have been corrected and all third-party examiners have been retrained and recertified in accordance with these rules.

(g) Other Requirements.

(i) All non-government third-party testers shall file a $10,000 bond with the state and maintain the bond to retain Department certification.

(ii) All private institutions or departments not covered by Section 12(e) shall employ a minimum of 25 drivers for Department certification as a third-party examiner.

History

Effective 2024-07-02

Wyo. Code R. 045.0005.1.07022024 § 13 Fees

(a) Commercial Driver's License (CDL) Testing Fees.

(i) A CDL skills test shall not be scheduled or conducted until the Department receives the required fee.

(ii) The applicant shall forfeit the required CDL skills test fee and not be refunded upon:

(A) Failure to appear at the scheduled time and location;

(B) Failure to cancel 24 hours before the scheduled time unless factors beyond the person's control cause the failure to appear (such as road closures or documented medical emergencies);

(D) Examiner rejection of the vehicle for faulty or unsafe equipment or equipment of the improper class or type. Failure to obtain, or the unavailability of, a vehicle of the proper class and type shall not be deemed as beyond the person's control, and the fee shall be forfeited.

(iii) A CDL skills test shall not be rescheduled until the Department receives an additional skills test fee.

(b) Acceptable Payment Types. The Department shall accept personal checks for required fees if the check is made payable to the Department, printed (not handwritten) with the name and current address of the check issuer, and for the required fee amount. The Department shall not accept two-party or payroll checks.

(i) The fee for a driver's license record shall be $10. Additionally, the Department shall charge $2.50 for processing a driver's license record on the same business day if it is not requested in person at a driver's license location.

(ii) The fee for a driver's license record requested and searched electronically shall be $10.

(iii) Additional fees for programming costs shall be assessed as needed.

History

Effective 2024-07-02

Wyo. Code R. 045.0005.1.07022024 § 14 Driver's License or Identification Card (ID) Not Delivered

(a) Returned as Undelivered to Department. The Department shall hold a license or ID returned to the Department as undelivered for at least 60 days from the date the Department mailed it. If the Department receives no inquiry within the 60 days, the license or ID may be canceled.

(b) Licensee Notification. If a licensee notifies the Department within 60 days of the mail date that the license or ID was not received, another card shall be issued without fee if the person's address has not changed. The licensee shall wait 30 days after the card has been mailed before the Department can issue a replacement license or ID.

History

Effective 2024-07-02

Wyo. Code R. 045.0005.1.07022024 § 15 Grounds for Suspension

(a) Moving Violations. Moving violations used in one suspension action may be used in a subsequent suspension action if the record, by adding a new moving violation(s), shows at least four moving violations within a 12-month period (using the offense date of the violations).

(b) Repeat Violators.

(i) The license of any person may be suspended for up to 12 months if the licensee is a repeat violator. The Department shall consider a licensee a repeat violator when its records show that a person has been convicted of three or more moving violations within a 12-month period.

(ii) The Department shall take the following actions with repeat violators:

(A) Provide written notification to violators regarding their three moving violation convictions within a 12-month period (using the offense date of the violations) and identify the possible consequences of receiving additional moving violation convictions;

(B) Suspend the violator's license for 90 days upon receiving evidence of a conviction for a fourth moving violation (using the offense date of the violations) within a 12-month period; and

(C) Suspend the violator's license for an additional 90 days upon receiving evidence of subsequent conviction(s) totaling four or more moving violations within a 12-month period (using the offense date of the violations).

(i) Upon receiving a record of conviction, the Department shall suspend a driver's license for violations of W.S. 31-7-133 for 90 days.

(ii) Violators who fail to appear in court shall have their license suspended for up to 12 months or until they appear in court and comply with the citation conditions, whichever comes first.

(iii) Individuals suspended under the authority granted in W.S. 31-7-140 shall have their Wyoming driver's license suspended until cleared by the court issuing such action.

(iv) The Department shall suspend an individual's commercial driver's license (CDL) for 90 days for any CDL endorsement violations.

(v) A driver's license shall be reinstated upon payment of all state-required fees.

History

Effective 2024-07-02

Wyo. Code R. 045.0005.1.07022024 § 16 Grounds for Disqualification, Denial, Downgrade, or Cancellation

(a) Disqualification.

(i) Individuals disqualified under any of the commercial driver's license (CDL) provisions of W.S. 31-7-305 and W.S. 31-7-310 shall have the cancellation become effective on the same date as the disqualification. A person shall be disqualified from operating a commercial motor vehicle for the following:

(A) Department receipt of a Federal Motor Carrier Safety Administration (FMCSA) disqualification for any violation listed under Title 49 C.F.R Part 383.52. This disqualification shall commence immediately upon notification from FMCSA and remain in effect for as long as one year or until the Department receives notification from FMCSA that the disqualification has ended.

(B) 60 days if convicted of two serious traffic violations in a commercial motor vehicle arising from separate incidents occurring within a three-year period.

(C) 120 days if convicted of three serious traffic violations in a commercial motor vehicle arising from separate incidents occurring within a three-year period.

(D) 60 days if convicted of two serious traffic violations in a non-commercial vehicle arising from separate incidents occurring within a three-year period only if the second conviction results in a suspension.

(E) 120 days if convicted of three serious traffic violations in a non-commercial vehicle arising from separate incidents occurring within a three-year period only if the second or third conviction results in a suspension.

(F) Department receipt of a FMCSA disqualification for any violation listed under W.S. 31-7-305.

(ii) Individuals with lifetime disqualification resulting wholly or in part from involvement with alcohol or controlled substances shall be ineligible for relicensing until 10 calendar years from the disqualification date. After 10 years, the following provisions apply:

(A) A CDL shall not be issued until the Department receives a written request and investigates; additionally, the applicant shall comply with any restrictions and conditions imposed after the investigation. When writing to request reapplication, the applicant shall be subject to applicable requirements as defined in Section 16(d) and (e) of these rules.

(B) No person shall be issued a new CDL until the Department ends or reduces the disqualification, and the applicant is otherwise eligible for a CDL.

(I) Lifetime disqualification for using a motor vehicle while committing any felony involving the manufacturing, distributing, 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.

(II) Lifetime disqualifications for using a commercial motor vehicle in the commission of any felony involving human trafficking under W.S. 6-2-702, W.S. 6-2-703, or any similar federal regulation shall not be reduced to 10 years.

(C) Individuals with a CDL canceled by disqualification, but who are otherwise eligible, may be issued a non-commercial driver's license.

(D) All applicants who have been disqualified from operating a commercial motor vehicle and subsequently reinstated shall pass all required knowledge and skills tests and pay the required fees.

(b) Denials and Cancellations. Individuals shall be denied license issuance or have an existing license canceled for any of the following reasons:

(i) The person is not legally, physically, or mentally qualified to hold a license; legal age or immigration status; previous disqualification, cancellation, denial, suspension, or revocation; failure to meet statutory requirements; or other reasons as may be described by Department policy, procedure, or other legal actions.

(ii) The Department receives a written medical statement from a qualified medical professional that the person is not medically, physically, or mentally capable of safe motor vehicle operation.

(A) This includes persons afflicted with a medical disorder resulting in loss, interruption, or lapse of consciousness, motor function, or both.

(B) The cancellation or denial shall not be reconsidered until the Department receives a written statement from a qualified medical profession stating the affliction no longer exists or is medically controlled.

(iii) The Department receives 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;

(C) For non-commercial drivers, 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; or

(D) For commercial drivers, horizontal field of vision is less than 70 degrees in each eye.

(iv) A person proves unable to demonstrate ordinary and reasonable skills to operate a motor vehicle safely as evidenced by investigation results. Upon the examiner's recommendation, the person may:

(A) Apply for and receive an instruction permit, subject to any restrictions and conditions imposed by the Department;

(B) Hold the instruction permit for at least three months; and then

(v) The Department receives a report from the U.S. Citizenship and Immigration Services (USCIS) indicating a non-U.S. citizen is not complying with immigration laws. In this instance, the license shall remain canceled, and the person shall not be allowed to reapply until the Department receives evidence from the USCIS that the applicant is eligible for a license.

(c) Downgrades. Upon receiving notice from FMCSA that a driver is prohibited from operating a commercial motor vehicle because of an alcohol and controlled substance program violation, the Department shall initiate the downgrade process to remove the commercial learner's permit (CLP) or CDL privilege from the driver's license within 60 days.

(d) Investigations.

(i) The Department shall investigate the driving ability, character, and habits of anyone who applies for reinstatement after revocation if revocation resulted from conviction involving alcohol or controlled substances or documented evidence the Department holds that the person has an alcohol or a substance abuse problem.

(ii) If Department investigation reveals any documented incidents in the interlock data log or convictions violating revocation, disqualification, or ignition interlock requirements and restrictions, within the six months immediately preceding the scheduled investigation's date, the Department may:

(A) Deny issuance of a new license;

(B) Deny application for at least six months; and

(I) Provide evidence of completing or current attendance in an approved treatment or counseling program for alcohol, controlled substances, or both within the six-month denial period;

(II) Not receive any convictions or violations involving use of alcohol or controlled substances during the five-year term of any license issued after the investigation is completed; and

(III) Observe any other restrictions or conditions imposed by the Department.

(iii) Investigations may consist of a driving skills test in a vehicle representing the license type and class the applicant holds or for which the applicant is applying and any requirements or restrictions from an investigation completed under subsections (a) through (c) of this section.

(iv) The Department shall investigate the driving ability, character, and habits of anyone who applies for reinstatement of commercial driving privileges after a lifetime disqualification. If a Department investigation reveals any of the following, the request shall be denied:

(A) The applicant has not yet served a full 10 years from the start date of the last lifetime disqualification;

(B) The applicant is no longer licensed in this state and has been convicted in another jurisdiction of an offense listed in Title 49 C.F.R. Part 383.51 that would result in an additional lifetime disqualification if still residing in Wyoming;

(C) The applicant fails to complete the documentation required by the Department within six months of receiving the applicant's request; or

(D) If any convictions resulting in the disqualification are related to alcohol or controlled substances and the applicant fails to provide evidence of successful completion of an appropriate rehabilitation program approved by the Department.

(v) The Department shall investigate a driver's driving ability, character, and habits at the specific request of a law enforcement based upon observed impairment of the driver's mental, physical, or visual ability.

(e) Reinstatement.

(i) Licenses shall be denied or non-resident operating privileges shall not be restored until one of the following requirements is satisfied. The individual shall:

(A) Submit a current evaluation for alcohol, controlled substances, or both by a counselor certified by the Wyoming Department of Health, Substance Abuse Division, or an equivalent out-of-state agency with evidence of satisfactory completion or current attendance in a recommended treatment course or counseling program;

(B) Provide verifiable evidence of their substantial compliance with W.S. 31-7-401 through W.S. 31-7-404 for the previous six months; or

(C) Provide verifiable evidence of their substantial compliance with W.S. 31-7-501 through W.S. 31-7-502 for the previous six months.

(ii) Individuals who violate restrictions imposed by the Department shall have their license canceled and cannot apply for a new license until proof is submitted that:

(A) The person has completed an approved inpatient program for alcohol, controlled substances, or both since the last known incident; or

(B) The person is currently enrolled and making satisfactory progress in a treatment program for alcohol, controlled substances, or both since the last known incident.

(iii) Individuals who have had a license revoked for a reason other than Section 16, subsections (b) through (c), shall be denied a license until the Department completes an investigation, and the person complies with any restrictions imposed by the Department resulting from the investigation.

(iv) Individuals whose CLP or CDL has been downgraded under Section 16(c) are required to complete the FMCSA prescribed return-to-duty process to have their commercial privileges reinstated as follows:

(A) If, before the Department completes and records the downgrade, the Department receives notification the CLP or CDL holder is no longer prohibited from operating a commercial motor vehicle, the Department shall terminate the downgrade process without removing the CLP or CDL privilege from the driver's license; or

(B) If, after the Department completes and records the downgrade, the Department receives notification the driver is no longer prohibited from operating a commercial motor vehicle, the Department shall reinstate the driver's CLP or CDL privilege.

(v) Any applicant whose commercial privileges have been downgraded for more than two years shall pass all required knowledge and skills tests and pay the required fees to obtain a CDL. This requirement shall not apply to applicants downgraded according to Section (4)(e)(ii)(B) of these rules on or after July 1, 2024.

History

Effective 2024-07-02

Wyo. Code R. 045.0005.1.07022024 § 17 Surrender of License or Permit

A suspended, canceled, or revoked license or permit shall be considered surrendered when given to any Department Driver Services employee or law enforcement officer or when addressed and mailed to the Wyoming Department of Transportation, 5300 Bishop Boulevard, Cheyenne, Wyoming, 82009-3340, with an "Attention: Driver Services" line.

History

Effective 2024-07-02

Wyo. Code R. 045.0005.1.07022024 § 18 Right to Contested Case Hearings or Record Reviews

(a) Notification.

(i) Individuals whose driver's license is disqualified, suspended, revoked, canceled, or denied shall be notified of the right to request a contested case hearing or record review.

(ii) The notification shall advise the person that:

(A) If the only reason for requesting a hearing is to receive limited driving privileges, then the request shall initiate a Department record review.

(B) If the request is for any purpose other than to receive limited driving privileges, then it shall initiate a contested case hearing before the Office of Administrative Hearings.

(b) Record Review Requests. Requests for record reviews of disqualifications, suspensions, revocations, cancellations, or denials for which limited driving privileges are not granted pursuant to W.S. 31-7-105 shall be denied.

History

Effective 2024-07-02

Wyo. Code R. 045.0005.1.07022024 § 19 Requests for Contested Case Hearings or Record Reviews

All requests for a contested case hearing or record review arising from any driver's license related action shall be made in writing and addressed to the Wyoming Department of Transportation, 5300 Bishop Boulevard, Cheyenne, Wyoming, 82009-3340 or sent electronically.

(a) Notification.

(i) A request for a contested case hearing or record review shall be considered timely if received electronically or postmarked within 20 days of the date the Department provided notice of the Department's intended action (to suspend, revoke, cancel, disqualify, or deny a driver's license) and is accompanied by the required fee.

(ii) If the Department receives a request for a hearing or record review electronically, payment shall be made within 48 hours after the payment link is sent by the Department.

(iii) If, during the investigation process, the Department determines additional information is necessary after accepting the hearing request, the requestor may be required to provide information as the Department directs before referral to the Office of Administrative Hearings.

(b) Computation of Time.

(i) The Department shall allow five days from the date the notice of intent was mailed to the person's last known address on file with the Department. The Department considers the order as received five days after mailing it unless law enforcement gives notice in accordance with W.S. 31-6-102.

(ii) If law enforcement does not give notice in person, the 20-day period to request a contested case hearing or record review shall begin on the sixth day after the Department gives notice of its intent, and the period shall conclude at midnight on the twentieth day thereafter unless that day is a Saturday, Sunday, or legal holiday. In such cases, the period runs until midnight on the following business day.

(iii) If law enforcement gives notice in person, the 20-day period to request a contested case hearing or record review shall begin immediately, and the period shall conclude at midnight on the twentieth day thereafter unless that day is a Saturday, Sunday, or legal holiday. In such cases, the period runs until midnight on the following business day.

(i) Except as provided in this subsection (c), no contested case hearing shall be granted unless the request is made in a timely manner.

(ii) Upon receiving a late request for a contested case hearing, the Department may grant a late hearing if satisfactory written evidence and documentation is submitted showing the lateness resulted from external factors beyond the petitioner's control.

(iii) Upon receiving a late request for a record review, the Department may grant a probationary driver's license for limited driving privileges if:

(A) The petitioner holds an unexpired, permanent driver's license;

(B) The petitioner is otherwise entitled to limited driving privileges; or

(C) The Department receives satisfactory written evidence indicating that failure to grant the limited driving privileges will cause undue hardship.

(iv) If the Department denies a late request for a contested case, it shall refund the required fee.

(d) Stay of Action.

(i) When a contested case hearing or timely record review is granted, the proposed action shall be stayed. The stay shall be effective the day the Department grants a contested case hearing or record review. Stays shall not be granted retroactively.

(ii) Stays shall continue as follows:

(A) For a contested case, until a contested case hearing is conducted before the Office of Administrative Hearings and a final order has been entered; or

(B) For a timely record review, the suspension dates are stayed for up to 30 days from the date the record review is granted or a probationary driver's license for limited driving privileges is issued, as long as the individual still holds a permanent driver's license that is not expired or has not otherwise been withdrawn.

History

Effective 2024-07-02

Wyo. Code R. 045.0005.1.07022024 § 20 Probationary Licenses

(a) Conditions.

(i) Upon receiving a record review request, the Department shall issue an order granting a probationary license for one suspension action in a five-year period if the person:

(A) Holds an unexpired, permanent driver's license and is otherwise eligible for a probationary license;

(B) Pays the required fee;

(C) Files and maintains an SR-22, when required, for a three-year period. A SR-22, when required, shall be on file with the Department before a probationary license is issued, and the probationary license shall be canceled if the Department receives a SR-26; and

(D) Submits a current evaluation for alcohol, controlled substances, or both by a counselor certified by the Wyoming Department of Health, Substance Abuse Division, when required.

(I) The evaluation shall recommend, at a minimum, an alcohol and substance abuse class meeting the Wyoming Substance Abuse Standards.

(II) The probationary license shall be issued when the person is enrolled in a class to be completed no later than 30 days after the suspension start date, upon proof of successful class completion, or both.

(III) Instead of the class, the counselor may recommend more extensive treatment. If treatment is recommended, the person shall submit proof of current enrollment and satisfactory progress in a treatment program for alcohol, controlled substances, or both since the last known incident.

(ii) Upon receiving an adverse counselor's report, the Department shall deny or cancel the probationary license.

(b) Orders Granting Probationary Licenses.

(i) The Department shall issue a probationary license if the person is otherwise entitled to hold such a license and all required documents and fees have been received.

(ii) Orders granting a probationary driver's license shall include the following information, terms, and conditions:

(A) The probationary license start and end dates;

(B) The days, times, and reasons when the person is authorized to drive;

(C) Applicants shall pay additional fees for probationary licenses that require changes or reissuing because of their need to drive for circumstances not contained in the original application;

(D) The holder shall always carry the probationary license and order when operating a motor vehicle; and

(E) Conviction for violating any traffic law, other than for parking, shall result in immediate probationary license cancellation without further hearing.

History

Effective 2024-07-02

Wyo. Code R. 045.0005.1.07022024 § 21 Undue Hardship

(a) Conditions.

(i) Subject to W.S. 31-7-105, an undue hardship exists if a person establishes that being unable to drive shall result in the inability to provide the person or person's dependents with the basic necessities of life (such as food, clothing, and shelter) and access to education.

(ii) Undue hardship does not exist if another licensed driver in the household is able to perform the required driving.

(b) Eligibility. The undue hardship applies only to individuals having the hardship for purposes of driving if the individual holds a current Wyoming driver's license or current out-of-state license and is suspended in Wyoming.

History

Effective 2024-07-02

Wyo. Code R. 045.0005.1.07022024 § 22 Appeals to the Office of Administrative Hearings

Individuals denied a probationary license after a Department record review or adversely affected by a Department record review decision are entitled to appeal the decision to the Office of Administrative Hearings. Persons appealing have 20 days from the date the Department denies the probationary license or gives notice of its record review decision to request a hearing before the Office of Administrative Hearings, or the opportunity for a hearing is waived. An appeal under this section shall be treated as an appeal for a contested case under W.S. 31-7-105(e).

History

Effective 2024-07-02

Wyo. Code R. 045.0005.1.07022024 § 23 Driver's License Records

Driver's license records include only those records as defined in Section 3 of these rules.

(a) Content of Records.

(i) Unless otherwise provided by statute, the Department shall make available a 3/10 year driving record in accordance with the provisions of W.S. 31-5-1214(f), W.S. 31-7-120, W.S. 16-4-202(a), and the Driver's Privacy Protection Act.

(ii) The driving history record shall reflect at least the following actions:

(A) All mandatory convictions, suspensions, revocations, or disqualifications;

(B) Uninsured accidents and accident suspensions; and

(C) Moving violations, moving violation suspensions, administrative per se suspensions, implied consent suspensions, financial responsibility requirements, and any other authorized administrative actions.

(b) Record Release and Exceptions. No "Driving History Record," as defined under "Driver's License Records" in Section 3 of these rules, shall be released except:

(i) Upon an individual record holder's expressed written request;

(ii) To a third party upon presentation of a signed release from the record holder;

(iii) Upon written request by law enforcement, a government agency, or court to carry out official functions; or

(iv) Those permitted disclosures allowed in Wyoming Department of Transportation Rules and Regulations, Motor Vehicles and Licensing, Chapter 7, Motor Vehicle Records and Privacy.

(c) Verification and Medical Records. Records defined in these rules (Section 3, Driver's License Records) as "Verification Records" or "Medical Records" shall not be released as part of any other record request, except upon the record holder's expressed written consent as allowed in the Department's Rules and Regulations, Motor Vehicles and Licensing, Chapter 7.

History

Effective 2024-07-02

Wyo. Code R. 045.0005.1.07022024 § 24 Disabled Placard Applications

Eligible individuals, as defined by W.S. 31-2-213(d)(ii), or any person or agency responsible for transporting eligible persons shall complete an application for a disabled placard. The eligible person's proof of identity shall be required upon placard issuance.

(a) Applicant Information. The application shall include the following:

(i) The applicant's name, date of birth, address, and phone number;

(ii) Information about whether the applicant is requesting placards (and the number of placards) or is obtaining vehicle plates from the county treasurer; and

(iii) The applicant's signature and the date.

(b) Medical Section. A physician, physician's assistant, or an advanced practice registered nurse shall complete the medical section, and the application shall be submitted to the Department.

(i) Disabled placard issuance may result in a driver's license review to determine the eligible person's ability to operate a motor vehicle safely and verify the license reflects the proper restrictions for the stated condition. The medical information submitted on the application for a disabled placard is subject to the terms and conditions set forth in Section 16 of these rules.

(ii) Eligible individuals may appear in person at a driver's license exam office or apply by mail when applying for a disabled placard. If the eligible person is unable to appear but already exists as a client in the driver information system, a placard may be issued on the applicant's behalf to a family member or representative. The eligible person shall sign the application presented.

(iii) Permanent disabled placard issuance requires the applicant to be a Wyoming resident. Non-residents who meet the qualification outlined in W.S. 31-2-213(g) shall be issued a temporary disabled placard.

History

Effective 2024-07-02

Wyo. Code R. 045.0005.1.07022024 § 25 Reinstatement After Child Support Suspensions

Upon receiving notice from the court or the Department of Family Services, the Department of Transportation shall reinstate the obligor's Wyoming driver's license and driving privileges upon payment of the $5 reinstatement fee if the license privileges are not suspended, canceled, disqualified, or revoked for any other reason. The Department shall send the license, if valid and on file, to the obligor's last known address on record with the Department.

History

Effective 2024-07-02

Wyo. Code R. 045.0005.1.07022024 § 26 Ignition Interlock Restricted Licenses

(a) Requirements.

(i) Ignition interlock restricted licenses shall not be issued to individuals holding a commercial driver's license (CDL) or who are otherwise ineligible by statute to hold an ignition interlock restricted license.

(ii) An application for an ignition interlock restricted license shall be made only after the Department receives a disposition from a court of an alcohol related conviction for W.S. 31-5-233, W.S. 31-5-234, or other law prohibiting driving while under the influence as defined in W.S. 31-5-233(a)(v).

(iii) Persons required to apply for an ignition interlock restricted license according to W.S. 31-7-402(e) and residing in another state may meet the ignition interlock license requirement by completing the Department's ignition interlock program as long as the Department's terms are met for the period required by Wyoming law.

(iv) Applications for ignition interlock restricted licenses shall be made if the Department receives notice from the 24/7 administrator, pursuant to W.S. 31-7-502(b), that a person has failed to comply with the 24/7 Sobriety Program requirements or otherwise ceases to participate in the program before completing it after being given the opportunity to pursue the administrative procedures provided by W.S. 31-7-105.

(b) License Restrictions. When eligible applicants complete all requirements for an ignition interlock restricted license and provide the Department with a certificate of installation from the ignition interlock service provider, the Department may issue the license if the applicant is otherwise eligible. Such licenses shall contain:

(i) An expiration date with a period not to exceed five years; and

(ii) The restriction IIR on the license, which states: "Must operate a vehicle equipped with an approved Ignition Interlock Device."

(i) Applicants shall pay any required reinstatement fees upon ignition interlock restricted license issuance and provide proof of financial responsibility.

(ii) In addition to any required reinstatement fees, applicants shall pay $100. This fee does not pertain to any ignition interlock restricted license applicant who qualifies as an indigent person as allowed in Section 26(d).

(iii) Persons applying for removal of the ignition interlock restriction after completing a revocation period shall meet the requirements of preceding Section 16(a) of these rules before removal of the ignition interlock restriction.

(d) Indigent Persons. Indigent persons may be eligible for partial payment by the Department. All the following shall apply:

(i) Anyone requesting assistance under W.S. 31-7-401(b)(vii) at the time of application shall be an active participant in the federal Supplemental Nutrition Assistance Program (SNAP) of the Wyoming Department of Family Services at the time of installation.

(ii) After complying with Section 26(d) of this rule, an individual may receive reimbursement from the Department for:

(A) One half the installation cost if presented with a receipt from the ignition interlock service provider for the individual's total costs; and

(B) One half the monthly service fee costs if presented with a receipt from the ignition interlock service provider for the individual's total costs.

(iii) Receipts for reimbursement shall be processed through the Department's Financial Services Program for payment to the individual.

(iv) The individual shall remain an active participant with the Department of Family Services to receive reimbursement.

(v) Eligibility for reimbursement shall continue while the individual remains an active participant in SNAP with the Wyoming Department of Family Services.

(vi) When the Department becomes aware of an individual's ineligibility, the Department shall notify the individual of such ineligibility.

History

Effective 2024-07-02

Wyo. Code R. 045.0005.1.07022024 § 27 24/7 Restricted Licenses

(a) Requirements.

(i) Individuals required to hold a 24/7 restricted license, or those who are otherwise ineligible to hold an ignition interlock restricted license, shall not be issued a commercial driver's license.

(ii) For offenses on or after July 1, 2019, applications for 24/7 restricted licenses shall be made only after the Department receives a disposition from a court of an alcohol related conviction for W.S. 31-5-233, W.S. 31-5-234, or other law prohibiting driving while under the influence as defined in W.S. 31-5-233(a)(v).

(iii) Applicants shall provide the Department verifiable proof they have been ordered to participate in the 24/7 Sobriety Program as an alternative to a mandated ignition interlock requirement and they have enrolled in the program.

(b) License Contents. When eligible applicants complete all 24/7 restricted license requirements, the Department shall issue the license. Such licenses shall contain:

(i) An expiration date with a period not to exceed five years; and

(ii) The restriction 24/7 on the license, which states: "Must maintain compliance with court ordered 24/7 Sobriety Program as an alternative to IIR."

(i) Applicants shall pay any required reinstatement fees upon 24/7 restricted license issuance and provide proof of financial responsibility.

(ii) In addition to any required reinstatement fees, applicants shall pay $100. This fee does shall not pertain to applicants who qualify as indigent persons as allowed in Section 27(d).

(iii) Persons applying for removal of the 24/7 restriction after completing a revocation period shall meet the requirements of preceding Section 16(d) of these rules before 24/7 restriction removal.

(d) Indigent Persons. The Department may waive the $100 fee required in subsection (c)(ii) of this section for indigent persons, as defined by Section 26(d); however, all other requirements of Section 27 shall be met. Anyone requesting assistance under W.S. 31-7-501(c) upon application shall be an active participant in the federal Supplemental Nutrition Assistance Program (SNAP) of the Wyoming Department of Family Services.

History

Effective 2024-07-02

Wyo. Code R. 045.0005.1.07022024 § 28 Temporary Motorcycle License

Upon application, the Department may issue a 90-day temporary motorcycle license, subject to the following restrictions and conditions.

(a) Examination and Issuance. The applicant shall pass a written examination, be issued a paper temporary for a 90-day period, and pay the required fee.

(b) Renewal. The applicant may renew the temporary motorcycle license one time for an additional required fee. After having held two temporary motorcycle licenses, an applicant shall retake any required written tests before being issued another temporary motorcycle license.

History

Effective 2024-07-02

Wyo. Code R. 045.0005.1.07022024 § 29 Motor Vehicle Safety Responsibility

(a) Proof of Financial Responsibility. In addition to mandatory revocations or suspensions under W.S. 31-7-127 and W.S. 31-7-128, proof of financial responsibility shall be required and maintained for all suspensions under W.S. 31-9-202.

(b) Insurance Cards.

(i) In addition to the requirements established in W.S. 31-8-201, all insurance providers shall indicate and identify on the face of the insurance card:

(A) The insurance provider's National Association of Insurance Commissioners code; and

(B) If the provider uses a bar code on its insurance cards, the bar code shall comply with American National Standards Institute two-dimensional bar code standards available through the following: http://www.ansi.org. This rule includes no amendments to the standard subsequent to the effective date of July 1, 2024.

(ii) In addition to the requirements established in W.S. 31-8-201, all commercial insurance providers shall also include on the insurance card's face a statement indicating "Commercial," "Commercial Exempt," or other similar language indicating the vehicle is covered under a commercial or fleet policy.

(iii) The insurance card may be carried in an electronic form as provided in W.S. 31-8-201(c).

(i) Sellers of motor vehicle liability policies for vehicles owned in Wyoming shall comply with the provisions of the State of Wyoming Financial Responsibility Verification Program Web Services Program Guide for Insurers. This guide is available at cost by contacting the Wyoming Department of Transportation, Driver Services Program, 5300 Bishop Boulevard, Cheyenne, Wyoming, 82009-3340.

(ii) This compliance requirement does not apply to:

(A) Self-insurers pursuant to W.S. 31-9-414;

(B) Self-insurers pursuant to W.S. 31-9-415;

(D) Vehicles meeting the requirements of W.S. 31-9-408 and W.S. 31-9-409; or

(E) Commercial vehicles as described by W.S. 31-4-103(d)(iv).

(d) Right to Hearing. Any party entitled to a contested case hearing in a matter involving the Department shall proceed under the provisions of the Wyoming Administrative Procedures Act, W.S. 16-3-101 through W.S. 16-3-115, as amended, and the provisions of the Department's Rules and Regulations, General Section, Chapter 3, Appeals and Hearings, as amended.

History

Effective 2024-07-02

Chapter 4 Personalized License Plates

Wyo. Code R. 045.0005.4.04302014 Personalized License Plates

Wyoming Department of Transportation

Personalized Prestige License Plates

CHAPTER 4

Section 1. Authority and Purpose.

These rules of practice and procedure are promulgated by authority of W.S.24-2-105(a) and are intended to provide a uniform and understandable interpretation of the undefined portion of W.S. 31-2-208 regarding application and distribution procedures for personalized prestige license plates.

Section 2. Applicable Vehicles.

Personalized prestige license plates may be obtained for use on all regularly registered motor vehicles except those held in inventory for sale or demonstration by licensed dealers (including dealer-owned and factory-new automobiles), vehicles with radio amateur license plates, vehicles apportioned under W.S. 31-18-201, and vehicles with specialty plates. Pioneer plates issued to antique or historic vehicles cannot be produced as prestige plates.

Section 3. Allowable Combinations.

(a) Plates shall be issued using only capital letters and Arabic numerals. No other symbols or characters shall be allowed. Applicants may request a maximum of four letters or a combination of four letters and numerical digits. The letters and numbers shall be the same size as on regular license plates and shall be arranged in a straight horizontal line.

(b) Any combination that spells, connotes, abbreviates, or otherwise stands for obscene, vulgar, indecent, or pruriently suggestive language shall not be allowed. No four-character combinations shall contain more than a total of three W's or three M's. No combinations consisting of a number or numbers followed by a single alphabetic suffix shall be issued as a personalized prestige license plate. Nor shall combinations consisting entirely of numbers be issued for prestige plates unless the beginning digit is a zero (0). In addition, no combination shall duplicate a currently issued plate or conflict with a series of letter and number combinations on a regularly issued license plate.

Section 4. Refund of Application Fees.

(a) Application fees may be refunded for the following reasons:

(i) If the personalized prestige license plate application is not processed.

(ii) If the applicant wishes to withdraw the application before the plates are produced.

(b) The application fee shall not be refunded if the application lists an incorrect vehicle type.

Section 5. Right to a Hearing.

Any person aggrieved by a decision of the Wyoming Department of Transportation is entitled to a hearing. The procedure for requesting a hearing is outlined in the Wyoming Department of Transportation Rules and Regulations, General Section, Chapter 3, Appeals and Hearings.

History

Effective 2014-04-30

Chapter 5 Vehicle Dealers

Wyo. Code R. 045.0005.5.12062024 § 1 Authority and Purpose

The Wyoming Department of Transportation (the department) promulgates these rules of practice and procedure by authority of W.S. 31-16-103(j) to provide a uniform and understandable interpretation of the undefined portion of Wyoming statutes regarding vehicle dealers and manufacturers, including W.S. 31-16-101 through W.S. 31-16-127 and W.S. 31- 11-107.

History

Effective 2024-12-06

Wyo. Code R. 045.0005.5.12062024 § 2 Principal Place of Business

(a) The principal place of business shall be a site upon which a building that is safe, sanitary, and fit for occupancy is located. A building is defined as a habitable roofed and walled structure built for permanent use and equipped with functioning basic building systems, including electricity, water, and heat. A principal place of business shall not be a residence or part of a residence.

(i) Mobile homes that are not used as a residence may be approved as a principal place of business so long as they are blocked or on a permanent foundation with the hitch removed and skirted.

(ii) Structures (such as camp trailers, motor homes, pickup box campers, and garages) attached to a residence shall not constitute a building for a principal place of business.

(b) All retail sales shall be initiated at the principal place of business for which the dealer is licensed unless the sale is initiated at an authorized organized motor vehicle show as defined in W.S. 31-16-103(g)(ii).

(i) When delivering a vehicle to an individual, the vehicle dealer may complete sales documents and consummate the sale upon delivery.

(ii) A new vehicle dealer shall not sell, deliver, or complete sales documents at a licensed vehicle dealer's principal place of business if such a dealer lacks a valid sales and service agreement for the make and type of new vehicle being sold.

(iii) A new or used vehicle dealer shall not sell, deliver, or complete sales documents at another licensed vehicle dealer's principal place of business.

(c) The dealer or the dealer's employees shall occupy the principal place of business either during the declared hours or continuously with the exception that dealers may request waivers for temporary situations that render the dealer and the dealer's employees unable to maintain a presence during the declared business hours. Dealers shall contact the department's Compliance and Investigation Program to request a temporary waiver.

(d) The dealer shall indicate declared business hours on the department's prescribed license application and shall conspicuously and legibly display these hours at the principal place of business. The declared business hours shall be considered reasonable hours as long as:

(i) Prospective customers may enter the principal place of business and contact the dealer or the dealer's staff;

(ii) The department or any peace officer may enter the principal place of business to inspect the dealer's records as defined in W.S. 31-11-107, including any and all documents, deal jackets, or invoices necessary to verify vehicle transactions;

(iii) The dealer or dealer's staff is available to answer the principal place of business's designated telephone; and

(iv) The dealer indicates declared business hours on the department's prescribed license application and conspicuously and legibly displays these hours at the principal place of business.

(e) All dealers shall provide proof of a qualified principal place of business for all locations by submitting the following items to the department along with their completed application, surety bond, and application fee:

(i) The address of the principal place of business and additional locations within the same county;

(ii) A color photograph of the lot(s), building(s), sign(s), and space to display vehicles. The sign indicating the nature of the business shall be permanently attached to the building or land and be clearly visible from the highway;

(iii) Documents as described in the following:

(A) A copy of a lease, rental, or use agreement for all property included in the dealer's principal place of business if not owned by the dealer.

(B) A copy of the dealer's title to all property included in the principal place of business if the dealer owns the property.

(iv) Written proof from the applicable zoning office that the principal place of business, sign, and space for display comply with applicable zoning ordinances and that the business is in an area zoned for vehicle sales; and

(v) For a corporation, limited liability company, or limited partnership, proof of current good standing with the Wyoming Secretary of State and a list of all corporate officers or members and managers.

(f) The space to display vehicles shall not be part of any parking lot or space dedicated for any other business or purpose than that of the licensed vehicle dealer. The space to display vehicles shall not be part of any roadway as defined by W.S. 31-5-102(xl). Any space dedicated to display vehicles shall be described or identified in the lease or rental agreement.

(g) No more than one licensed dealer shall occupy a principal place of business, parking lot, or space to display vehicles at the same time.

(h) A vehicle dealer shall have Internet access to issue electronic temporary license permits.

History

Effective 2024-12-06

Wyo. Code R. 045.0005.5.12062024 § 3 New Vehicle and Used Vehicle Dealer License

(a) A new vehicle dealer license may be converted into a used vehicle dealer license, and vice-versa, by applying to the department and surrendering the original license. No additional fee shall be required for such conversions.

(b) If a dealer is renewing as licensed under W.S. 31-16-103(b), the 12 vehicles sold shall be 12 different vehicles. The 12 retail vehicle sales shall have been initiated in Wyoming at the dealer's principal place of business or at an organized motor vehicle show as defined in W.S. 31-16-103.

(c) The dealer or manufacturer shall provide written notification immediately to the department when any change to the business's status occurs. Changes requiring notification include, but are not limited to, the following:

(i) Changes to ownership, business name, location addresses of the principal or additional place(s) of business, or declared business hours;

(ii) Changes to location addresses of the manufacturer's established place of business; and

(iii) Changes to any information provided by the dealer or manufacturer application.

History

Effective 2024-12-06

Wyo. Code R. 045.0005.5.12062024 § 4 Vehicle Dealer and Manufacturer Bonds

(a) A new bond shall be posted with the annual application renewal. Bond continuation certificates shall be accepted if the legal ownership and bond number are the same as the previous licensed year.

(b) A department finding that the dealer or manufacturer practiced fraud; made any fraudulent representation; or violated any statute, rule, or regulation relating to business conduct for which the dealer or manufacturer license is issued may result in forfeiture of the full surety bond amount.

(c) Failure to surrender a dealer or manufacturer license, dealer or manufacturer plates, or electronic temporary license permit seals upon closing or going out of business shall result in bond forfeiture at the department's discretion.

History

Effective 2024-12-06

Wyo. Code R. 045.0005.5.12062024 § 5 Motor Vehicle Dealer Title Reassignment Form

(a) When vehicles are held in a dealer's inventory for resale, the dealer, instead of titling, may reassign the vehicle by completing a Motor Vehicle Dealer Reassignment Form. The dealer may effect a reassignment of the dealer's interest and warranty on vehicles held for sale and operated for demonstration purposes only.

(b) Motor Vehicle Dealer Reassignment Forms may be purchased from the department or Wyoming ports of entry.

History

Effective 2024-12-06

Wyo. Code R. 045.0005.5.12062024 § 6 Secure Power of Attorney Form

(a) Dealers shall use the Secure Power of Attorney Form to disclose the odometer reading when a lien holder physically holds the certificate of title or if the title has been lost, destroyed, or is not available for endorsement upon transfer and odometer disclosure.

(b) Secure Power of Attorney Forms may be purchased from the department or Wyoming ports of entry.

History

Effective 2024-12-06

Wyo. Code R. 045.0005.5.12062024 § 7 Electronic Temporary License Permits

(a) Licensed dealers shall obtain electronic temporary license permits—authorized by the department—directly from the vendor. The department's Compliance and Investigation Program and the Licensing and Titling Section of the Motor Vehicle Services Program maintain vendor information.

(b) The department shall determine the fee for electronic temporary license permits, and remittance shall accompany the order. Vehicle dealers shall establish an account with the vendor and shall order, receive, and pay for electronic temporary license permits as agreed between the vendor and vehicle dealer. The department may facilitate this process at its own discretion, but only in extenuating circumstances.

(c) Vehicle dealers shall issue an electronic temporary license permit for all retail sales of vehicles eligible to display license plates. When issuing an electronic temporary license permit, all dealers shall advise the permit holder to carry or be able to produce a copy of the dealer invoice of sale for the vehicle on which the electronic temporary license permit is displayed. This permit serves as evidence of actual vehicle purchase.

(d) Dealers shall issue electronic temporary license permits in the same name(s) that appear(s) on the new title for the vehicle sold.

(i) Dealers shall not issue subsequent permits on the same vehicle in the same owner's name;

(ii) Lost or stolen permits shall be reported to the department and local law enforcement immediately; and

(iii) Upon department approval, a dealer may issue a duplicate permit in extenuating circumstances.

(e) If an electronic temporary license permit is filled out incorrectly, if the vehicle's sale is rescinded, or if for some other reason the permit is unusable, the dealer shall void the permit.

(f) The required information on the electronic temporary license permits shall be printed using permanent ink.

(g) The stub shall be detached from the electronic temporary license permit, and the permit shall be affixed to the rear license plate bolts or bracket. The stub portion shall be given to the customer to keep in the vehicle. The expiration date on the electronic temporary license permit shall be clearly legible from at least 30 feet away when displayed on the vehicle. The electronic temporary license permit may be placed in a clear permit holder to protect it from the elements, but no part of the printed information on the permit shall be obscured.

(h) Electronic temporary license permits sold to a dealership shall not be loaned or exchanged with other dealerships or be used on vehicles not sold from the issuing dealer's inventory.

(i) The department may deny the purchase of additional permits if a dealer violates any statute, rule, or regulation related to the dealer's business conduct or if the dealer fails to account for all electronic temporary license permits that the dealer purchased.

History

Effective 2024-12-06

Wyo. Code R. 045.0005.5.12062024 § 8 Demo, Full Use, and Manufacturer License Plates

(a) All dealers and Wyoming-based manufacturers shall provide proof of liability insurance, as required by W.S. 31-4-103, to the county treasurer in each county where the dealer or Wyoming-based manufacturer purchases demo, full use, or manufacturer license plates.

(b) Demo plates may be used on vehicles operated to or from an auto auction if:

(i) The demo plate displayed is registered to the Wyoming-licensed dealer transporting the vehicle to or from an auto auction;

(ii) Each vehicle displaying a demo plate is included in the dealer's inventory before being displayed; and

(iii) The demo plate is not displayed on a vehicle operated by a dealership employee after normal business hours. Normal business hours are the declared business hours defined in Section 2(d) of these rules.

(c) A prospective customer may use demo plates anytime if the demonstration does not exceed seven calendar days and meets all the other requirements of W.S. 31-16-126.

(d) Full use plates may be used on vehicles operated to or from an auto auction if:

(i) The full use plate is registered to the Wyoming-licensed dealer transporting the vehicle to or from an auto auction; and

(ii) Each vehicle displaying a full use plate is included in the dealer's inventory before being displayed.

(e) Upon showing a substantial increase in the dealer's business or for other good cause shown, a dealer may request to purchase additional demo license plates.

(i) A dealer shall make the request by forwarding a written explanation of why the additional demo plates are required to the department's Licensing and Titling Section.

(ii) Upon approving the written request, the department may authorize dealer purchase of a number of demo plates in addition to the number authorized by W.S. 31-16-125(b).

(iii) The fee for the additional requested demo plate(s) shall be as prescribed by W.S. 31-3-102(a)(v).

(f) A dealer requesting to display demo license plates for any purpose other than prescribed by W.S. 31-16-126 may do so for good cause shown. A dealer shall forward a written request to the department's Licensing and Titling Section to authorize this type of display. The written request shall include:

(i) The make(s), model(s), year(s), and vehicle identification number(s) of the vehicle(s) that will display the demo license plates, along with the number of vehicle requiring demo plates;

(ii) The nature of the event requiring the use of demo plates; and

(iii) The date(s) and time(s) of day the dealer will display the demo plate(s) authorized by the department for this purpose.

(g) The dealer shall return any additional authorized demo license plates upon completing the special event for which the plates were requested. The department shall retain the license fee.

(h) The department may require additional information it deems necessary from a dealer for any request under this section.

(i) A licensed dealer who sells fewer than 12 vehicles per year is entitled to purchase one demo plate and no full use plates.

(j) A licensed dealer who sells 12 or more vehicles per year and is allowed demo plates by W.S. 31-16-125(b) shall be authorized to purchase a number of full use plates not to exceed 50 percent of the allotted demo plate number.

(k) Lost or stolen demo, full use, and manufacturer license plates shall be reported immediately to the respective county sheriff and county treasurer, as well as to the department.

History

Effective 2024-12-06

Wyo. Code R. 045.0005.5.12062024 § 9 Right to Hearing, Notice to Show Cause

(a) The department may issue a "Notice to Show Cause" to a dealer or manufacturer, giving them the opportunity to show cause why an administrative or punitive action should not be taken against the dealer or manufacturer license for violating any statute, rule, regulation, or other order relating to the conduct of the dealer's or manufacturer's business. The dealer or manufacturer shall have 10 days from the date of the "Notice to Show Cause" to submit a written response. If the dealer or manufacturer fails to respond, the department shall presume the dealer or manufacturer does not want to respond and shall take appropriate action.

(b) Upon notice from the department that a dealer or manufacturer license shall be revoked or suspended, or if the department refuses to issue or renew a license, the dealer or manufacturer shall be entitled to a contested case hearing. The department shall grant a hearing if it receives a written request within 30 days of the date that the notice was sent to the dealer or manufacturer. If the department does not receive a written request from the dealer or manufacturer within the 30-day period, the dealer or manufacturer waives the right to a hearing and the action indicated in the department's letter to the dealer or manufacturer shall be enforced.

Wyoming Department of Transportation

Compliance and Investigation Program

5300 Bishop Blvd.

Cheyenne, WY, 82009-3340

History

Effective 2024-12-06

Wyo. Code R. 045.0005.5.12062024 § 10 Criminal History Background Requirements

(a) All persons applying for a dealer or a Wyoming-based or direct-sale manufacturer license under W.S. 31-16-103 or a special sales permit under W.S. 31-16-127 shall submit to fingerprinting to obtain state and national criminal history record information.

(i) A current license holder applying for a renewal license or any other license under this section shall not be required to submit to a criminal history background check if the license is renewed or other license is issued within one year from the current license's expiration date.

(ii) All persons applying for a special sales permit under W. S. 31-16-127 shall be required to submit to a criminal history background check each year that they apply for a special sales permit.

(b) Each person applying shall submit two fingerprint cards to the Division of Criminal Investigation (DCI) through the department.

(c) Fingerprinting shall be done by a local law enforcement agency or by DCI. A fee may be charged for this service pursuant to statute.

(d) All information requested on the fingerprint cards shall be completed. The information shall be typed or legibly printed in black. No highlighter shall be used on the fingerprint cards.

(e) The fees for processing the state background check and the Federal Bureau of Investigation background check shall be submitted as indicated in the background instructions and on the application form.

(i) A certified check or money order is required before processing and shall be made payable to the Office of the Attorney General - DCI.

(ii) Applicants shall return the fingerprint cards at same time as their application and any other required forms for a dealer or a Wyoming-based manufacturer license or a special sales permit.

(iii) DCI shall reject and return fingerprint cards to the contributor if any information is incomplete or illegible. Applicants shall be required to submit new fingerprint cards along with a new fee payment if they choose to continue the application process.

(f) The department's Compliance and Investigation Program shall lawfully retain any criminal history background information it receives from DCI pursuant to statute, rules, or regulations for collecting and retaining such information concerning applicants for dealer or Wyoming-based manufacturer licenses or special sales permits.

(g) Applicants may make written formal requests for a copy of their criminal history record.

(h) The criminal history background check may take a minimum of 30 days for the results to return from DCI. W.S. 31-16-103(b) notwithstanding, no license or permit shall be issued until the department has reviewed the results of the criminal history background check and verified the application information or any other document.

History

Effective 2024-12-06

Chapter 7 Motor Vehicle Records

Wyo. Code R. 045.0005.7.12202023 § 1 Authority and Purpose

These rules of practice and procedure are promulgated by authority of W.S. 16-4-202(a) to protect the personal privacy of individuals by prohibiting the disclosure and use of personal information contained in their motor vehicle records, except as authorized by such individuals or by law.

History

Effective 2023-12-20

Wyo. Code R. 045.0005.7.12202023 § 2 Definitions

(a) "Department" means the Wyoming Department of Transportation.

(b) "Expressed consent" means written consent, including consent conveyed electronically that bears an electronic signature.

(c) "Highly restricted personal information" means an individual's image, social security number, or medical or disability information.

(d) "Motor vehicle record" means a record pertaining to a motor vehicle operator's permit, motor vehicle title or registration, or Department-issued identification card.

(e) "Person" means an individual, organization, or entity, but does not include this state or an agency thereof.

(f) "Personal information" means identifying information, including, but not limited to, an individual's image, social security number, driver identification number, name, address, email address, phone number, or medical or disability information. This type of information does not include information on vehicular accidents, driving violations, or driver's status.

(g) "Subject" means an individual or a legal entity about whom personal information is maintained in an information system.

History

Effective 2023-12-20

Wyo. Code R. 045.0005.7.12202023 § 3 Prohibition on Release and Use of Certain Personal Information from State Motor Vehicle Records

(a) Despite other provisions of state law to the contrary, except as provided in Sections 4 through 6 of this chapter, the Department and its officers, employees, agents, or contractors shall not release personal information the Department obtained from motor vehicle records.

(b) Despite other provisions of this chapter, under no circumstances shall highly restricted personal information the Department obtained from motor vehicle records be released, except as permitted by Section 5, subsections (a), (d), (f), and (i). This prohibition shall not in any way affect the use of organ donation information on an individual's driver's license or affect the administration of organ donation initiatives in the state.

Section 4. Required Disclosures. Personal information referred to in Section 3 of this chapter shall be disclosed to carry out the purposes of the following:

(a) Anti-car Theft Act of 1992, Titles I and IV;

(b) Automobile Information Disclosure Act (15 U.S.C. § 1231, et seq.);

(d) 49 U.S.C. § 30101, et seq.; § 32101, et seq.; and § 33101, et seq.; and

(e) All statutes and agency regulations enacted or adopted pursuant to the authority of or to attain compliance with the preceding Congressional acts.

History

Effective 2023-12-20

Wyo. Code R. 045.0005.7.12202023 § 5 Permitted Disclosures

The Department and its officers, employees, or contractors may disclose personal information referred to in Section 3 of this chapter, subject to the exception in Section 3(b), to any person requesting such records if the requestor provides proof of identity and demonstrates that the requested information shall be used strictly for one or more of the following purposes:

(a) For use by government agencies—including courts, law enforcement agencies, or private persons or entities acting on a government agency's behalf—in carrying out agency functions.

(b) For use in matters of motor vehicle or driver safety and theft; motor vehicle emissions; motor vehicle product alterations, recalls, or advisories; performance monitoring of motor vehicles, motor vehicle parts, or dealers; motor vehicle market research activities, including survey research; and removal of motor vehicle manufacturer non-owner records from original owner records.

(i) To verify the accuracy of personal information an individual submitted to the business or its agents, employees, or contractors; and

(ii) To obtain correct information if the submitted information is incorrect or is no longer correct for the sole purpose of preventing fraud by pursuing legal remedies against the individual or recovering on a debt or security interest against the individual.

(d) For use regarding civil, criminal, administrative, or arbitral proceedings before any court, government agency, or self-regulatory body—including the service of process, investigation in anticipation of litigation, and the execution or enforcement of judgments and orders—or regarding any court order.

(e) For use in research activities and in statistical reports, so long as the personal information is not published, redisclosed, or used to contact individuals.

(f) For use by any insurer; insurance support organization; or self-insured entity or its agents, employees, or contractors regarding claims investigation activities, anti-fraud activities, rating, or underwriting.

(g) For use in providing notice to the owners of towed or impounded vehicles.

(h) For use by licensed private investigative agencies or licensed security services for any purpose permitted under this section.

(i) For use by employers or their agents or insurers to obtain or verify information required under the Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. App. § 2710, et seq.) relating to commercial driver's license holders.

(j) For use in operating private toll transportation facilities.

(k) For any other use specifically authorized by law and related to motor vehicle operation or public safety.

History

Effective 2023-12-20

Wyo. Code R. 045.0005.7.12202023 § 6 Individual Records Disclosure

Personal information referred to in Section 3 of this chapter that is contained in an individual record may be disclosed to any requestor, without regard to intended use, if the Department obtained the express consent of the individual to whom such personal information pertains.

History

Effective 2023-12-20

Wyo. Code R. 045.0005.7.12202023 § 7 Additional Conditions

In addition to provisions for payment of applicable fees, the Department may, before releasing personal information as permitted under Sections 4 through 6 of this chapter, require requestors to identify themselves and certify that the released information shall be used only as authorized or that the subject of the requested information has provided express consent. Such conditions may include, but need not be limited to, making and filing a written application in such form and containing such information and certification requirements as the Department may prescribe.

History

Effective 2023-12-20

Wyo. Code R. 045.0005.7.12202023 § 8 Resale or Redisclosure

(a) Authorized recipients of personal information, except recipients under Section 5(k) or Section 6 of this chapter, may resell or redisclose such information for uses permitted under Section 5.

(b) Authorized recipients of personal information under Section 6 may resell or redisclose personal information for any purpose.

(c) The Department shall require authorized recipients, except recipients of individual records under Section 6, who resell or redisclose personal information to:

(i) Maintain, for not less than five years, records identifying each person or entity that receives information and the permitted use for which the information will be used; and

(ii) Upon request, make such records available for inspection by the Department.

History

Effective 2023-12-20

Wyo. Code R. 045.0005.7.12202023 § 9 Fees

(a) Motor Vehicle Registration or Title Records. All requests for motor vehicle registration or title records shall meet the requirements of Sections 3 through 8 of this chapter. The Department shall collect the following fees when filling such record requests:

(i) For the entire title and registration file: $4,250.

(ii) For a partial title and registration file: $2,250.

(iii) For each individual record supplied in written format: $15.

(iv) The Department shall charge contractor cost plus $1,000 for each request for records maintained pursuant to International Registration Program (IRP), International Fuel Tax Administrators (IFTA), or special fuel tax provisions.

(v) Additional fees shall be assessed for any requests requiring programming changes or additions.

(b) Driver's License Records. The Department shall collect the following fees when filling requests for driver's license records:

(i) Any person who meets the requirements for permitted disclosures under Section 5 shall pay a $3,250 minimum fee for the entire driver data file. A partial file fee shall be $1,750 minimum.

(ii) For permitted disclosures of individual records under Section 6 of this chapter, the fee shall be $3,250.

(iii) For special job runs for government agencies, the fee shall be $750 minimum.

(iv) For individual driving records, the fee shall be $10 per record request.

(v) Additional fees shall be assessed as needed for programming costs.

History

Effective 2023-12-20

Chapter 8 Courtesy, Novelty, or Sample License Plates

Wyo. Code R. 045.0005.8.04302014 Courtesy, Novelty, or Sample License Plates

Wyoming Department of Transportation

Courtesy, Novelty, or Sample License Plates

CHAPTER 8

Section 1. Authority.

These rules and regulations are promulgated by authority of W.S. 24-2-105 to administer distribution of courtesy, novelty, and sample license plates.

Section 2. Definitions.

(a) "Department" means the Wyoming Department of Transportation.

(b) 'Courtesy or novelty license plate" means a plate not intended for legal vehicle registration but instead produced by the Department for an individual and containing the current registration plate background, with letter or number combinations as approved by the Department.

(d) "Sample plate" means a plate produced by the Department for sample or display. This plate shall contain zeros (0s) or the letters SAMPL in all number spaces on the sample plate.

Section 3. Application.

(a) All requests for a courtesy, novelty, or sample license plate shall be made in writing to the Motor Vehicle Services Program.

(b) The request shall include an explanation or reasons for the request and how the plates will be used.

(d) Individual requests shall be limited to no more than 100 plates in a 12-month period. The Department, however, reserves the right to specify a smaller limit depending on the supply of plates.

(e) The Department shall have the sole authority to grant or deny a request.

(f) The request shall include the fee for the number of plates ordered. If the Department denies a request, the fee shall be returned.

Section 4. Fee.

Upon application for courtesy, novelty, or sample license plates, the Department shall collect a fee of $5 per plate to defray costs. The Department reserves the right to increase this fee as production costs increase.

Section 5. Reasons to Deny a Request.

The Department may deny a request for a courtesy, novelty, or sample license plate for any of the following reasons:

(a) Courtesy, novelty, or sample license plates to be displayed on a vehicle instead of valid registration plates as required by law.

(b) Any use deemed unlawful by this or any other state.

(c) Letter or number combinations that spell, connote, abbreviate, or are considered obscene, vulgar, indecent, or pruriently suggestive.

(d) Any use the Department deems unlawful, unreasonable, or questionable.

History

Effective 2014-04-30

Chapter 10 Ignition Interlock Devices and Service Providers

Wyo. Code R. 045.0005.10.04302014 Ignition Interlock Devices and Service Providers

Wyoming Department of Transportation

Ignition Interlock Devices and Service Providers

CHAPTER 10

Section 1. Authority and Purpose.

These rules of practice and procedure are promulgated by authority of W.S. 31-7-401 to administer ignition interlock devices and installers as discussed in W.S. 31-7-401 through W.S. 31-7-404.

Section 2. Definitions.

(a) As used in these rules and regulations, the following terms, when used, have the following meanings:

(i) "Calibrate" means to test and adjust an ignition interlock device so that it accurately measures alcohol concentration.

(ii) "Certificate" means a document issued by the Department authorizing a person to install and remove ignition interlock devices and, where applicable, to train installers.

(iii) "Circumventing" means an overt, conscious attempt to use a bogus or filtered breath sample or an electronic bypass mechanism to start a vehicle, or to push start or hot wire a vehicle without taking and passing an initial breath test.

(iv) "Department" means the Wyoming Department of Transportation.

(v) "Filtered breath sample" means a breath sample filtered through a substance such as, but not limited to, silica gel, drierite, cat litter, cigarette filters, water filters, or cotton in an attempt to remove alcohol from the sample.

(vi) "Initial breath test" means a breath test required to start a vehicle to ensure that the driver's alcohol concentration is below the maximum allowable level before a driver can start a vehicle.

(vii) "Ignition interlock service provider" means any person who installs, services, monitors, calibrates, or repairs ignition interlock devices and who must be certified by the Department to perform such work. The term will also include "manufacturer" as defined in this rule.

(viii) "Manufacturer" means a person who produces or assembles ignition interlock devices.

(ix) "Random retest" means a breath test required within randomly variable intervals while a driver is driving a vehicle to ensure that the driver's alcohol concentration remains below the maximum allowable level.

(x) "Reference sample" means either a dry gas sample or a wet bath solution containing a known concentration of alcohol at a known temperature used to calibrate an ignition interlock device.

(xi) "Service" means to calibrate, maintain, download data from, and inspect ignition interlock devices for evidence of tampering or circumventing, and to report information to the Department.

(xii) "Service technician" means an employee of an ignition interlock service provider who is trained by a manufacturer or an ignition interlock service provider to service ignition interlock devices.

Section 3. Initial Certification for Ignition Interlock Service Providers.

(a) No person or licensee may install or remove ignition interlock devices without first having obtained a certificate from the manufacturer.

(b) A person wishing to obtain a certificate as a service provider must file an application with the Department. A person may obtain an application by contacting the Department. The application shall contain:

(i) The applicant's name, address, and telephone number. A fax number and e-mail address should be included if available.

(ii) The name and location of the service center employing or contracting with the applicant;

(i) The applicant is at least 18 years of age;

(ii) The applicant has been convicted of any crime substantially related to the qualifications, functions, and duties required to install or remove devices;

(A) The applicant shall not have been convicted in the last 2 years of driving under the influence of alcohol or drugs;

(B) The applicant shall not have had a driver's license suspended, revoked, cancelled, denied, or disqualified in the last 2 years for any reason; and

(iii) The applicant has been convicted for circumventing or tampering with an ignition interlock device.

(d) An ignition interlock service provider shall be valid for one year from the issue date, unless suspended or revoked for cause before that date.

Section 4. Performance Standards for Ignition Interlock Devices.

All ignition interlock devices must be based on alcohol-specific fuel cell sensor technology and must meet the most current National Highway Traffic Safety Administration specifications as published in the Federal Register.

Section 5. Standards for Detecting Breath Alcohol Concentration.

(a) For an initial breath test, an ignition interlock device shall:

(i) Indicate by audible or visual means when a sufficient sample of breath has been collected.

(ii) Indicate the results of the breath test by using pass and fail signals and not by displaying a numerical alcohol concentration level.

(iii) Prevent a driver from starting a vehicle when:

(A) It detects an alcohol concentration of 0.025 or more grams of alcohol per 210 liters of breath.

(B) A driver fails to appear for a scheduled or violation service visit within the 5-day warning period.

(iv) Require a driver to wait 5 minutes before attempting to start the vehicle a second or third time if the driver's alcohol concentration on the initial breath test exceeded 0.025 grams per 210 liters of breath.

(v) Require a driver to wait 30 minutes before attempting to start the vehicle a fourth or subsequent time if the driver's alcohol concentration on the second breath test exceeded 0.025 grams per 210 liters of breath.

(vi) Allow a driver to start the vehicle for 3 minutes after successful completing an initial breath test.

(b) An ignition interlock device shall require random retests.

(i) The device shall require the driver to take a random retest within a randomly variable interval ranging from 3 to 10 minutes after a driver has passed an initial breath test and started the vehicle.

(ii) The device shall use an audible or visual warning to alert the driver that a random retest is required, and the driver shall have 5 minutes to take the random retest.

(iii) If a driver fails to take a random retest within 5 minutes of the warning, or if the device detects an alcohol concentration of 0.025 or more grams of alcohol per 210 liters of breath, the horn shall sound repeatedly or lights flash repeatedly until the vehicle is turned off. The device shall not allow the driver to restart the vehicle within 5 minutes after the ignition has been turned off without taking an initial breath test.

(iv) For the duration of travel, the device shall require additional random retests at random intervals ranging from 30 to 60 minutes after the previous test.

(v) If the vehicle is intentionally turned off or accidentally stalls after or during the warning of an impending random retest, but before the driver takes the random retest, the driver shall not be able to start the vehicle without taking an initial breath test.

Section 6. Data Recording Requirements for Ignition Interlock Devices.

(a) An ignition interlock device shall record the following driving events:

(i) All attempts to circumvent the device;

(ii) All attempts to tamper with the device;

(iii) All attempts to start the vehicle without first taking an initial breath test;

(iv) All attempts to continue driving the vehicle without taking a random retest;

(v) The date, time, alcohol concentration of the driver, and success or failure of each attempt to start the vehicle;

(vi) The date, time, alcohol concentration of the driver, and success or failure of each random retest;

(vii) The total number of events recorded by the data recorder since the last service visit; and

(viii) The number of vehicle starts.

(b) An ignition interlock device data recorder shall be incorporated into a module that cannot be detached and shall have a backup system to protect the security of all recorded data if the power supply to the device is interrupted or the sample head is disengaged or disconnected.

Section 7. Recertification of Ignition Interlock Service Providers.

(a) A service provider must file an application for renewal of his or her certificate with the Department within 30 days from the expiration date on the certificate.

(b) A person may obtain an application for renewal by contacting the Department.

(c) The Department shall renew the certificate of an ignition interlock service provider for a period of one year if the service provider:

(i) Has filed the required documents;

(ii) Meets the standards specified in preceding Section 3, Subsection (c) of these rules.

(d) The Department shall not renew the certificate of any service provider who:

(i) Fails to file the required documents; or

(ii) Fails to meet the standards specified in preceding Section 3, Subsection (c) of these rules.

Section 8. Installation of Ignition Interlock Devices.

(a) An ignition interlock service provider shall:

(i) Ensure that no driver or other unauthorized person witnesses the installation or removal of an ignition interlock device.

(ii) Inspect all vehicles before installation to determine that mechanical and electrical parts of the vehicle affected by an ignition interlock device are in acceptable condition and not install a device unless and until the vehicle is in acceptable condition.

(iii) Follow a manufacturer's written instructions for installing, servicing, and removing its ignition interlock devices.

(iv) Install the following physical anti-tampering measures:

(A) Use solder or equivalent (hard wire) on all connections between an ignition interlock device and a vehicle.

(B) Place all connections between a device and a vehicle under the dash or in an inconspicuous area of the vehicle.

(I) Any portion of an ignition interlock device that can be disconnected;

(II) All wires used to install the device that are not inside a secured enclosure; and

(III) All exposed electrical connections.

(D) Mark points likely to be accessed when attempting to tamper with the device, such as battery post terminals, the wire to the starter solenoid, the wire to the ignition, dash screws, and so forth with a special mark, seal, paint, epoxy, resin, or other material unless the device is capable of recording such attempts to tamper with it.

(b) An ignition interlock service provider shall calibrate each device at a calibration set point of 0.03 using the known concentration of an approved reference sample before the device is installed in a vehicle.

Section 9. Servicing of Ignition Interlock Devices.

(a) An ignition interlock service provider shall:

(i) Service a device within 30 days after the initial installation and thereafter as recommended by the manufacturer, but not to exceed 60 days.

(ii) Ensure that another device is substituted whenever an installer removes a device for any reason.

(iii) Calibrate every installed device at least every 60 days.

(b) At each service visit, the ignition interlock service provider shall:

(i) Perform a calibration confirmation test to verify that the device measures an approved reference sample within plus or minus 0.005 grams per 210 liters of the known concentration of the reference sample.

(A) If the result of the calibration confirmation test is not within plus or minus 0.005 grams per 210 liters of the known concentration of the approved reference sample, the service center operator shall recalibrate the device.

(B) If the device fails the calibration confirmation test after being recalibrated, the service center operator shall ensure that a new device is installed.

(ii) Check that the device will permit a driver to restart a vehicle within 5 minutes without taking another breath test after the vehicle has stalled or been turned off.

(iii) Check the device for evidence of tampering and circumvention. An ignition interlock service provider shall document and photograph any perforations, cuts, or other evidence of possible tampering.

Section 10. Record Keeping and Reporting Requirements.

(a) A manufacturer shall maintain for 3 years and make available to the Department upon request:

(i) Records on every driver, including the results of every service visit;

(ii) Service, calibration, repair, and replacement records on each device installed; and

(iii) Records of all complaints received and corrective actions taken by the ignition interlock service provider. The report shall be categorized by:

(A) Customer error or operation.

(B) Faulty automotive equipment.

(D) Device failure.

(b) Within 5 business days of a service visit, a manufacturer shall report, in a format prescribed by the Department:

(i) Any evidence of circumventing, removing, or tampering with the device.

(ii) Any failure to appear for a service visit within the 5-day warning period.

(iii) The failure of any initial breath tests within a 3-hour period.

(iv) The failure of 6 random retests in any 30-day period.

(c) A manufacturer shall submit to the Department statistical data regarding driver and equipment performance every 30 days or at other times upon request.

Section 11. Removal of Ignition Interlock Devices.

(a) An ignition interlock service provider shall remove an ignition interlock device, permanently reconnect all severed wires and insulate them with heat shrink or equivalent, and otherwise return a vehicle to normal operating condition:

(i) For devices installed pursuant to W.S. 31-7-401 through W.S. 31-7- 404:

(A) Upon expiration of the term specified in W.S. 31-7-402; or

(B) Upon lawful order of the court or Department.

(ii) When the driver's ignition interlock license has been suspended pursuant to W.S. 31-7-403.

(b) An ignition interlock service provider shall notify the appropriate authorities and may petition the Department for authorization to remove an ignition interlock device if any of the following occur:

(i) The vehicle in which the device is installed is sold, stolen, damaged beyond repair, repossessed, permanently moved out of the ignition interlock service provider's territory, or impounded.

(ii) The driver is deceased.

(iii) The sentenced driver fails or refuses to pay fees for so long that the device will not function until it is serviced.

(iv) If a driver refuses to continue to use an ignition interlock device and demands that it be removed, an ignition interlock provider may remove the device, but shall immediately notify the Department of the removal.

Section 12. Responsibilities of the Department.

(a) The Department shall establish and maintain a list of ignition interlock devices approved for use in Wyoming by manufacturer and model or class.

(b) The Department or its designee shall have the right to periodically evaluate:

(i) The technical competency and reliability of ignition interlock service providers;

(ii) Service centers and service technicians for ignition interlock service providers; and

(iii) The installation, servicing, and removal of ignition interlock devices.

Section 13. Suspension or Revocation of Approval for an Ignition Interlock Device.

(a) The Department may suspend or revoke its approval of an ignition interlock device if:

(i) The Department has evidence of repeated device failure because of gross defects in design, materials, or manufacture.

(ii) The manufacturer requests the Department to remove a device from the list of approved devices.

(iii) The Department finds that the device does not meet the requirements of this rule.

(iv) The Department has reasonable cause to believe the device was inaccurately represented to meet the requirements of this rule.

(b) The suspension or revocation shall be effective 30 days after notice is sent to the manufacturer or ignition interlock service provider via certified mail, return receipt requested, except in cases in which the Department determines immediate suspension or revocation is necessary for the safety and welfare of the citizens of Wyoming.

a suspension or revocation. This request shall be submitted to the Department in writing within 30 days of the suspension or revocation.

(d) Upon suspension, revocation, or voluntary surrender of an approval, a manufacturer or ignition interlock service provider shall notify all of its retailers in Wyoming that they shall:

(i) Not install that model or class of device in any driver's vehicle after the effective date of the suspension, revocation, or voluntary surrender; and

(ii) Shall remove all such devices from drivers' vehicles. A manufacturer shall be responsible for all costs connected with removing such devices and installing new devices from the Department's list of approved devices.

Section 14. Suspension or Revocation of an Ignition Interlock Service Provider's Certificate.

(a) The Department may suspend or revoke the certificate of a service provider if:

(i) The Department finds that the ignition interlock service provider has not complied with the requirements of this rule.

(ii) The ignition interlock service provider has been convicted of:

(A) Circumventing or tampering with an ignition interlock device; or

(B) Any other crime substantially related to installing, servicing, and removing devices.

(b) The suspension or revocation shall be effective 30 days after notice is sent to the ignition interlock service provider via certified mail, return receipt requested, except in cases where the Department determines immediate suspension or revocation is necessary for the safety and welfare of the citizens of Wyoming.

(c) An ignition interlock service provider may request a review of suspension or revocation. This request shall be submitted to the Department, in writing, within 30 days of the suspension or revocation.

(d) Upon suspension or revocation, an ignition interlock service provider shall notify:

(i) The manufacturers of the models or classes of devices the ignition interlock service provider has been providing; and

(ii) The drivers of vehicles for whom the ignition interlock service provider has provided a device.

History

Effective 2014-04-30

Chapter 11 Rebuttable Presumption

Wyo. Code R. 045.0005.11.01032018 § 1 Authority and Purpose

These rules are promulgated by authority of Wyoming Statute 24-2-105 and by the requirements of W.S. 31-2-201 and W.S. 31-2-224 to establish a rebuttable presumption pertaining to ownership of vehicles registered under the laws of another jurisdiction and operated by Wyoming residents.

History

Effective 2018-01-03

Wyo. Code R. 045.0005.11.01032018 § 2 Definitions

(a) "Department" means the Wyoming Department of Transportation (WYDOT).

History

Effective 2018-01-03

Wyo. Code R. 045.0005.11.01032018 § 3 Procedure for Rebuttal Presumption

(a) WYDOT receives notice from the Department of Revenue, a county treasurer, or a Wyoming peace officer that a vehicle requires Wyoming registration.

(b) The notice will include evidence pertaining to at least one of the factors cited in the statute:

(i) The resident was a vehicle purchaser;

(ii) The resident operated or stored the vehicle in Wyoming for any period of time;

(iii) The resident is a partner, member, or shareholder of the business entity that purports to be the owner of the vehicle;

(iv) The resident is insured to drive the vehicle.

(c) To avoid interfering with court jurisdiction and confusion concerning the appeals process, the Department will not act based on a citation for failure to register until the citation process and all appeals are completed.

(d) If WYDOT determines that registration is required, it informs the resident in writing concerning:

(i) The requirement to register;

(ii) The 30-day period to pay; and

(iii) The penalty, in addition to the fees and taxes due, if subsequently cited for violation.

(e) After notification from WYDOT, the resident has the opportunity to submit to WYDOT within 30 days evidence that registration is not required.

(f) If evidence is submitted,

(i) The Department may determine the presumption rebutted.

(ii) The Department may state that insufficient information exists to rebut presumption.

(g) If the resident receives notice that the presumption is not rebutted, the resident may appeal using the Department's appeal process described in WYDOT Rules and Regulations, General Section, Chapter 3, Appeals and Hearings. After receiving the notice, the resident shall have 30 days to request a hearing.

(h) If the resident is subsequently cited, he or she owes taxes, fees, and any lawful penalty imposed.

11-1

History

Effective 2018-01-03

Chapter 12 Wildlife Conservation License Plates

Wyo. Code R. 045.0005.12.09082023 § 1 Authority and Purpose

The Wyoming Department of Transportation (WYDOT) promulgates these rules by authority of W.S. 31-2-231 to specify WYDOT program and account procedures for wildlife conservation license plates.

History

Effective 2023-09-08

Wyo. Code R. 045.0005.12.09082023 § 2 Application Procedures and Fees

(a) WYDOT shall design and administer wildlife conservation license plates as described in W.S. 31-2-231, which also prescribes applicable fees.

(b) As described in W.S. 31-2-231(b), WYDOT may also accept additional, voluntary contributions to the Wildlife Conservation Account.

History

Effective 2023-09-08

Wyo. Code R. 045.0005.12.09082023 § 3 Wildlife Conservation Account

(a) As required by W.S. 31-2-231(b), WYDOT shall establish and maintain a separate Wildlife Conservation Account within the state highway fund created by W.S. 24-1-119.

(b) All fees as described in W.S. 31-2-231(b) shall be placed in the separate Wildlife Conservation Account for use in wildlife conservation efforts as prescribed in W.S. 31-2-231(b)(i) including signage, wildlife corridors, wildlife crossings, and game fences.

(c) As required by W.S. 31-2-231(b), WYDOT may receive and credit to the Wildlife Conservation Account any money or property of any kind or character donated or bequeathed for wildlife conversion efforts related to the transportation system.

(i) WYDOT shall expend all funds placed into the Wildlife Conservation Account on conservation efforts as prescribed by W.S. 31-2-231 with the approval of the Transportation Commission and in collaboration with the Game and Fish Commission.

(ii) WYDOT, with the approval of the Transportation Commission, shall have the authority to carry out any terms of the grant, donation, or bequest notwithstanding the provisions of these rules.

History

Effective 2023-09-08

Wyo. Code R. 045.0005.12.09082023 § 4 Account Procedures

(a) WYDOT shall obtain Transportation Commission approval before obligating any funds from the Wildlife Conservation Account, and all funds shall be spent only on projects approved by the Game and Fish Commission.

(b) Funds placed into the Wildlife Conservation Account shall be available for the following activities related to wildlife conservation:

(i) Construction; and

(ii) Repair and maintenance of infrastructure designed to facilitate wildlife movement or other expense related to wildlife conservation efforts as set forth in W.S. 31-2-231(b)(i).

(c) No funds from the Wildlife Conservation Account shall be used for WYDOT overhead or other indirect agency costs, nor for direct agency costs related to preliminary engineering or construction engineering.

12-1

History

Effective 2023-09-08

279 Railroad & Transportation Tariffs Section

Chapter 1 Rail-Highway Crossings

Wyo. Code R. 045.0008.1.05242002 Rail-Highway Crossings

Wyoming Department of Transportation

Rail-Highway Crossings

CHAPTER 1

Section 1. Authority.

The Transportation Commission of Wyoming is authorized to close or establish public rail-highway crossings and to administer the Highway Crossing Protection Account under W.S. 37-10-101, et seq. This chapter is promulgated pursuant to the authority granted in W.S. 24-2-105.

Section 2. Applicability.

(a) The design, construction, and maintenance standards set forth in this chapter shall apply to at-grade crossings only as the crossings are established or modified. Existing at-grade crossings may remain nonconforming until such time as they are modified.

(b) New at-grade crossings shall comply with the approach gradeline provision and the maximum feasible sight distances contained in this chapter.

Section 3. Definitions.

(a) "At-grade crossing" means the intersection of a public road and the track or tracks of any railroad corporation or street railway corporation in Wyoming, other than crossings using a grade separation structure.

(b) "Commission" means the Transportation Commission of Wyoming.

(c) "Detour" means the temporary rerouting of public road traffic to other roads immediately adjacent to a track crossing under construction.

(d) "Exempt crossing sign" means an official traffic-control device that gives notice that the stopping requirement imposed by W.S. 31-5-511 does not apply at a particular at-grade crossing.

(e) "MUTCD" means the Manual on Uniform Traffic Control Devices.

(f) "Public road agency" means a government agency, the state, a county, city, town, or other political entity having jurisdiction over a highway.

(g) "Public roads and highways" means a road, street, or highway operated, maintained, and legally dedicated according to Wyoming law to public use by the state or any of its political subdivisions, but shall not include private roads as specified in W.S. 24-1-101.

(h) "Temporary track crossing" means a temporary crossing of railroad tracks built for road agency construction activities and may or may not include public traffic.

(i) "WYDOT" mean the Wyoming Department of Transportation.

(j) "WYDOT's Standard Special Provisions" means the special conditions or requirements for contractors working on at-grade crossings.

Section 4. Procedure for Establishing or Closing At-grade Crossings.

(a) Using the appropriate WYDOT form, a railroad, or a public road agency, shall apply to the Commission for authorization to establish or close an at-grade crossing, except temporary crossings and detours.

(b) When it receives an application, or when the public interest clearly indicates action should be taken, upon its own motion, the Commission shall establish a diagnostic team including representatives of the railroad, the public road agency, and WYDOT to review the application.

(c) Before establishing or closing an at-grade crossing, the diagnostic team shall use the appropriate safety, traffic, cost, maintenance, and engineering factors to evaluate the application, and it shall base its recommendations on these factors.

(d) The tentative recommendations of the diagnostic team shall be submitted to all public road agencies affected by the proposed crossing change. Public road agencies may provide comments regarding the diagnostic team's tentative recommendations. The diagnostic team may hold a public meeting to solicit public comment and to disseminate the diagnostic team's tentative recommendations to the public. The diagnostic team shall consider these comments in formulating its final recommendations.

(e) The diagnostic team shall submit its final findings and recommendations to the Commission.

Section 5. Standards for New At-grade Crossings.

(a) The construction of a new at-grade crossing or the closing of an existing at-grade crossing shall comply with WYDOT's Standard Special Provisions and applicable railroad regulations.

(b) When traffic control measures are installed at new at-grade crossings, they shall comply with the MUTCD.

Section 6. Procedure for Modifications to Existing At-grade Crossings.

(a) Requests for authorization to modify an existing at-grade crossing shall follow the procedure set forth in Section 4 of this chapter, except that the diagnostic team shall not present its tentative recommendations to the public.

(b) Requests for authorization to remove sight distance obstructions at existing at-grade crossings shall be treated as requests for modification.

Section 7. Standards for Modifications to Existing At-grade Crossings.

Modifications to existing at-grade crossings shall comply with WYDOT's Standard Special Provisions and applicable federal railroad regulations.

Section 8. Cost Allocation.

(a) The Commission shall apportion costs and expenses associated with at-grade crossings in accordance with W.S. 37-10-103 and W.S. 37-10-104.

(b) The railroad is responsible for the cost of maintaining rail crossing safety devices and surfacing in accordance with W.S. 37-10-104(b).

(c) When a public road agency applies to establish an at-grade crossing, and federal funding is used, costs shall be split according to proportions outlined in 23 CFR 140, 23 CFR 646 B, and W.S.

37-10-101, et seq.

(d) When a railroad applies to establish an at-grade crossing or initiates modification of a crossing, including the addition of multiple tracks, it shall pay for new signalization or for upgrading existing signals and related electronic components and circuits; installing, modifying, or replacing track crossing surfacing systems; detours and traffic controls; temporary crossings; and making road gradelines comply with these regulations. New signals, gates, or surfacing shall be replaced with like equipment or with current technology.

(e) When a public road agency initiates at-grade crossing reconstruction, the agency shall pay for the requested improvements, including detours, traffic controls, and temporary crossings, less federal matching funds, if applicable.

(f) Nothing in this chapter shall prevent or prohibit participation in the project's costs by WYDOT or the railroad.

Section 9. Project Agreements.

(a) The public road agency, if other than WYDOT, shall enter into an agreement with the railroad specifying in detail the duties and responsibilities of all parties involved for design, construction, and future maintenance of detours, warning devices, signals, crossing surfacing systems, and temporary crossings.

(b) Any work covered by standard railroad operating practices that the public road agency requests the railroad to perform, such as railroad flagging and inspection, shall also be covered by a written agreement between the affected parties.

(d) If the Commission initiates a project on its own motion, or if federal funds are used to pay any portion of the costs of the project, the Commission and the affected railroad shall enter into an agreement as required by 23 CFR 646.216.

Section 10. At-grade Crossing Inventory Form.

(a) WYDOT shall prepare and file the American Association of Railroads (AAR) Crossing Inventory Form with the United States Department of Transportation on behalf of public road agencies for all at-grade crossing projects.

(b) The railroad shall prepare the American Association of Railroads (AAR) Crossing Inventory Form with the United States Department of Transportation for all at-grade crossing projects.

The railroad shall keep one copy of the form, and send three copies to the WYDOT Planning Inventory Section.

(c) The inventory crossing number designated by the United States Department of Transportation shall be included on all plans and correspondence concerning the at-grade crossing project.

Section 11. Notice of Intended Work.

The railroad shall contact the engineer of the public road agency having jurisdiction over the road crossing the tracks in advance of any track maintenance, track addition, or track rehabilitation project. The public road agency having jurisdiction over the road crossing the tracks shall notify the railroad in advance of any project the public road agency intends to undertake.

Section 12. Railroad Information to be Filed.

To facilitate the Commission's evaluation of whether the public interest clearly indicates that action be taken concerning the establishment or closing of at-grade crossings, each railroad operating within Wyoming shall file with WYDOT:

(a) The latest train counts on all tracks the railroad operates and affected crossings, on an annual basis.

(b) All revised railroad mileposts, United States Department of Transportation inventory numbers, and any other information concerning changes to rail or track systems whenever changes occur, within 120 days of the change.

Section 13. Highway Approach Grades.

(a) The approach grade shall not exceed 1 percent in the vertical plane measured from the grade across the railroad tracks. The approach vertical gradeline shall extend a distance of 30 feet beyond the crossing surface.

(b) From the end of the 1 percent grade, the approach shall conform to appropriate design standards and not exceed a 5 percent grade.

(c) The Commission shall not approve a crossing project unless required approach road modifications are included in the crossing project or completed prior to it.

Section 14. Crossing Surfacing Systems.

(a) Crossing surfacing systems shall be based on the type and volume of rail and highway traffic. Acceptable crossing surfacing systems include:

(i) Planking for local improved low-volume dirt or gravel roads.

(ii) Rubber or concrete surfacing for all other road types.

(iii) Use of replacement material equal to or better than the original.

(b) Surfacing systems installation shall comply with manufacturer and railroad specifications.

(c) The crossing surfacing system shall be adjusted or replaced whenever the distance between the crossing surface and the top of the rail exceeds 2 inches.

(d) The surfacing system shall be as wide as the roadway travel lanes plus usable shoulders, but not less than 18 feet.

(e) The surfacing system between the rails and extending 2 feet on the outside of the rails shall be level with the approach grade.

(f) The surfacing system for multiple tracks shall be constructed to minimize the stair-step effect caused by the different rail elevations.

Section 15. At-grade Crossing Protective Devices.

(a) The type and placement of protective devices and pavement markings for at-grade crossings shall be in accordance with the MUTCD.

(b) The Commission shall consider flashing light signals with automatic gates for the following:

(i) On multiple mainline tracks.

(ii) On multiple tracks where standing trains or parked equipment may obstruct the view of a train moving on an adjacent track.

(iii) On high speed crossings with limited sight distance for road traffic.

(iv) On crossings with high speed trains or significant volumes of both highway and rail traffic.

(v) On other crossings as determined by a diagnostic team.

(i) Urban grade crossings.

(ii) Divided roadways.

(d) At-grade crossings not fitting the preceding criteria for lights with gates but having sufficient single-track mainline rail traffic may be equipped with flashing lights only.

(e) Cantilevered signals shall be used in accordance with the MUTCD. The Commission shall also consider these devices for crossings with restricted stopping and sight distances.

(f) If warranted, advance warning flashers shall be connected into the crossing's flashing light signals to alert road traffic that a train is about to enter the crossing.

(g) The Commission shall consider crossbucks and advance warning signs in accordance with the MUTCD, at a minimum, for all at-grade crossings.

(h) The Commission shall not approve projects to install signal systems, advance warning, or crossing warning devices; motion sensors; or speed detectors and related sensors and predictors that do not use state of the art technology, unless sufficient justification exists to use salvaged or other devices as part of the project. This provision applies to new installations or the upgrade of these devices at an existing installation.

Section 16. Sidewalks and Bicycle Paths.

(a) Pedestrian walkways or bicycle paths located adjacent to the roadway shall be routed outside the signal masts on both sides of the crossing, and may be protected by short-arm pedestrian gates.

Pedestrian crossings shall be as close to perpendicular to the tracks as possible.

(b) Pedestrian walkways or bicycle paths located away from a roadway crossing shall include separate crossing with signals, signs, and pavement markings as prescribed by the MUTCD.

(d) Walkways and bicycle paths shall comply with the Americans with Disabilities Act (ADA).

Section 17. Detours and Temporary Crossings.

(a) The design, application, installation, and maintenance of detours and temporary crossings required for rail crossing projects shall comply with the MUTCD.

(b) The railroad and the public road agency shall be responsible for all detours, traffic control, and temporary crossings in their respective rights-of-way.

Section 18. Placement of Signals, Pavement Markings, and Utilities.

(a) All new railroad crossing signs, signals, stop signs, and pavement markings shall comply with the MUTCD.

(b) The railroad and the public road agency shall ensure that rail crossing signals, signs, appurtenances, and utilities on their respective rights-of-way shall be placed to minimize sight distance obstructions for the road user according to current safety, traffic, and engineering standards.

(c) Rail crossing signs, signals, gates, and markings shall not be obstructed or interfered with by vegetation, trees, advertising signs, utility lines, or other obstacles.

Section 19. Exempt Crossing Signs.

(a) Public road agencies may install exempt crossing signs at an at-grade crossing when the track is relegated to inactive service.

(b) Exempt crossing signs shall comply with the MUTCD.

(c) Pursuant to W.S. 31-5-511(b), school buses are required to stop at all at-grade crossings, irrespective of the presence of an exempt crossing sign.

Section 20. Traffic Signals.

(a) The public road agency and the railroad shall jointly determine the proper interconnection of traffic signals and railroad crossing signals including the type of sensors and predictors to be used. These interconnections shall comply with the MUTCD.

(b) The public road agency and the railroad shall inspect and approve interconnected systems at least annually.

Section 21. Maintenance Responsibilities.

(a) The railroad shall be responsible for maintaining signal systems and related components for at-grade crossings in proper working condition at its own expense.

(b) The railroad shall be responsible for maintaining at-grade crossing surfacing systems between all tracks and two feet beyond the outermost rail in good condition at its own expense.

(c) The railroad shall remove snow, ice, and debris between all tracks and two feet beyond the outermost rail. The public road agency shall be responsible for removing snow, ice, and debris from the remainder of the crossing.

(d) The public road agency shall be responsible for maintaining the crossing road.

(e) The pavement and subsurface of a road disturbed by track activities of the railroad or its tenants shall be restored at railroad or tenant expense.

Section 22. Secondary Use Permits.

(a) When a track crosses a public road by a permit or easement granted by WYDOT, the railroad shall contact WYDOT and request a permit for secondary use for facilities not related to the operation of trains. Other public roads will be determined by the public entity having jurisdiction.

(b) WYDOT shall not charge for secondary use permits located on WYDOT's road right-of- way.

Section 23. Audits.

Railroad records pertaining to an at-grade crossing project paid for, in any portion, by state or federal funds shall be available for audit for a period of 3 years from the date of final payment.

Section 24. Compliance.

(a) Payments by WYDOT to an entity installing, constructing, or modifying an at-grade crossing or safety signals and devices shall not be released until the work has been completed to the satisfaction of WYDOT.

(b) If the Commission becomes aware of any violations of federal law by a railroad involving public safety at any crossing, the Commission shall immediately notify the appropriate federal agency with responsibility over the violation.

Section 25. Forms.

(a) Information about the forms described in this rule and regulation shall be available through the Wyoming Department of Transportation Utilities and Railroads Section, 5300 Bishop Blvd., Cheyenne, Wyoming, 82009-3340, telephone 307-777-4133.

(b) Please see the following pages for form examples.

WYDOT Petition Form 10

(for Use by Other than Railroads)

STATE OF WYOMING

DEPARTMENT OF TRANSPORTATION

GRADE CROSSING PETITION

(File original and one copy)

To the Wyoming Department of Transportation

Utilities/Railroads Section

P.O. Box 1708

Cheyenne, Wyoming 82003

To open, close, improve or establish and install safety protection at any grade crossing within the petitioner's jurisdiction. The Petitioner herein respectfully shows:

Petitioner
Address
Proposal

located at _________________, in the County of on the

Railroad at DOT Crossing No. at Railroad Mile Post #_

The reasons and purpose for petition:

________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ _______________________ (Describe in detail. Attach extra sheets and plans if necessary.)

Petitioner requests the Department to consider and act upon this matter, after investigation and hearing, if necessary, and proceed to enter an appropriate order.

6. Petitioner further asks that notice be given to Railroad, Respondent herein, upon whom service may be made at

dated at ______________, Wyoming, this ____ day of ___________ 20.

________________________________________ ________________________________________ ________________________________________ Petitioner(s) or duly authorized agent(s)

Attest / Witness: _______________________________________

WYDOT Petition

Form 10A

Sheet 1 of 3

(for use by railroad companies)

STATE OF WYOMING

DEPARTMENT OF TRANSPORTATION

RAILROAD / HIGHWAY CROSSING PETITION

(file original and one copy to)

The Wyoming Department of Transportation

Utilities/Railroads Section P.O. Box 1708

Cheyenne, Wyoming 82003

A. PURPOSE OF PETITION ( select from listed options ) Construct a new at-grade crossing; Reconstruct an existing at-grade crossing; Change a crossing from private to public status or public to private; Close and remove a public crossing; Construct a grade separation structure; Remove a grade separation structure; Reconstruct or widen a grade separation structure; Reconstruct a surfacing system or signals at a grade crossing; Add or remove tracks at a grade separation or an at-grade crossing; or any other work affecting a railroad/highway crossing. (describe):

B. APPLICANT

NAME OF APPLICANT:

MAILING ADDRESS:

TELEPHONE NO:_______________________ FAX NO:

CONTACT PERSON (if different than applicant)

MAILING ADDRESS:

TELEPHONE NO:______________________FAX NO:

C. LOCATION OF RAILROAD/HIGHWAY CROSSING: Physical Features

US DOT/AAR CROSSING NUMBER:

NAME OF TRACK OWNER or RAILROAD CO.:

RAILROAD MILEPOST:_____________________RAILROAD DIVISION:

COUNTY: SECTION: T: R:

ROAD/HIGHWAY NAME and/or NUMBER:

HIGHWAY MILEPOST:

NAME(S) OF ADJACENT LANDOWNERS:

IS THE ROAD/HIGHWAY PUBLIC or PRIVATE? PUBLIC PRIVATE PROVIDE EVIDENCE OF THE PUBLIC OR PRIVATE NATURE OF THE ROAD/HIGHWAY (Evidence can be in the form of public documents from municipal or state agencies indicating the road is on their system or from a private owner showing the road to be on private land for private purposes.)

______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ __________________________________________________ (use additional sheets if necessary)

WIDTH OF ROAD:______________________TYPE OF SURFACING:

WIDTH OF BRIDGE(S):

TYPE OF BRIDGE(S): ( concrete, steel, timber)

D. EXISTING PROTECTIVE DEVICES

DESCRIBE SIGNS and SIGNALS:

ARE GATES IN OPERATION: YES: __________ NO: _____________

E. TRACK

TOTAL TRACKS AT THIS LOCATION:______________________________________ MAINLINE TRACK(S): _______________ SPUR TRACK(S):_____________________ ARE ALL TRACKS IN USE? YES: ___ NO: ___ IF NO, HOW MANY ARE IDLE?_______

FREQUENCY OF TRAINS (total/day/week ):___________________________________ MAINLINE FREQUENCY: __SPUR TRACK(S) FREQUENCY:

ARE TRACK SWITCHES LOCATED IN OR NEAR THE ROAD CROSSING OR UNDER BRIDGE(S) YES: _____ NO: _____ IF YES, DESCRIBE LOCATION:_____ ______________________________________________________________________________ __________________________________________________________________

F. OTHER FACILITIES NEAR CROSSING

RAILROAD COMMUNICATION LINES: Which side of track(s): __________________________________________ Aerial, buried or both: __________________________________________ RAILROAD SIGNAL LINES: Which side of track(s): __________________________________________ Aerial, buried or both: __________________________________________ RAILROAD TENANT FACILITIES: Which side of track(s): __________________________________________ Aerial, buried or both: __________________________________________ TYPE OF FACILITY:______________________ Aerial, buried or both:____________

G. PROPOSED WORK BY APPLICANT

(Provide a summary of the items to be installed, removed or altered. List the type of new construction, reconstruction, upgrading or modification being proposed. Use additional sheets if necessary.)

History

Effective 2002-05-24

Chapter 2 Rail-Highway Grade Separations

Wyo. Code R. 045.0008.2.05242002 Rail-Highway Grade Separations

Wyoming Department of Transportation

Rail-Highway Grade Separations

CHAPTER 2

Section 1. Authority.

This chapter is promulgated in accordance with W.S. 37-10-101, et seq., and W.S. 24-2- 105.

Section 2. Applicability.

This chapter applies to constructing or modifying railroad grade separation structures over or under public roads and highways in the state.

Section 3. Definitions.

As used in this chapter:

(a) "Commission" means the Transportation Commission of Wyoming.

(b) "Public road agency" means a government agency, the state, a county, city, town, or other political entity having jurisdiction over a highway.

(c) "Public roads and highways" means a road, street, or highway operated, maintained, and legally dedicated according to Wyoming law to public use by the state or any of its political subdivisions, but shall not include private roads as specified in W.S. 24-1-101.

(d) "WYDOT" means the Wyoming Department of Transportation.

Section 4. Procedure for Establishing or Closing Grade Separation Crossings.

(a) Grade separation structures shall be installed at all new railroad crossings in accordance with W.S. 37-10-103(b) and W.S. 37-10-103(c).

(b) Using the appropriate WYDOT form, a railroad, or a public road agency, shall apply to the Commission for authorization to establish or close a railroad-highway crossing with grade separation structure over or under the tracks, in accordance with W.S. 37-10-102.

(c) When it receives an application, or when the public interest clearly indicates action should be taken, upon its own motion, the Commission shall establish a diagnostic team including representatives of the railroad, the public road agency, and WYDOT to review the application.

(d) The diagnostic team shall use the appropriate safety, traffic, cost, maintenance, and engineering factors to evaluate the application, and the team shall base its recommendations on these factors.

(e) The tentative recommendations of the diagnostic team shall be submitted to all public road agencies affected by the proposed crossing change. Public road agencies may provide comments regarding the diagnostic team's tentative recommendations. The diagnostic team may hold a public hearing to solicit public comment and to disseminate the diagnostic team's tentative recommendations to the public. The diagnostic team shall consider these comments in formulating its final recommendations.

(f) The diagnostic team shall submit its final findings and recommendations to the Commission.

Section 5. Standards for New Grade Separation Structures.

(a) The minimum vertical clearance for secondary state highways and low-use roads under railroads shall be 16 feet 6 inches.

(b) The minimum vertical clearance for primary state highways and interstates under railroads shall be 17 feet 6 inches.

(c) The Commission shall prescribe the lateral clearances between piers or underpass walls in accordance with WYDOT, railroad, and federal design standards.

(d) Crash walls shall be installed to protect piers adjacent to railroad tracks in accordance with the American Railway Engineering Association (AREA) Manual for Railway Engineering.

Section 6. Maintenance Responsibilities.

(a) The public road agency shall bear all maintenance costs for its own separation structures. The railroad shall bear all maintenance costs for its own separation structures. Maintenance of joint separation structures shall be as agreed to by the parties involved, as in accordance with W.S. 37-10-104(c).

(b) The railroad shall pay for maintaining its tracks and related signal and communication lines attached to a grade separation structure or paralleling the tracks.

Section 7. Drainage and Debris.

Grade separation structures, whether a road over a railroad or a railroad over a road, shall be designed, constructed, and maintained to prevent debris from falling, or drainage from pooling or flowing, onto the facility below.

Section 8. Forms.

Forms described in this rule and regulation shall be available through the Wyoming Department of Transportation Utilities and Railroads Section, 5300 Bishop Blvd., Cheyenne, Wyoming, 82009-3340, telephone 307-777-4133.

History

Effective 2002-05-24

Chapter 3 Fireguards, Fencing of Railroad Property & Claims for Injury to Livestock

Wyo. Code R. 045.0008.3.05242002 Fireguards, Fencing of Railroad Property & Claims for Injury to Livestock

Wyoming Department of Transportation

Fireguards, Fencing of Railroad Property, and Claims for Injury to Livestock

CHAPTER 3

Section 1. Purpose.

As required by W.S. 37-9-310, these rules are promulgated to ensure compliance with W.S. 37- 9-301, et seq., by railroad companies responsible for maintaining railroad property and rights-of-way within Wyoming.

Section 2. Definitions.

The following definitions shall apply to this chapter:

(a) "Area" means the rights-of-way located between 2 stated railroad mileposts lying to the right or left side, or both sides, of the main track(s). Locations requiring fireguard treatment shall be designated by railroad mileposts.

(b) "Auto gate cattle guard" means, instead of a gate, an opening in a fence with a ground grill that stock will not cross.

(d) "Commission agent" means the Wyoming State Forestry Division (WSFD) acting for and on behalf of the Commission.

(e) "Department" means the Wyoming Department of Transportation (WYDOT), Utilities and Railroads Section, 5300 Bishop Boulevard, Cheyenne, WY 82009-3340 (telephone 307-777-4859).

(f) "Fencing" means fences that meet or exceed Department fencing standards on both sides of the track.

(g) "Field inspection" means an inspection of any railroad right-of-way within Wyoming, except any railroad right-of-way within any town or city limit.

(h) "Fireguard" means a man-made or natural obstruction to prevent fire from spreading to lateral areas along railroad rights-of-way or the obstruction created by discing, blading, sterilizing, burning, or spraying.

(i) "Livestock or stock" means all classes of horses, asses, mules, cattle, sheep, swine, buffalo, llamas, beefalo, and other domesticated animals.

(j) "Milepost" means a physical marker installed by the railroad companies along their rights- of-way used for identifying distances measured in miles.

(k) "Person" means individuals, associations of individuals, firms, partnerships, companies, corporations, their lessees, trustees, or receivers, appointed by any court whatsoever in the singular number as well as the plural.

(l) "Property or rights-of-way" means all property acquired by the railroad company for the construction, operation, and maintenance of railroads and related facilities, whether or not a railroad has been constructed on it.

(m) "Specifications" means the treatment procedures, as determined by the Commission in consultation with the railroad, outlining the methods the railroad company shall use to establish a proper fireguard.

(n) "Suppression costs" means the costs (expressed in dollar and cents) established by the Wyoming Fire Mobilization Guide and interagency cooperative agreements for expenses incurred extinguishing fires in areas adjacent to railroad company rights-of-way, caused by or resulting from railroad company operations, except those rights-of-way lying within town or city limits.

(o) "State Forestry Division" means the State Forestry Division under the jurisdiction of the Office of State Lands and Investments.

(p) "Treatment" means the physical act of discing, blading, sterilizing, burning, or spraying.

Section 3. Application of Rules.

These rules shall apply to every company, corporation, business, or railroad company operating line of track upon a right-of-way or any part thereof within Wyoming.

Section 4. Fireguards. (See W.S. 37-9-301 through W.S. 37-9-303.)

(a) The Commission shall designate the Wyoming State Forestry Division as the agent to act on the Commission's behalf concerning railroad fireguard inspections.

(b) The Commission agent shall be responsible for the following within Section 4, Fireguards, of this rule and regulation:

(i) Arranging for field inspections of railroad rights-of-way,

(ii) Determining specific areas to be treated and establishing the season of the year for the treatment during the following year, and

(iii) Determining the type of treatment required.

(c) The Commission, or its agent, shall issue additional periodic orders or directives to the railroad company(s) as circumstances require. These additional orders or directives may be for additional inspections or treatment(s). A report shall be submitted to the Commission on all findings.

(d) The Commission agent shall receive all inspection team reports and recommendations. The agent shall then recommend to the Commission areas needing fireguard improvement and identify the prescribed treatment methods. The agent shall also report to the Commission any violation of its directives.

(e) The inspection team may consist of at least 3 persons with the following representation:

(i) One representative appointed by the Wyoming State Forestry Division.

(ii) One representative appointed by the railroad company operating in the county to be inspected.

(iii) One or more representatives appointed by the county, including, preferably first, the county fire marshal, or, secondly, the county weed and pest inspector.

(f) When deemed practical and necessary, the inspection team shall be responsible for the following:

(i) Conducting annual inspections of railroad rights-of-way for fireguard inspection and evaluation;

(ii) Conducting additional periodic inspections as required or as deemed necessary by the Commission agent or as requested; and

(iii) Preparing and distributing inspection findings as described in Section 4(j) of these rules.

(g) The inspection team shall carry out its responsibilities under and by the direction of the Commission, the Commission agent, or the Commission's designee.

(h) The following are Commission-approved treatment methods:

(i) Method 1–Plowing or sterilizing a fireguard (14 to 16 feet or wider) on one side within the right-of-way, 50 feet from the center line of the main track (or the outer-most track for multiple tracks) where practical and necessary.

(ii) Method 2–Plowing or sterilizing a fireguard (14 to 16 feet or wider) on both sides within the right-of-way, 50 feet from the center line of the main track (or the outer-most track for multiple tracks) where practical and necessary.

(iii) Method 3–Burning within the right-of-way on one side, 50 feet from the center line of the main track (or the outer-most track for multiple tracks) where practical and necessary. All prescription burning shall comply with district, county, and state regulations.

(iv) Method 4–Burning within the right-of-way on both sides, 50 feet from the center line of the main track (or the outer-most track for multiple tracks) where practical and necessary. All prescription burning shall comply with district, county, and state regulations.

(v) Method 5–Sterilizing within the right-of-way on one side of the outer-most tracks where practical and necessary.

(vi) Method 6–Sterilizing within the right-of-way on both sides of the outer-most tracks where practical and necessary.

(vii) Method 7–Treating the right-of-way with herbicide (solely for fire prevention purposes) on one side, 50 feet from the center line of the main track (or the outer-most track for multiple tracks) where practical and necessary and then discing a fireguard 10 feet or wider on one side of the tracks within the right-of-way where practical and necessary.

(viii) Method 8–Treating the right-of-way with herbicide (solely for fire prevention purposes) on both sides, 50 feet from the center line of the main track (or the outer-most track for multiple tracks) where practical and necessary and then discing a fireguard 10 feet or wider on both sides of the tracks within the right-of-way where practical and necessary.

(ix) Method 9–Using other types of treatment as agreed upon by all the inspection team members.

(x) Method 10–Directing noxious weed problems to the Wyoming Department of Agriculture, 2219 Carey Avenue, Cheyenne, WY 82002-0100 (telephone 307-777-7321) or the local county weed and pest control district.

(i) When deemed practical and necessary, one of the preceding treatment methods shall be selected after considering fire occurrence maps, accessability, land values, fuel types on the land, and other local factors influencing the likelihood of fires.

(j) The inspection teams shall use WYDOT Form 10B or another Department form designated as appropriate for inspection reports. The team shall prepare a minimum 4 copies of the form for each inspection. Each inspection team member shall retain a copy, and the team shall forward one copy to the Commission–by November 1 each year for annual inspections or upon completion of periodic inspections.

(k) State Forestry Division Form WSFD-2 shall be used for submitting damage or suppression costs to the railroad company.

Section 5. Railroad Property Fencing. (See W.S. 37-9-304, W.S. 37-9-305, and W.S.37-9-312.)

(a) Immediate or urgent fencing repairs shall be resolved as directed by state law.

(b) Farmers, ranchers, or other landowners shall notify WYDOT at the following address when fencing along railroad property is found in disrepair, damaged, or missing: Utilities and Railroads Section, 5300 Bishop Boulevard, Cheyenne, WY 82009-3340 (telephone 307- 777-4859).

(i) The specific area (railroad mileposts) fencing is needed,

(ii) The type of repairs needed, and

(iii) The type of fencing used.

(d) After notification, the Department shall inspect the area to be fenced by driving, walking, or riding through it.

(e) The following are Commission-approved methods of repairing or installing fence:

(i) Stretching wires and stapling or tying wires to posts.

(ii) Stretching wires, replacing posts, and stapling or tying wires to posts.

(iii) Removing old fence materials and building new fencing that complies with W.S.37-9-304, et seq.

(iv) Repairing or installing fencing that meets or exceeds Wyoming Department of Transportation fencing standards.

(f) Payment for immediate or urgent fencing repairs shall be as directed by state law.

(g) Once the railroad is notified of the problem location or area and the type of immediate or urgent repair needed, the railroad shall comply with W.S. 37-9-312(a)(ii) and W.S. 37-9-312(b).

(h) The work described in these rules shall be performed without interruption unless an emergency that requires temporarily withdrawing the railroad work force from the project occurs elsewhere on the railroad's system.

(i) Railroad companies shall repair and clean cattle guards as needed on public at-grade railroad crossings.

(j) Any railroad company failing to comply with W.S. 37-9-304(c) and the preceding fencing rules is subject to summons into the county or circuit court where the violation occurred in accordance with W.S. 37-9-302.

Section 6. Claims for Injury to Livestock. (See W.S. 37-9-306 through W.S. 37-9-309.)

(a) Any railroad, its agents, servants, or employees who injure, maim, or kill any livestock within the railroad's rights-of-way shall notify immediately one of the following individuals:

(i) The livestock owner or owners,

(ii) The brand inspector, or

(iii) The WYDOT Utilities and Railroads Section at 5300 Bishop Boulevard, Cheyenne, WY 82009-3340 (telephone 307-777-4859).

(b) Information concerning the county, date and time, milepost, direction of travel, engine number, number of injured or killed livestock, and the classes and breeds (if known) shall be noted and reported to the individual or agency contacted from the preceding list.

(c) The individual or inspector making the incident report in the county of occurrence shall also notify WYDOT immediately by calling the Utilities and Railroads Section at 307-777-4859 with the following information:

(i) The name of the inspector notified;

(ii) The county where the incident occurred;

(iii) The railroad company and engine number (if known);

(iv) The railroad milepost number or other location identifier;

(v) The direction of travel for the train and the approximate time of occurrence;

(vi) The number of livestock injured or killed; and

(vii) The species of livestock (if known).

(d) When notified by the inspector or the railroad, the Department shall immediately attempt to notify the livestock owner by any practical means including telephone and mail. The Department shall provide a claim form and contact information for the appropriate railroad company.

(e) Within 30 days of being notified of the injured or killed livestock, the owner shall file a claim form indicating the value of the livestock in accordance with W.S. 37-9-308. Forms are available from the railroad company or the WYDOT Utilities and Railroads Section at 5300 Bishop Boulevard, Cheyenne, WY 82009-3340 (telephone 307-777-4859). In addition to keeping one copy for his or her personal records, the owner of the injured or killed livestock shall distribute the railroad claim form in the following manner:

(i) The original of the form shall be sent to the railroad company, and

(ii) A copy shall be sent to the Wyoming Department of Transportation Utilities and Railroads Section at 5300 Bishop Boulevard, Cheyenne, WY 82009-3340.

(f) Within 30 days of notification from the owner or owners, the railroad shall comply with W.S. 37-9-307.

(g) Payment shall comply with W.S. 37-9-309.

(h) Notification of payment or settlement shall be sent to the Department. The value of the payment or settlement is not required on the notification sent to the Department.

Section 7. Forms.

(a) Information about forms described in this rule and regulation shall be available through the Wyoming Department of Transportation Utilities and Railroads Section, 5300 Bishop Blvd., Cheyenne, Wyoming, 82009-3340, telephone 307-777-4133.

(b) Please see the following page for an example of the fireguard inspection report form.

WYDOT Form

10B

Sheet 1 of 1

WYDOT FIREGUARD INSPECTION REPORT FORM

Four copies shall be prepared for each annual inspection or upon completion of periodic inspections.

One copy to be retained by each member of the inspection team, and one forwarded to the Commission by September 1 of each year.

Date: _________________

Agent: Wyoming State Forestry Division:

County: ____________________________

Railroad: ____________________________

INSPECTION PARTY

Signatures:

1. ______________________________________________________________________________________________________________________________________________________

Name Title

Railroad Mile Posts: (one area per form) _____________________________

Treatment: Select one or combination of treatments from methods 1–10 of Section 4(h) of Chapter 3, Fireguards, Fencing of Railroad Property, and Claims for Injury to Livestock, of the Railroads and Transportation Tariffs Section of WYDOT's rules and regulations.

Recommended Completion Date: ______________________________________________________

Forwarded:

Commission Agent

For assistance in containment or notification of burning operations please contact:

Name: ______________________ Title: ____________________________

Tel. No.: ______________________ FAX: ____________________________

History

Effective 2002-05-24

278 Utility Accommodations

Chapter 1 General Provisions

Wyo. Code R. 045.0007.1.03261990 General Provisions

UTILITY ACCOMMODATIONS

CHAPTER I

GENERAL PROVISIONS

Section 1. Purpose. The intent of this regulation is to provide guidelines for uniform procedures in the accommodation of utility facilities within the rights-of-way under the jurisdiction of the Wyoming Highway Department.

Section 2. Authority. Chapter II lists the Federal and State laws and rules and regulations that are the basis for this regulation.

Section 3. Joint Use Concept. The Department, as well as the Federal Department of Transportation and the Federal Highway Administration, recognize that it is in the public interest for utility facilities to use the right- of-way of public roads and streets when such use does not interfere with the primary purpose of said right-of-way, which is for a road and its appurtenances, and as long as the occupancy of such a utility facility does not cause expenditure of public funds to the agency administering the public right-of-way. The Department will continue to work with the utility companies, boards, and municipalities regarding accommodation of their facilities within the streets and highways under Department jurisdiction.

Section 4. Applicability. This regulation shall apply to existing utility installations, additions or modifications to existing installations, to relocations or adjustments of facilities due to highway projects, and all new installations contemplated after the filing of this regulation.

Existing facilities, which are not in compliance with the stipulations of this regulation may remain as they are and where they are until they are in conflict with a Department project, create a hindrance to roadway maintenance activities, and/or create a hazard to the safe operation of a road and therefore have to be relocated.

Corrective measures for the relocation or protection of existing utility facilities that present a hazard to the traveling public are outlined in FHPM 6-6-3-1, Utility Relocation/Adjustment, and FHPM 8-2-3, Highway Safety Improvement Program.

History

Effective 1990-03-26

Chapter 2 References

Wyo. Code R. 045.0007.2.03261990 References

CHAPTER II

REFERENCES

Section 1. General. The references listed below are the basis and guidelines for the development of the Departments Basic and Operating policies for accommodation of utility facilities within or crossing the highways under the jurisdiction of the Department.

These laws, guidelines, rules, regulations and industry standards, when referred to herein, shall be considered incorporated by reference, as well as any others enacted subsequent to issuance of this publication and/or revisions and amendments thereto.

Section 2. United States Code (U.S.C).

(a) TITLE 23 - HIGHWAYS

Section 109: Standards

Section 111: Interstate Access

Section 116: Maintenance

Section 123: Relocation of Utility Facilities

Section 315: Rules and Regulations

Section 3. Code of Federal Regulations (CFR).

(a) TITLE 23 CFR: HIGHWAYS

Section 1.23: Right-of-Way & Utilities

(b) Use for highway purposes

Section 1.27: Maintenance

Section 1.32: Issuance of Directives

Section 1.36: Compliance with Federal laws and regulations

(b) TITLE 49 CFR: TRANSPORTATION

Section 1.48 (b) Delegation to Federal Highway Administrator Part 192, HAZARDOUS MATERIALS REGULATION BOARD Transportation of Natural and Other Gas by Pipeline; Minimum Safety Standards

Part 195, HAZARDOUS MATERIALS REGULATION BOARD Transportation of Liquids by Pipeline; Minimum Safety Standards

Section 4. Department of Transportation - Federal Highway Administration.

(a) Federal Aid Highway Program Manual (FHPM) Volume 6, Chapter 6, Section 3, Subsection 2 Accommodation of Utilities

(b) Federal Aid Highway Program Manual (FHPM) Volume 6, Chapter 6, Section 3, Subsection 1 Utility Relocations, Adjustments and Reimbursement

Section 5. Association of State Highway and Transportation Officials.

(a) A guide for Accommodating Utilities within Highway Right-of-Way.

(b) A Policy on the Accommodation of Utilities within Freeway Right-of-Way.

(d) Roadside Design Guide.

Section 6. American National Standard.

National Electric Safety Code

Section 7. Wyoming Statutes.

(a) Wyoming Constitution Article 3: Legislative Department Section 27: Special and Local Laws Prohibited

(b) Title 1: Code of Civil Procedures Chapter 26: Eminent Domain (all)

Section 1-26-813: Right-of-way along public ways granted; Permission necessary for new lines; Granted right for public utilities

Section 1-26-505: Condemnation of property devoted to public use; Agreement is manda- tory to determine the conditions and extent of the use by each party

Section 1-26-516: Inverse Condemnation

Chapter 3: Offenses Against Property

Article 2: Property Destruction and Defacement

Section: 6-3-201; Property Destruction and Defacement

Paragraph (a): A person is guilty of property destruction and defacement if he knowingly defaces, injures or destroys property of another without the owners consent. (Utility companies, sign companies, etc., maintaining facilities located inside or outside of highway right-of-way and thereby causing ruts, erosion, destruction of ditch flow lines, road shoulders, etc., without repairing such damage.)

(d) Title 15: Cities and Towns

Chapter 7: Public Improvements

Article 2: Electric Current

Section 15-7-204 General Powers

Paragraph (a): Any city or town may:

(ii) Construct an electric transmission line or electric power line upon and over all public roads and state highways if it does not interfere with the public in the use of the public roads and state highways.

(e) Title 16: City, County, State and Local Powers

Chapter 6: Public Property

Article 1: Public Works and Contracts

Section 16-6-108: Governing of Federal Funds by Federal Law.

The operation of this act (W.S. 16-6-101 through 16-6-118) upon the letting of any public works contract above mentioned, in connection with which funds are granted or advanced by the United States of America, shall be subject to the effect, if any, of related laws of the United States and valid rules and regula- tions of federal agencies in charge, governing use and payment of the federal funds.

(f) Title 18: Counties

Chapter 12: Improvement and Service Districts

Summary of Content:

(i) May be formed in any unincorporated territory in this State

(ii) May acquire, construct, operate and maintain improvements of local necessity and conve- nience

(iii) A district is a separate entity and a political subdivision of the State

(iv) The criterion for establishing a district shall be the public convenience and necessity

(g) Title 24: Highways

Chapter 2: State Highway Department

Section 24-2-112: Contracts and agreements with United States Government

Chapter 3: Establishment, Vacation or Alteration of County Highways

Section 24-3-126: Abandonment of portions of highway upon reconstruction or relocation of existing highway; etc.

Summary of Content: Preserves the right to continue operation of transmission lines and any interest acquired in the right-of-way under the provisions of W.S. 1-26-813. Applies to state highways.

(h) Title 24: Highways

Chapter 13: Utility Relocation Assistance

Section: 24-13-101 through 24-13-104, and

Chapter XXVIII: Utility Relocation Assistance, State

Highway Department Rules and Regulations.

Summary of Content: The referenced statute permits the Department to make reimbursement payments to utilities for relocation of facilities from within the right-of-way of Federal-Aid highways. The Chapter of the Rules and Regulations restricts the reimbursement to electric power, telephone, and natural gas lines for suppliers with less than 15,000 customer meters, at a rate of 50 percent.

(i) Title 37: Public Utilities

Chapter 3: Rate, Interchange of Services and Safety Regulations

Section 37-3-114: Safety Standards

Summary of Content:

(i) Electrical facilities shall be in conformance with the current edition of the National Electric Safety Code

(ii) PSC to have the power to direct the manner in which all utilities shall cross public highways and other utilities and by which public highways shall cross utilities.

(iii) It shall be the duty of the commission to apportion between the parties, in accordance with justice, the cost and expense of installing and maintaining such crossings.

(iv) Cost against a highway within a city or town will be charged against the city or town. If outside of the city or town, against the county.

(j) Title 37: Public Utilities

Chapter 10: Railroad and Public Highway Crossings

Sections 37-10-101 through 37-10-105

Also referred to as the Highway Crossing Protection Account

(k) Title 37: Public Utilities

Chapter 10: Damage to Underground Public Utility Facilities

Sections 37-12-301 through 37-12-304

Summary of Content: Sets up procedures for locating, showing on plans and notification to utilities prior to starting any excavation.

(1) Title 37: Public Utilities

Article 3: High Voltage Line Safety

Sections 37-3-301 through 37-3-306

Summary of Content: Sets up safety clear zones around conductors of electric current and procedures for notifying utilities regarding safety measures when work encroaches within the clear zones.

(m) Title 41: Water

Chapter 3: Water Rights; Administration and Contro

Article 7: Water Conservancy Districts

Summary of Content:

(i) Has condemnation powers under eminent domain.

(ii) May cross or occupy any public street or highway without impairing the use of the street or highway.

(n) Title 41: Water

Chapter 10: Water and Sewer District Law

Section 41-10-113: Powers of District Board(n) Title 41: Water

Summary of Content:

(i) Has condemnation powers under eminent domain.

(ii) District shall have the right-of-way over existing state highways; District must apply to Highway Department for license.

(o) Title 41: Water

Chapter 7: Irrigation Districts

Section 41-7-101 - all

(p) Title 41: Water

Chapter 8: Watershed Improvement District

Section 41-8-101 - all

Section 8. Wyoming Highway Department (WHD).

(a) Operating Policy

Policy Number 2-2: Secondary Road Plan

Policy Number 7-1: Design Standards and Tolerable Controls

SUBJECT: Rural and urban railroad crossing protection criteria

Policy Number 13-1: Rail/Highway Crossing Protection Program

Policy Number 17-2: Filing Department Rules

SUBJECT: Administrative Procedures Act

Policy Number 18-3: Project Development Procedures

Policy Number 18-8: Work in the Vicinity of Utilities

Policy Number 19-3: Right-of-Way Encroachments

Policy Number 19-8: Placement of Utilities on Bridges

Policy Number 24-3: Authority for Rendering Special Service and other applicable

policies that may be issued from time to time.

(b) Standard Specifications for Road and Bridge Construction

107.04: Restoration of Surfaces Opened by Permit

107.07: Railway-Highway Provision

107.11: Protection and Restoration of Property and Landscape

107.19: Contractors Responsibility for Utility Procedures and Services

109.04: Extra and Force Account Work

206.03: Trench Excavation

620.01: Water Lines

621.01: Sanitary Sewer Lines

625.01: Manholes, Inlets, Catch Basins, Diversion Boxes

706.01: Non-Metallic Pipe

707.01: Metal Pipe

Section 9. Wyoming Public Service Commission (PSC).

Chapter II: General Regulations

Section 236: Paragraph a and b: Interference of Utility Lines with each other Section 237:

Construction and Maintenance of Utility Facilities

Chapter III: Special Regulations - Electric Utilities

Section 316: Standard Practice

Chapter IV: Special Regulations - Gas Utilities

Section 406: Location of Customer Meters

Section 417: Minimum Gas Pipeline Safety Standards (Department of Transportation

Natural Gas Pipeline Safety Act) Chapter XI: Railroad Grade Crossing Regulation Section 1101 through 1113

Chapter XII: Railroad Separations

Section 1201 through 1209

Chapter XIII: Railroad Clearances

Section 1302 Definitions

Section 1304 Overhead Clearances

Section 1305 Side Clearances

Section 1307 Clearances at Public Roads

Section 10. Wyoming Public Works Standard Specifications.

History

Effective 1990-03-26

Chapter 3 Definitions & Terms

Wyo. Code R. 045.0007.3.03261990 Definitions & Terms

CHAPTER III

DEFINITIONS AND TERMS

Section 1. Abbreviations. As used in this regulation, the abbreviations listed below shall have the following meaning:

AAR Association of American Railroads

AASHTO American Association of State Highway and Transportation Officials

CFR Code of Federal Regulations

DOT Department of Transportation (Federal)

FHWA Federal Highway Administration of the Department of Transportation

FHPM Federal Aid Highway Program Manual

MUTCD Manual on Uniform Traffic Control Devices

NEC National Electrical Code of the National Fire Protection Association

NESC National Electrical Safety Code of the American National Standards Institute

PSC Public Service Commission of Wyoming

R/W Highway right-of-way under the jurisdiction of the Wyoming Highway Department.

USC United States Code

WHD Wyoming Highway Department

WPWSS Wyoming Public Works Standard Specifications

W.S. Wyoming Statutes

Section 2. Definitions. As used in this regulation, the definitions listed below shall have the follow- ing meaning:

BACKFILL: The method and/or materials for replacing excavated material in a trench or pit.

BACKSLOPE:That portion of the roadway template from the bottom of the drainage ditch to a point of intercept near the right-of-way line.

BORE/BORING: The excavation of an underground circular cavity for the insertion of a pipe or other type of conduit.

CARRIER PIPE: The pipe carrying a liquid, gas or slurry commodity.

CASING: A protective pipe enclosing a carrier pipe.

CATHODIC PROTECTION: A method of controlling corrosion on buried metal structures through use of electric current and sacrificial anodes.

CLEAR ZONE: An obstruction free vehicle recovery area adjacent to the road traveled lane. The limits of this area are determined in accordance with the applicable AASHTO and FHWA publications.

COATING: Protective wrapping or mastic cover applied to buried pipe for protection against externalcorrosion.

COMMISSION: The Wyoming State Highway Commission

CONDUCTOR: Wire carrying electric current.

CONDUIT: A casing or encasement for an electrical conductor or telephone line.

CONTROL OF ACCESS: The regulation covering ingress and egress to a highway and/or its related right-of-way.

COVER: The depth of bury of a facility below natural ground or roadway template.

CROSSING: The utility crossing of the highway R/W, including a parallel encroachment not to exceed 500 feet on other than Interstate Highways.

DEPARTMENT: The Wyoming Highway Department

DISTRICT: Wyoming Highway Department District Office

EASEMENT: A nonpossessing interest held by one person or company in the land of another whereby the first person is accorded partial use of such land for a specific purpose.

ENCASEMENT: Providing a protective casing.

ENCROACHMENT: Parallel installation within highway right-of-way (Longitudinal) that may include crossings of the roadway template.

ENGINEER: An employee of the Department who has the responsibility for supervision of utility facility installation within the Departments right-of-way.

EXHIBIT: A detailed drawing showing the proposed horizontal and vertical alignment of utility facilities within Department right-of-way, which is attached to and a part of an Occupancy agreement, or Relocation/Adjustment agreement.

HEAVY WALL THICKNESS PIPE: Pipe meeting the industry standard for this specific designation.

FRONTAGE ROAD: A roadway, located parallel to an access controlled highway which provides for ingress and egress to adjacent property and businesses.

FULL ACCESS CONTROL: Federal and state highways where direct access to and from adjoining property has been eliminated and access is only allowed at designated interchanges.

GROUND BED: A component part of a cathodic protection system.

GOVERNMENT FACILITIES: Any facility that serves only governmental functions is considered to be in the public interest and is not classified as a private facility.

HIGHWAY: Any public way used for vehicular traffic, including the associated right-of-way, under the jurisdiction of the Wyoming Highway Commission.

INSLOPE: That portion of the roadway embankment between the edge of the pavement and the bottom of the drainage ditch or its intersection with natural ground.

INSPECTOR: An employee of the Department who has the responsibility for supervision of facility installation within the Departments right-of-way.

JACKING: Pushing a pipe horizontally under a roadway by mechanical means, with or without boring.

JETTING: Pushing a pipe through a roadway embankment using water under pressure to create a cavity ahead of the pipe. (This operation is not allowed on Wyoming highways.)

JOINT USE: The use of pole lines, trenches, duct systems or other facilities by two or more utilities. Also the concept of allowing utility facilities to occupy transportation rights-of-way.

LICENSEE: The applicant for a license to cross or encroach on highway R/W.

LICENSE/LICENSE AGREEMENT: The document used to apply for permission to occupy highway right-of-way which, upon approval by the Department, becomes the permit to do so.

MARKER POLES: A pole placed over or near a buried facility in order to denote the facilitys alignment.

MEDIAN: The divider strip between traveled ways carrying traffic in opposite directions.

OCCUPANCY: The presence of utility lines on, over or under the highway right-of-way.

OPERATING POLICY: The policies established by the Department in order to control and assure uniform procedures are followed.

PAVEMENT CUT: The removal of an area of pavement for the purpose of placing ormaintaining a utility facility.

PERMIT: See License/License Agreement.

PRESSURE: The internal force acting radially against the wall of a carrier pipe expressed in pounds per square inch gage (psig).

PRIVATE UTILITY LINES: Those facilities for transmitting, distributing or producing commodities or services by a private individual or individuals for private consumption or consumption by a group of private individuals and not serving the general public.

PUBLIC UTILITY LINES: Those facilities for the purpose of transmitting, distributing or producing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage, slurry of all types, police or fire signal systems, street lighting systems, any other similar commodity which directly or indirectly serves the public, whether operated by munici- palities, counties, cooperatives, private corporations, as well as the various types of districts and Joint Powers Boards organized under applicable state law.

REST AREA: A roadside area for motorist stopping and resting.

RESTORATION: The repair of an area within the highway right-of-way, including fences and drainage facilities, disturbed by construction and/ or maintenance activity of a utility.

RIGHT-OF-WAY or HIGHWAY RIGHT-OF-WAY and abbreviated as R/W: All of the property acquired by the Department for the construction, operation, andmaintenance of highways and related facilities whether or not a highway has been constructed thereon.

ROADWAY TEMPLATE: The area of the constructed or proposed road embankment from road centerline across the traveled lane(s) and shoulder, then down to a drainage ditch and then up to an intercept with natural ground, in a cut section; or from the shoulder down to an intercept with natural ground, in a fill section.

RURAL AREA: As related to utility accommodation, the term Rural Area refers to any other segment of the State Highway System not defined under Urban Area.

SHOULDER: A portion of the paved roadway adjacent to the traveled lanes.

TRAVELED WAY: That portion of the roadway designated for vehicular traffic, exclusive of the shoulders.

TRENCH: The relatively narrow open excavation for the placement of underground utility facilities.

URBAN AREA: As related to utility accommodation, the term Urban Area is any area where residences or businesses are clustered (not necessarily within a city limits), where frequent approaches, utility lines and drainage facilities are likely to be encountered, and where the potential exists for future widening of the road to a multilane facility.

UTILITY/UTILITIES: This term denotes all private and public entities, associations, boards, districts, or companies conveying heat, power, natural gas, electricity, communications, cable television, water, sanitary and storm sewer, for public use or consumption. Also included are all companies operating pipelines for transmission and collection of natural gas or other gases, oil and petroleum products, and slurry lines of any sort.

UTILITY LICENSE: See License and License Agreements.

VENT: A pipe used to allow venting into the atmosphere any gases or vapors from an under- ground casing.

WET BORING: To bore using water under pressure at the cutting auger to soften the earth and to sluice out the excavated material.

History

Effective 1990-03-26

Chapter 4 Secondary Use of Highway Rights-of-Way

Wyo. Code R. 045.0007.4.03162001 Secondary Use of Highway Rights-of-Way

Wyoming Department of Transportation

Secondary Use of Highway Rights-of-Way

CHAPTER 4

Section 1. General.

(a) By Federal regulations, the rights-of-way of Federal-aid or Direct Federal roads are acquired exclusively for highway purposes which include the construction, reconstruction, maintenance, and safe operation of a highway and related facilities, and include the air rights above the right-of-way.

(b) Federal regulations and Department policy recognize and endorse the joint use of highway rights-of-way with utilities, provided such occupancy is in the public interest and shall not impair the highway or interfere with the free and safe flow of traffic.

(c) The applicant for a license shall allow adequate time for plans or field review of the applicant's project as well as the possibility of redesign in order to be in conformance with Department stipulations.

(d) The applicant shall consider the aesthetic quality of the proposed installation and make maximum use of the terrain to reduce visual clutter. 23 CFR 645.209(h) specifically addresses utility installations in scenic areas, and paragraph (l) addresses utilities in wetland areas.

Section 2. Grant of Right.

(a) When the Department grants a License or executes a License Agreement with a utility company, private entity, or governmental entity for the installation of a facility within or across a highway right-of-way, the Department does not convey an exclusive right or strip of land of specific width to the applicant. The Department merely gives permission to the applicant to occupy highway right-of-way with a facility in the exact location as shown in the proposal (Exhibit) furnished by the applicant, with the provision that the facility be removed by the owner, at the owner's expense, any time the right-of-way is required for highway purposes, unless otherwise provided for by law.

(b) Applicants shall not extend easement widths across the highway right-of-way when preparing exhibits for licenses. These lines add confusion and detract from what is actually being conveyed to the utility or railroad.

Section 3. Construction Criteria.

(a) The Department has developed specific criteria regarding how and where utility facilities may be constructed within the rights-of-way under its jurisdiction.

(b) These specific criteria are covered in detail elsewhere in this regulation and are in addition or complimentary to the general text of this section of the regulation.

(c) The Department reserves the right to operate any tracked or wheeled vehicles typical to highway construction or maintenance at any location in the highway right-of-way at any time without giving prior notice to the licensees.

(d) Licensees are solely responsible for anticipating this use and its accompanying ramifications in their design and construction by protecting their facilities with casing, heavy wall thickness pipe, below-surface concrete slabs, extra depth of bury, or other previously approved or agreed to methods of protection, not only underneath the roadway template but also across or along the entire length of that portion of the facility occupying the R/W.

Section 4. Interstate Highways and Other Fully Access Controlled Roads.

(a) Crossings of the Rights-of-Way.

(i) Crossing of the right-of-way and the area between the NO ACCESS lines shall be allowed for buried and aerial utility lines whether they are owned and operated by a private, public, or governmental entity.

(ii) The specific construction and safety criteria of this regulation shall apply. No above-ground appurtenances that might present a hazard or compromise safety standards shall be allowed between the NO ACCESS lines.

(iii) Customer service lines needed to serve a facility or industrial/residential development on the opposite side of a fully access controlled highway right-of-way shall be accomplished by construction of one crossing of sufficient capacity to serve the area instead of multiple individual service connections in several locations.

(b) Service roads and frontage roads are generally not included within the NO ACCESS lines and may be used for parallel utility facility encroachments as well as placement of facilities connected with a crossing of the adjacent access controlled portion of the right-of-way. Access shall be allowed based on available space and existing facilities.

(d) Parallel Encroachments Within the No Access Lines.

(i) Nothing herein, either expressly or implied, limits, encumbers, or otherwise prevents the Department from imposing, requiring, agreeing to, or otherwise conditioning access controlled encroachments on such consideration as allowed by state law whether "in kind" or other negotiated considerations, as the Department deems in the best interests of the State of Wyoming and the Department.

(ii) Parallel encroachments within the NO ACCESS line of a fully access controlled interstate highway may be allowed if special and unique circumstances exist and if such parallel encroachment does not affect the design, construction, reconstruction, safe operation, and maintenance of the highway.

(iii) Parallel encroachments within the NO ACCESS line of all other fully access controlled highways (non-interstate) may be allowed after Department review.

(iv) Requests for parallel encroachments shall be considered and evaluated by the Department on a case by case basis and shall meet the following minimum criteria:

(A) The facility carries a commodity that is non-flammable, non- corrosive, non-explosive, and non-toxic.

(B) The facility shall not require frequent servicing, maintenance, inspection, or patrolling on foot or by vehicle.

(C) No service connections, testing sites, or metering pits or devices– whether for distribution or transmission–shall be constructed within the highway right-of-way, initially or in the future.

(D) No pump stations, repeaters, transformers, regulators, meters, or facilities of a similar nature shall be located within the no-access lines.

(v) The key tests the Department shall use in determining whether to consider parallel encroachment are the following:

(A) Construction of the facility outside the right-of-way has been refused, in writing, by the adjacent landowner and documented by the utility company or owner in its statement of need.

(B) Construction of the utility facility outside the right-of-way is extremely difficult to implement because of terrain, environmentally or archeologically sensitive areas, heavily developed residential or industrial areas, or similar constraints.

(C) Construction outside the right-of-way is unreasonably costly, and based on the size of the utility company, would cause an economic hardship on the utility and its consumers.

(D) Construction outside the right-of-way will cause significant adverse impact on productive agricultural land.

(E) Utility facility construction within the highway right-of-way lines is the most prudent and feasible location available.

(vi) At the time of application, the applicant shall provide the Department with all pertinent documentation supporting the criteria described previously in this section.

(vii) All utility installations shall conform to the requirements of all applicable sections of Title 23 of the Code of Federal Regulations.

Section 5. Access to a Facility Within a Fully Access Controlled Road.

(a) If the Department approves a request for parallel encroachment within a fully access controlled right-of-way, the following steps shall be taken by the Department or Utility Company as applicable:

(i) The Department may, if deemed necessary, establish a new no-access line between the outer limits of the right-of-way and the traveled lanes of the highway that will encompass the proposed utility facility, creating a utility corridor.

(ii) On establishment of a utility corridor, the Department shall designate specific points of access and egress to the corridor for use by the utility company during construction and maintenance of the facility. Whenever possible, such access points shall begin and terminate at existing interchanges or intersecting roads and be tied to the ramps or crossroads.

(iii) If no interchanges or intersecting roads exist in the vicinity of the proposed utility encroachment and access/egress for construction purposes must be provided from the through traveled lanes, the Department, workload permitting and at the expense of the applicant, shall conduct or supervise the design of temporary access from the traveled lanes to the proposed work site.

(iv) The applicant or its contractor shall construct and ultimately remove any temporary access, provide safety signing and traffic control, and restore the disturbed area within the highway right-of-way in accordance with current Department specifications and under the supervision of Department personnel.

(b) If the utility requires permanent access to the facility for inspection or maintenance and no interchanges or crossroads are located nearby, the utility shall negotiate an access easement with the adjacent landowner. The access point shall be designated by the Department and a locked gate installed for the utility's access to the facility.

(c) In extreme cases, a permanent approach to the facility or utility corridor may be considered if no other access can be established, and design standards and safety requirements can be met.

(d) In no case shall the utility or its contractor access the facility by leaving or entering the traveled lanes of the road by driving off the shoulder of the roadway. Neither the utility company nor its contractor shall use the shoulder or the clear zone for parking equipment or vehicles.

(e) In no case, whether during construction or maintenance activities, shall personnel of the utility or its contractor cross the median of a divided road or make U-turns across the traveled lanes of any roadway to access the utility's facility or construction site.

(f) If access to the facility requires a change in direction of travel for construction equipment, this access shall be accomplished at locations designated by the Department and in compliance with applicable safety requirements.

Section 6. Other Roads on the State or Federal Highway System.

(a) General Requirements. Proposed occupancy of highway rights-of-way for non- highway purposes shall meet the following criteria:

(i) The proposed facility shall directly or indirectly serve the general public. (See Private and Public Utilities and Governmental Facilities under Definitions.)

(ii) Adequate right-of-way is available and the proposed occupancy does not interfere with or restrict in any way the maintenance, operation, upgrading, and reconstruction of the road and its related facilities like: signs, delineators, guardrail, signals, drainage pipes, ditches, slopes, stockpasses, bridges, fences, etc.

(iii) The safety of the public is not impaired in any way during construction, operation, and maintenance of the facility.

(iv) Clear recovery area (clear zone) criteria is not violated.

(v) Major feeder lines of sufficient capacity shall be brought across the R/W to service developing areas instead of individual lines for each customer.

(b) Private Lines; Highway R/W Owned by the Department.

(i) Crossings

Privately owned facilities which are operated for private purposes may be allowed to cross the R/W.

(ii) Parallel encroachments

Generally not permitted unless unusual hardship or extenuating engineering, environmental, or aesthetic considerations make construction outside of the R/W extremely difficult or costly.

(iii) Construction methods and safety provisions shall be in compliance with this regulation and as directed by the Department.

(c) Private Lines; Highway R/W on Easement. When the Department holds an easement for highway or transportation purposes from a private landowner, privately owned lines that are operated for private purposes may cross or encroach upon the highway easement as in Para. (ii) above. (Previous case law and legal opinions uphold the following: "The highway rights-of-way are held in trust for the use of the citizens of the State of Wyoming as that may be determined by law. The fact a portion of its right-of-way is held by an easement for highway purposes as opposed to a fee simple interest does not create a greater or lesser estate in the public in and to the land embraced within the rights-of-way or create any difference in the way the public may utilize the right-of-way for highway purposes. The State is legally able to utilize the land within the boundaries of the highway for all lawful purposes consistent with every reasonable method of travel, transportation, and communication for which public highways are normally used." Extract from Opinion No. 88- 003, dated January 15, 1988, by Joseph B. Meyer, Attorney General and Lawrence A. Bobbitt, III, Senior Assistant Attorney General, based on Wyoming Statute 1-26-813.)

(d) Private & Public Utility Lines; Highway on Federal Land. When the highway easement is on Federal land, the applicant is required to obtain permission from the applicable Federal agency which administers the land, after the Department has approved the proposed utility line construction.

(e) Private & Public Utility Lines; Highway on Railroad Operating R/W. When the Department's roads cross a railroad operating right-of-way, whether at grade or on a separation structure, the railroad reserves the exclusive right to license secondary use by any type of utility facility. The utility shall first secure permission from the railroad to cross or encroach upon the rights held by the Department and then furnish the railroad's approval to the Department for issuance of a license. Failure to first obtain railroad approval shall jeopardize the rights granted to the Department by the railroad.

(f) Public Utilities; Highway R/W on Easement or Department Owned.

(i) General

Crossings and parallel encroachments may be granted to companies, corporations, districts, and joint powers boards organized under the laws of the State, Boards of Public Utilities, facilities belonging to the State or Federal Government, and facilities of the various political subdivisions of the State, who are providing a direct or indirect service to the public.

(ii) See Section 6(a) for General Requirements.

(iii) See Section 6(d) for Federal Lands.

(iv) See Section 6(e) for Railroad Operating R/W.

(v) All other applicable provisions of this regulation, the license form, or the license agreement, and other stipulations of the Department shall be complied with.

Section 7. Inspection.

(a) The Department may at any time, at the discretion of the District, assign full or part time inspectors to any utility's project within the right-of-way to assure full compliance with applicable State and Federal laws, rules, regulations, and Department policy.

(b) Such inspection shall be at the expense of the utility which owns the facility being installed. The District shall execute a WHD Form A-32, Authority for Rendering Special Service, with the utility to cover reimbursement of inspection costs incurred by the Department.

History

Effective 2001-03-16

Chapter 5 Licensing Procedures, Agreements, Denial of Application

Wyo. Code R. 045.0007.5.03261990 Licensing Procedures, Agreements, Denial of Application

CHAPTER V

LICENSING PROCEDURES, AGREEMENTS, DENIAL OF APPLICATION

Section 1. General.

(a) Wyoming Statute 1-26-813 requires that permission be obtained from the Department prior to constructing any utility facilities along, across, or under the streets, roads, and highways under Department jurisdiction.

(b) The Department has developed a license form and a license agreement, as well as requirements for an exhibit showing what the applicant proposes to construct on the highway right-of-way and where this facility is to be located.

(c) The Department has also developed a Joint Occupancy Agreement for those instances where utility facility with prior rights may be located within the highway right-of-way.

(d) An Exhibit (Drawing) of the facilitys location within the highway right-of-way is required.

(e) The licenses and any agreements executed between the Department and a utility which refer to or authorize occupancy of highway R/W become a permanent part of the Department files and will be used on future highway projects to determine whether a reimbursement is due the utility for relocation.

Section 2. Application Procedure.

(a) Applicants who wish to cross or encroach upon highway rights-of-way under Department jurisdiction may contact the respective WHD District Maintenance Engineer in whose area the facility is to be installed and explain what they wish to do. (See District Boundary Map in Appendix).

(b) The proposal should consist of drawings that show where the facility will be placed relative to the roadway template. (See Exhibits in Appendix).

(c) Upon review and incorporation of WHD District stipulations into the design, the appli- cant will fill out the License (WHD Form E-54) and submit four signed and dated copies, with an Ex- hibit attached to each, to the District Maintenance Engineer. (See Appendix for sample form).

(d) After review of the formal application (license with exhibit), the District will either approve the application by signing it or they may opt, depending on the complexity or size of the pro- posed utility project and/or if the proposed work will be done by contractors working under the utilitys supervision, to prepare a License Agreement which will set forth additional criteria to be followed.

(e) A standard attachment to any license will be WHD Form E-54A which sets forth specific criteria to be followed by the utility or its contractor during construction. (See attachments in Appen- dix).

Section 3. License Form (WHD Form E-54)

(a) Form E-54, with Form E-54A and a detailed Exhibit is the most often used permit for licensing utility crossings and/or encroachments. Forms are provided by the District Office.

(b) The applicant shall fill in the top portion of page one with the name of the owner of the facility, a description of the proposed installation, the Section, Township, Range, the Highway/Route number, County, and the highway milepost of the proposed facility or the beginning and ending milepost for an encroachment.

In Section 6 indicate the date of the exhibit.

(c) On page two fill in the name of the company or owner of the facility (not the consulting engineer or individual making application on behalf of the owner), mailing address and telephone num- ber, signature of owner or company official and the date it was signed.

(d) Form E-54 may not be used to permit railroad track crossings or water, sanitary sewer, storm sewer, or other municipal systems when the parallel encroachment is located outside of the corpo- rate limits and is over 500 feet in length. (See License Agreement below).

(e) Drilling, blasting or any type of longitudinal (parallel) seismographic investigation will not be allowed within any highway right-of-way. WHD Form M-23, Seismographic Cable Crossing License shall be issued by the District. (See Operating Policy 19-3).

(f) Upon approval of Form E-54, the WHD District Office will return one copy to the appli- cant with authorization to proceed with construction, retain one copy for the District files, send one copy to the respective WHD Maintenance Foreman, and send one copy to the Utilities Section in Cheyenne for cataloging in the inventory and storing in the Departments permanent files.

Section 4. License Agreements - Utility Lines.

(a) Depending on the complexity, length, and/or if the utilitys project is to be constructed by contractor(s) hired by the utility, the WHD District Office may require that a License Agreement be prepared by the WHD Utilities Section in Cheyenne.

(b) The District Office will transmit all exhibits and information submitted by the applicant, as well as specific stipulations the District wants incorporated, to the Utilities Section for preparation of the Agreement. Copies of the agreement will be sent to the applicant for signatures and upon complete execution by all parties the authorization to proceed with construction will be given by the WHD District.

Section 5. License Agreements - Railroad Crossings.

(a) When a railroad company or an industry approaches the District regarding the construc- tion of a track crossing, whether at-grade or requiring a separation structure, the District shall review the proposed location and method of construction with the applicant and their engineer, provide stipulations to be incorporated into the applicants design, and send all pertinent information to the Utilities Section in Cheyenne for preparation of an Agreement.

(b) Crossing requests for railroad company owned and operated communications and/or signal systems may be handled with a Form E-54, at the discretion of the District.

Section 6. License Agreements - Fiber Optics Cables.

(a) When a communications company, federal agency, or other governmental agency ap- proaches the District regarding the crossing and/or parallel encroachment of fiber optics facilities, the District shall review their proposed construction, stipulate changes in the proposed construction method and/or location, and furnish Form E-54B (Fiber Optics Construction Standard) to the applicant.

(b) After the Districts recommendations have been incorporated into the applicants design and all other provisions of Department regulations have been met, the District will furnish all pertinent information and exhibits to the Utilities Section in Cheyenne for preparation of a License Agreement.

(c) In cases where the applicants proposed project consists of crossings and/or encroach- ments in several locations within a WHD District, one License Agreement may be prepared to cover the entire District instead of each crossing or encroachment separately, at the discretion of the District.

Section 7. License Agreement - Special Situations. Any time the District receives a request for crossing and/or encroachment that meets all criteria for being placed within the highway right-of-way or involves work by others within the R/W and Form E-54 is not specific enough to cover the proposed work, the pertinent background information, proposal, and exhibits may be sent to the Utilities Section for consultation with the WHD Staff and attorney, as well as preparation of a special agreement.

Section 8. Exhibits for Licenses.

(a) General - All Installations.

(i) Each License Form E-54 and/or License Agreement shall have a drawing(s) at- tached which shows the current man-made and natural terrain features and how the proposed facility is to be constructed in order to miss obstacles within the highway R/W.

(ii) Exhibits that show straight line construction with a standard offset distance are only acceptable if a field review by the WHD District confirms that construction along straight lines is practical. (See related Section on location within the R/W).

(iii) If unanticipated or unusual circumstances are encountered during utility construction which force a deviation in excess of two feet from the approved horizontal alignment, the respective District Maintenance Engineer will be contacted prior to making the deviation, for approval of the deviation and an amended exhibit will be filed by the utility.

(iv) As a minimum the exhibit will show the following:

(A) The existing roadway, right-of-way line, right-of-way fence, and cross fences if they are not on the R/W line. Existing approaches, intersecting roads or streets, drainage ditches, irrigation ditches, pipes and culverts that have to be crossed. Existing major utility facilities. The proposed utility alignment with offset distances from either the roadway centerline or right-of-way line.

(B) Land description and accurate ties to the nearest highway milepost. If milepost markers are not available the tie shall be to a highway station.

(D) Proposed locations of all appurtenances like air relief valves, manholes, pedestals, junction boxes, line markers, vent pipes, guys and anchors, etc.

(E) Size and or capacity of the proposed facility (i.e. kv, cablepairs, pipe diam- eter), pipe type and wall thickness for carrier and casing, product to be carried, as applicable.

(b) Aerial Crossings.

(i) In addition to the above, the exhibit will show the low sag design clearance above the high point of the roadway.

(ii) Any existing or proposed underbuilt facilities, including those by others.

(iii) Cross-sectional view of highway R/W showing the location of poles or support structures relative to roadway centerline or R/W lines. (Also see additional text).

(i) Cross-sectional view of highway R/W at the crossing, showing the depth of the facility relative to natural ground, roadway drainage ditch and roadway template.

(ii) Location of bore and receiving pits.

(iii) If casing pipe or conduit is used, show where the casing will end.

(iv) If heavy wall thickness pipe is used instead of casing pipe, show where the heavy wall thickness pipe transitions back to normal thickness pipe. (Also see additional text).

Section 9. Change of Ownership.

If a utility contemplates selling portions or all of their facilities, which include crossing or paral- lel encroachments on Department R/W, the license holder shall notify the Department in writing of this intent and provide the name, address and telephone number of the buyer, as well as a list itemizing all of the crossings and encroachments involved in the transfer by land description and highway milepost.

The Department may choose to have the new owner sign new License Forms (E-54) if only a few locations are involved, or opt to write a Change of Ownership Agreement, to be executed by all parties, if several crossings/encroachments are involved in numerous locations.

Section 10. Abandonment of Facilities.

(a) If a utility contemplates abandoning or otherwise taking out of service a previously licensed facility, the Department shall be notified in writing, with a listing showing the location(s) of the facility by land description and highway milepost, and if possible a copy of the originally issued license(s).

(b) If the Department, based on engineering judgement and future plans for highway work, determines that the facility should be removed from the highway R/W, the owner will be notified and shall remove the facility and restore the highway R/W as directed by the Department.

(c) If a utility sells their facility to a salvage firm for removal, the salvage contractor is required to contact the respective WHD District Maintenance Engineer who will provide applicable stipulations regarding safety of traffic and restoration of the highway R/W. The utility holding the license will remain responsible until the work is done to the satisfaction of the Department.

(d) The WHD District will notify the Utilities Section when the abandonment and/or removal of a facility has been authorized so that the appropriate notation can be made to the main file copy of the original license.

Section 11. Cancellation of a License, Suspension, Removal of a Facility.

(a) By the Utility.

(i) A utility must cancel a previously granted license if no construction has taken place within 12 months by notifying the respective District Maintenance Engineer and/or the Utilities Section in Cheyenne.

(ii) A utility must cancel a previously granted license after a facility has been taken out of service and removed. (Also see Abandonment).

(b) By the Department.

(i) The Department may cancel a license if construction by the utility has not been completed within 12 months after approval has been given by the District, unless prior arrangements for longer period have been made with the District.

(ii) The Department may cancel a license and direct removal of a facility installed in a location other than approved by the District. (Also see Removal and Suspension in this Section).

(iii) The Department may suspend a license if the facility was placed in a location other than approved by the District. (Also see Removal and Suspension in this Section).

Section 12. Cause for Removal or Suspension of a License.

(a) Removal.

(i) The Department may require removal of a facility when the installation deviates more than two feet horizontally an/or was installed at a shallower depth than approved by the District and thereby causes an unnecessary encumbrance on the operation, maintenance and safety of the high- way and the right-of-way.

(ii) If such a removal is necessary in the best engineering judgement of the District, the utility shall be notified by the District of the remedial measures to be taken and the time frame in which the removal will be accomplished. This notification should be sent by Registered Mail.

(iii) Failure by the utility to respond will be prosecuted in accordance with the due process procedures and provisions of the Wyoming Administrative Procedures Act.

(b) Suspension of a License

(i) The Department may suspend a license, for the same violations listed above, when the utility installed facility does not cause an immediate hindrance to operations, maintenance, and safety of the highway and its right-of-way, but is not in compliance with the license.

(ii) The utility will be notified by the District in writing that the facility is not in compliance with the approved license and exhibit and that the utility is required to file an amended exhibit showing the actual location of the facility.

Failure to respond by the utility within the time frame set by the District will cause all other submitted requests for licenses to be held in suspension until the amended exhibits have been received.

(iii) WHD District personnel may suspend a license and stop further construction on a utility project in progress if the utilitys practices are in violation of the Departments safety require- ments and/or create a hazard to the public.

The utility and/or its contractor will be allowed to continue with construction only after the safety violations have been corrected.

Section 13. Additional Facilities on Existing License.

(a) Additional facilities by the same utility may be attached to or located immediately adja- cent to an existing licensed facility, provided the existing facility is in compliance with the provisions of this regulation and the additional facility can be installed likewise.

(b) At the discretion of the District such additional facilities may be authorized for construc- tion upon submittal of an amended exhibit showing the location of the additional line.

(c) In case of an aerial facility that is being upgraded to a larger capacity, or in case of an underbuilt by the utility holding the existing license, the revised exhibit should show the increased capacity and revised low sag vertical clearance above the high point of the paved portion of the road, which shall be no less than eighteen (18) feet and/or otherwise in compliance with the National Electric Safety Code.

Section 14. Additional Facility-Different Owner.

(a) A utility may allow secondary use by other utilities provided the utility proposing to underbuild has been granted a license from the Department and the low sag vertical clearance is not less than eighteen (18) feet above the high point of the paved portion of the road and/or otherwise is in compliance with the National Electric Safety Code.

(b) If a utility is contemplating installing a facility in a joint trench with someone else, licens- ing procedures shall be followed by all users of the common trench.

Section 15. Denial of Request to Construct on Highway Right-of-Way. Wyoming Statute 1-26- 813 states that public utility facilities and fixtures may be set along, across or under any public roads, streets and waters of this state in such a manner as not to inconvenience the public in their use.

(a) Based on the provisions of this statute, and the exercise of good engineering judgement weighed against the public good, the Department may deny occupancy of highway right-of-way by utility facilities under the following conditions:

(i) The facility will interfere with ongoing maintenance operations.

(ii) In backslopes of erosive soils or slopes steeper than 2:1.

(iii) Within the roadway template except for buried facilities that cross at a safe distance below the drainage ditch, and except in urban areas or city street roadway templates where poles may be placed behind the sidewalk, slopes permitting, and buried facilities may be placed under the traveled lanes or sidewalk.

(iv) In road segments where it is known that road construction will take place in the near future.

(v) Any other area within the highway right-of-way where, from an engineering, main- tenance, or traffic safety point of view, the operations of the Department will be hindered.

(vi) Within the limits of the clear recovery area as determined by use of the AASHTO Guide for Selecting, Locating, and Designing Traffic Barriers and the Roadside Design Guide, or similar criteria normally used in highway design.

Section 16. Joint Occupancy Agreements.

(a) If, during the construction or reconstruction of a road, the facilities of a utility are incor- porated within the new highway right-of-way and the utility facilities do not have to be relocated due to conflict with the road construction, the Utilities Section will prepare a Joint Occupancy Agreement which recognizes that the utility had a prior right in the location shown on the exhibit and that future relocation and/or adjustments of the utility, necessitated by future road construction, will be at the expense of the Department.

(b) The same provisions as in (a) above apply to a utility facility that is being incorporated into new highway R/W and must be relocated due to conflicts. The utility may be relocated within the new highway R/W rather than on a new private easement outside of the highway R/W, provided the new location does not interfere with the roads construction and future operations.

(c) The Department will reimburse relocation costs for a facility of the same type and capac- ity as described in the original Joint Occupancy Agreement.

(d) Issuance of a license (Form E-54) for a facility covered under such an agreement is not required.

Section 17. Relocation/Adjustment Agreement.

(a) If a utility facility is being relocated from a private right-of-way due to a road construction project, the utility may place the relocated facility within the existing or new right-of-way of the subject road providing the stipulations of this regulation can be met.

(b) The relocation/adjustment agreement contains language which stipulates that future reloca- tion of the facility due to highway projects will be reimbursed by the Department for a facility of the same type and capacity as was originally relocated under the agreement.

Section 18. Approaches and Driveways. Access to utility facilities located adjacent to but utside of the highway R/W may be granted by the District Engineer provided the proposed location meets all Department safety criteria and other provisions and policies.

Application should be made to the District by separate procedure.

Section 19. Groundwater Monitor Wells. Requests for the construction of these wells on high- way right-of-way may come from Federal or State agencies as well as from private individuals who have requirement to monitor groundwater for pollution.

License Form E-54 may be issued for these facilities as long as the well location(s) is not inter- fering with maintenance activities or anticipated construction/reconstruction of the road, and as long as the location of the facility and the periodic extraction of samples or inspection does not create a hazard to pedestrians or vehicle traffic during and after the placement of the well.

Upon completion of the testing/monitoring activity, the well shall be capped and the site restored by the Licensee as specified by the Departments engineer.

Private use of these wells for irrigation or other purposes after completion of the testing period shall not be permitted.

History

Effective 1990-03-26

Chapter 6 Utility Construction Within Highway Right-of-Way

Wyo. Code R. 045.0007.6.03261990 Utility Construction Within Highway Right-of-Way

CHAPTER VI

UTILITY CONSTRUCTION

WITHIN HIGHWAY RIGHTS-OF-WAY

Section 1. General.

(a) There are certain areas within the highway right-of-way that should be kept clear of utility facilities due to the hazard created to vehicular, bicycle and pedestrian traffic and/or the restraints the utility facility imposes on the Departments routine maintenance work as well as roadway safety and widening projects.

(b) Utilities contemplating crossing or encroaching on highway R/W should incorporate the provisions of this regulation into their design in order to avoid redesign and delay in the approval of their license application.

(c) Applicants for a license to place facilities on or across the highway R/W are advised to establish the actual limits of the highway R/W instead of assuming that a fence represents the property line.

(d) If the facility being placed on the R/W causes any sort of damage to the right-of-way, paved areas, or highway appurtenances, during or after construction, the repair of such damage shall be paid for by the owner of the facility.

Section 2. Clear Roadway Recovery Area.

(a) General.

(i) Also referred to as the Clear Zone. This area, adjacent to the traveled lanes and including the paved shoulder or emergency parking lane, provides for an obstruction free recovery area for driver to regain steering control should the vehicle leave the traveled lane.

(ii) Highway appurtenances installed within this clear zone, except for barrier rail, are of the yielding or breakaway design.

(iii) Obstructions located within the clear zone that can not be relocated must be pro- tected with barrier rail if the rail provides the least hazard, and steep embankment slopes should be flattened.

(iv) The actual clear zone width for a given segment of road is a function of the roads speed, horizontal curvature, and embankment slopes. It is not a standard fixed distance from the edge of the traveled lane as the often used term 30 ft. clear zone would imply. However, the Depart- ment generally uses the area between the edge of the traveled lane and 40 feet parallel thereto for the installation of guardrail, delineators and traffic signs.

(v) In any case, and on all types of roads, utility facilities should be located as close as possible to the outer limits of the highway right-of-way. Facilities that have to be located within the limits of the clear recovery area will be of a breakaway design.

(vi) Actual clear zone required at a specific location and road shall be in accor- dance with the AASHTO Roadside Design Guide.

(b) High Speed Roads - Rural Areas. The Department generally uses the minimum distance of 30 feet from the edge of the traveled way as the transitioning point from a slope of no steeper than 6 to 1 to the steeper slopes required to reach natural ground and/or the drainage ditch.

Guardrail end anchorages, delineators, regulatory signs, and light standards are normally installed within the first 30 feet parallel to the traveled lane with large signs as far as 40 feet away.

The paved roadway, shoulder and the area up to 40 feet measured from the trav- eled lane shall be kept clear of above ground utility facilities due to the hazard they present, and clear of parallel buried facilities due to the restrictions they place on the Department for maintenance of slopes and shoulders, as well as construction, maintenance and repair of guardrail, delineators, signs, etc., unless the appropriate provisions of the AASHTO Highway Design publications require a more restric- tive obstruction free area.

(c) Low Speed Rural Collectors and Rural Local Roads. On this type of road the minimum obstruction free area is 10 feet from the edge of traveled lane and/or 10 feet behind existing or proposed sidewalk and/or bicycle path.

(d) Urban Arterials, Collectors and Locals Streets.

(i) With Curb only - On this type of road the minimum obstruction free area should be 1.50 feet behind the curb.

(ii) With Curb and Sidewalk - The obstruction free area shall extend to behind the existing or pro- posed sidewalk.

Section 3. Roadway Slopes.

(a) The roadway embankment slope (from the clear recovery area break point down to the bottom of the ditch or intercept with natural ground) should be kept clear of parallel encroaching utility lines and supporting facilities of crossing utility lines like guys and anchors, vent pipes, manholes, markers, etc.

(b) The backslope (from the ditch section up to a point of intersection with natural ground) should be kept clear of paralleling utility facilities and supporting structures of crossing utility lines, like guys and anchors, vent pipes, manholes, markers, etc. if the slope is 2:1 or steeper.

Section 4. Ditches, Culverts, Drainage Pipes, Stockpasses.

(a) Utility facilities shall not be placed in or attached to any type of drainage pipe, concrete box or stockpass.

(b) Temporary (short term) use of pipes, boxes, or stockpasses for any noncorrosive or non- combustible utility line may be authorized by the Departments engineer on a case by case basis.

(d) For buried crossings of drainage ditches, the utility trench will be backfilled and com- pacted in lifts, and the flowline restored, as directed by the Departments engineer.

Section 5. Attachment to Existing Bridges or Structures.

(a) General.

(i) Attachment of utility facilities to the bridge deck surface, to the top of curbs and sidewalks, or to traffic or pedestrian railings will not be allowed. Open wire electrical or telephone line attachments are not allowed.

(ii) Welding of utility attachments to main steel girders or direct attachment to main load carrying girders will not be allowed.

(iii) Requests for attachment of utility lines to bridges shall be forwarded by the District Maintenance Engineer to the State Bridge Engineer for review and recommendation regarding the method of attachment.

(iv) Prior to requesting attachment to bridges over railroad tracks from the Depart- ment, the applicant shall furnish written approval of a permit from the railroad company.

(b) Volatile and Corrosive Material. The attachment to a bridge or other structure of utility lines carrying flammable, corrosive, and/or explosive material may be permitted if the following criteria are met:

(i) Maximum line size shall be four inches of inside diameter.

(ii) The maximum line pressure shall be 60 psig, which shall be verified in the pres- ence of Department personnel.

(iii) Each line shall be properly encased and vented.

(iv) Each line shall have a shutoff valve, that activates automatically when a sudden pressure drop occurs, located within 300 feet of each end of the structure.

Section 6. Attachment to Proposed Bridges or Structures.

(a) General.

The provisions of Paragraph (i) & (ii), Section 5 (a) apply.

(b) New Construction, Utility has Prior Right.

When the construction of a new bridge or structure forces the relocation of a utility facility and this relocation is reimbursable, the facility may be attached to the new structure provided the provisions of Chapter IV and Chapter VI, Section 5 can be met.

The Bridge Department will contact the utility during preliminary engineering and enter into an Authority for Rendering Special Services (ARS) with the utility. The cost of design, materials, and installation will be billed to the utility as those phases are completed.

Reimbursements due the utility for the bridge attachment shall be prorated by the utility based on the cost of the attachment versus the cost of not attaching to the bridge, and shown in the final billing to the Department for all of the reimbursable work on the project.

When the construction of a new bridge or structure conflicts with an existing utility line that is located on public R/W or otherwise has no reimbursable right; or

If a utility company wishes to attach facilities to a bridge or structure for other reasons, provided the criteria of Section 5 can be met, the Bridge Department will design the appropriate hanger system for the facility and include the installation in the Departments construction contract.

The cost of design, materials, and installation will be billed to the utility company. The request for work and costs shall be covered by an Authority for Rendering Special Services (ARS).

Section 7. Crossing Underneath Existing Bridges.

(a) Adjacent to Crossroad.

Buried utility facilities may be allowed to cross adjacent to a crossroad provided there is adequate horizontal clearance between the edge of the existing pavement and the closest bridge piers or slope paving.

Additional depth of bury may be required to allow for the reconstruction of the crossroad and installation of concrete barrier.

If the area underneath a bridge is congested, the utility facility should be bored under- neath the adjacent embankment behind the bridge abutments. (See Detail Drawing).

Section 8. Appurtenances and Support Facilities.

(a) Above ground support facilities like repeater huts, gas pressure regulator buildings, ground mounted electrical transformers, junction or splice boxes, cathodic protection ground beds and their rectifiers, above ground pipeline shutoff valves and cleanout traps, pressure relief valves, etc., shall not be constructed within the highway right-of-way unless extenuating circumstances exist and the proposed location has expressly been approved by the Departments engineer and the location meets all provisions of this regulation.

(b) Top of manholes, vaults, or other below ground facilities shall be flush with the existing ground and their locations and design must be specifically approved by the Departments engineer.

(c) Access driveways to facilities located outside of but adjacent to the highway R/W may be granted by separate application to the District Traffic Engineer.

(d) Guy wires and anchors for aerial facilities located outside of the highway R/W shall not be permitted on the highway R/W unless extenuating circumstances exist and the location of the guys and anchors meets other criteria of this regulation.

(e) Temporary pole structures for use during stringing of aerial lines shall be placed no closer to the roads traveled way than allowed by the clear zone provisions.

(f) In any case, permitted appurtenances and support facilities shall be located as close as possible (preferably within 15 feet) of the R/W line.

Section 9. Overhanging Aerial Lines.

(a) Utility facilities located outside of the highway R/W that have crossarms and conductor wires or cables which overhang onto the highway R/W shall be covered by a license (Form E-54).

(b) The vertical clearance above ground shall be of sufficient height to allow for the safe operation of maintenance equipment on the highway R/W, and allow for the safe construction and operation of driveways and approaches in those areas where they exist or a need for them can be antici- pated in the foreseeable future.

Section 10. Buried Facility Crossings.

(a) Urban Areas - Depending on the type of facility crossing being proposed and the physical constraints at the site, the Departments engineer may authorize open trenching or require bored crossing of the roadway template and paved surface.

When an open trench is authorized the backfilling and compaction of the trench as well as the replacement of the paved surfaces will be as specified by the Department.

(b) Rural Areas - Utility facility crossings in rural areas, whether across the main roadway or connecting paved sideroads and approaches, shall be bored.

The acceptable methods are boring/drilling, pushing or jacking, and tunneling. The use of a high pressure stream of liquid (jetting) to create a cavity for subsequent placement of a utility line is not permitted.

(c) The diameter of any bore shall not exceed the outside diameter of the pipe being placed by more than five (5) percent.

(d) The applicants engineer is advised to make arrangements with the Departments engineer regarding a site investigation to determine if boring is feasible in the proposed locations.

Section 11. Casing of Utility Lines.

(a) The Department does not require casing of pipelines crossing the highway R/W as long as heavy wall thickness carrier pipe is used and the pipeline is cathodically protected. (Also see Section on Pipelines).

(b) For crossings of small diameter power, communications, or similar lines that can not be pushed or bored underneath the roadway embankment, a metallic or nonmetallic casing pipe of a wall thickness that can withstand highway loading may be used.

(c) Casing pipe or heavy wall thickness pipe shall extend at a minimum to the face of the bore/receiving pit to allow for future dirt widening of the road embankment and shall be of a wall thick- ness meeting the criteria for highway loading.

(d) For casing of water, sanitary sewer, and storm water pipelines see the stipulations in Chapters VI and VII of this regulation.

Section 12. Bore and Receiving Pits.

(a) The face of these pits shall be no closer than 15 feet to the bottom of the roadway em- bankment or ditch flow line and/or no closer than 30 feet to the edge of the traveled way in order to provide for a continuous clear zone and to leave the embankment undisturbed.

(b) On divided roadways where the median is less than 120 feet, no pits will be allowed in the median section of the road.

Section 13. Material Storage, Equipment Parking, Access to Work Site.

(a) All pipe, conduit, wire, poles, crossarms, or other construction material distributed along the highway right-of-way prior to installation of the facility shall be placed as far away from the traveled lanes as possible and shall not be stored within the highway R/W for longer than two weeks prior to construction unless specifically approved by the Departments engineer.

(b) Equipment used for the construction of the facility, vehicles used during the construction and/or delivering materials and vehicles of the workers and/or inspectors at the work site shall not in any way obstruct the traveled lanes of the road unless a traffic control and traffic safety plan has been ap- proved by the Departments engineer and is in use.

(c) Existing approaches and driveways shall be used as much as possible to access the work site in order to minimize the hazard to the road user and minimize the damage to the roadway, shoulders, embankment slopes, drainage structures, ditches and other existing utility facilities.

Section 14. Wetlands.

(a) Several Federal Regulations address the disturbing of wetlands and the mitigation of impacts caused by construction. It is possible that proposed utility construction within existing highway R/W could impact on existing or proposed wetland areas within the highway R/W.

(b) Construction through such wetland areas shall be avoided by the utility companies by planning alternate routing of their facilities.

(c) Relocation and/or adjustment of utility facilities in connection with proposed Highway Department construction of replacement wetland areas will be handled separately and in conjunction with the construction project and as outlined in FHPM 7-7-7 Mitigation of Environmental Impacts to Privately Owned Wetlands or other rules/regulations addressing this topic.

Section 15. Seismographic Activities.

(a) Drilling, blasting, or any type of longitudinal seismographic investigation will not be allowed within the highway rights-of-way under Department jurisdiction.

(b) The laying of temporary cable across interstate, primary, and secondary roads may be permitted upon receipt of a formal request by the respective District Maintenance Engineer.

(c) The District may issue Form M-23 Seismograph Cable Crossing License which out- lines specific stipulations to be followed. (Also see Operating Policy 19-3).

Section 16. Utility Line Construction by Private Individuals or Developers.

(a) Construction by private individuals and their contractors shall in all respects meet the construction and safety requirements applicable to public utility companies.

(b) Service connections from public and/or municipal systems to a customer shall be con- structed by the provider of the commodity or their contractor, and the license shall be issued to the provider of the service, not the customer.

(c) Developers who are constructing utility lines that will ultimately become part of a mu- nicipal system shall have the municipalitys approval for the design and the license shall be issued to the municipality, not the developer.

(d) Even though some utility services have been deregulated to the point where a customer could start his privately owned service connection at the suppliers main trunk line, such privately owned encroachments and/or crossings are not permitted. The license shall be issued to the supplier and con- struction across the highway R/W shall be by the supplier of the service or their contractor.

Section 17. Service Connections to Adjacent Developments. If at all possible, individual service line crossings to an industrial or residential development should be avoided.

The utility or municipality shall construct a limited number of major feeder lines across the highway right-of-way and begin distribution and service lines outside of the highway R/W within desig- nated utility corridors, on private property or adjacent city streets.

Section 18. Traffic Control and Detours.

(a) General. If a utilitys construction in any way obstructs or interrupts the flow of traffic on the road or restricts the use of the roadway the utility shall furnish the District with a Traffic Control Plan.

The provisions of the Manual on Uniform Traffic Control Devices and/or the Departments manual on Traffic Control for Roadway Work Operations shall apply.

(b) Detours Within Municipalities for Crossings and Parallel Construction. If the use of the roadway becomes too restricted or hazardous during utility construction, the utility shall coordinate detour routes with the municipality.

(c) Detours Outside of Municipalities for Crossings Only. If the use of the roadway becomes too restricted or hazardous during utility construction of a crossing it may become necessary to provide a traffic detour within the highway R/W.

The design, construction, traffic control, and removal of a detour shall conform to current Department design and construction practices and shall be as directed by a Department engineer.

Section 19. Restoration of Highway Right-of-Way. Any time a utility or municipality enters upon highway R/W to construct, repair or replace all or any portion of a facility, those portions of the highway R/W that have been disturbed or damaged in any way shall be restored as directed by the Departments engineer.

If frequent maintenance and/or inspection trips by a utilitys vehicles cause destruction of vegeta- tion, rutting in the roadway slopes and drainage ditches, or a breakdown of roadway shoulders and pavement taper sections, the Department will direct the utility to make the necessary repairs in compli- ance with Department specifications.

Section 20. Access to Utility Facilities for Construction and Maintenance.

(a) Interstate Highways or Other Fully Access Controlled Roads. Access for construction and maintenance of facilities shall be in compliance with Chapter IV, Section 5.

(b) All Other Roads. Access for construction and maintenance shall be from existing ap- proaches and driveways or as designated by the Departments engineer. (Also see Section 13 of this regulation).

(c) Utility facilities, advertising signs, and other private facilities located outside of the highway right-of-way in rural areas shall not be maintained, inspected, repaired, or serviced from within the highway R/W.

Damage to the highway R/W due to such activity shall be repaired at the expense of the utility and such trespass may be prosecuted.

Section 21. Railroad Crossings. Requests for the crossing of highway rights-of-way with a railroad mainline or spur tracks, whether requested by a railroad company or an industrial user, and whether for an at-grade crossing or separation structure, shall not be granted by issuance of WHD Li- cense Form E-54. All pertinent information shall be submitted to the Utilities Section for preparation of specific agreement.

Upon execution of the agreement between the Highway Commission and the applicant request- ing such a rail crossing, the applicant shall file a copy of the agreement with the Public Service Commis- sion of Wyoming in compliance with their most current rules.

Section 22. Construction Standards.

Utility facilities located on highway right-of-way shall be constructed and maintained in compli- ance with applicable Federal and State laws, rules, regulations, as well as industry standards and codes, and in accordance with accepted good engineering practices.

Section 23. Existing Utility Facilities. Any utility contemplating construction of a facility within highway R/W shall make every effort to field locate all existing utility lines and facilities in the area of their proposed construction and to safeguard such facilities from damage during construction. (See Wyoming Statutes 37-12-301 thru 304).

Existing utility facilities are to be considered as having a prior right over the facility being pro- posed and their relocation or adjustment shall not be made at the expense of the Department or utility presently occupying the highway right-of-way.

Section 24. Closing of Roads to Traffic. No roads under the jurisdiction of the Department may be closed to traffic for utility construction unless specifically authorized by the Departments engineer.

Section 25. Construction Supervision by Utility. The utility shall at all times have an individual at the work site that is aware of the Departments stipulations and approved alignment and has the author- ity to enforce compliance by the utilitys construction forces and/or contractor.

Section 26. Call Before You Dig. Reference Wyoming Statutes 37-12-301 thru 304. These laws set the requirements to be followed by any person contemplating excavation and what is required to protect underground facilities. The law defines the key phrases thusly:

(a) Excavation means any operation in which earth, rock or other material on or below the ground is moved or otherwise displaced by means of power tools, power equipment or explosives, and includes grading, trenching, digging, ditching, drilling, augering, tunneling, scraping and cable or pipe blowing and driving, except tilling of soil and gardening or agricultural purposes.

(b) Person means an individual, partnership, municipality, state, county, political subdivi- sion, utility, joint venture or corporation, and includes the employer of an individual.

(c) Underground facility means any item of personal property buried or placed below ground for use in connection with the storage or conveyance of water, sewage, electronic, telephonic or tele- graphic communications, electric energy, oil, gas or other substances and including, but not limited to, pipes, sewers, conduits, cables, valves, lines, wires, manholes, attachments and those parts of poles below ground.

Section 27. Public Telephone Installations.

(a) If a local telephone company wishes to install public telephones, walk-up or drive-up types, within the highway right-of-way, rest areas, or other Department land, such installations must be specifi- cally approved by the Departments engineer and a License, Form E-54, shall be issued for each loca- tion.

(b) General Guidelines for approval are:

(i) The flow of vehicular or pedestrian traffic is not restricted in any way.

(ii) The vehicle movement leaving and reentering the flow of traffic can be performed safely and with the least amount of disruption to the flow of traffic and pedestrians.

(iii) The facility and any turnout does not hinder the operations of the road nor signifi- cantly interfere with the maintenance of the road and the right-of-way.

Section 28. Adherence to Standards, Workmanship.

(a) All work performed by utilities on the highway right-of-way, whether with their own forces or by a contractor working under the utilitys direct supervision, shall be in compliance with the most current Federal and State laws, rules, and regulations, as well as industry standards and the provi- sions of this regulation.

(b) All work performed by utilities on the highway right-of-way shall be performed by qualified personnel of the utilitys own forces or by qualified contractors who are under the direct super- vision of qualified personnel of the utility or the utilitys engineer.

Section 29. High Voltage Line Safety. The licensee is advised to comply with the provisions of W.S. 37-3-301 through W.S. 37-3-306, titled Wyoming High Voltage Power Lines and Safety Restrictions Act.

History

Effective 1990-03-26

Chapter 7 Overhead Power & Communications Facilities

Wyo. Code R. 045.0007.7.03261990 Overhead Power & Communications Facilities

CHAPTER VII

OVERHEAD POWER AND

COMMUNICATIONS FACILITIES

Section 1. Design and Construction Provisions. The provisions of Chapter I as to occupancy of and construction within highway rights-of-way shall apply.

The term communications facilities of this section includes, but is not limited to, telephone/ telegraph lines, fiber optics lines, cable tv lines, fire alarm/signal lines, telemetry circuits, and any other lines for the purpose of sending - receiving signals and communications, as well as related support equipment.

The term power facilities of this section includes, but is not limited to, transmission and distribution lines for electric current and associated equipment and facilities.

Section 2. Specific Provisions.

(a) Only single pole construction will be allowed for parallel encroachments and for crossings when the poles are located on highway R/W.

(b) Crossing of the highway R/W shall be as close to perpendicular to the roadway centerline as practical.

(c) Construction requirements of the National Electrical Safety Code and/or the National Electrical Code shall apply with a minimum vertical clearance of eighteen (18) feet above the high point of the roadway template, side roads or approaches, roadway turnouts, and roads within scenic overlooks, rest areas, and visitor/information centers, computed at maximum conductor or cable sag.

(d) No poles shall be located in the median portion of divided highways. If extenuating circumstances exist, poles may be allowed in medians of 120 feet or wider.

(e) No poles or guy wires shall be located within the roadways clear recovery area and inslopes or backslopes of 2:1 and steeper. Poles located within the clear recovery area due to extenuat- ing circumstances shall be of an approved breakaway design.

(f) Guy wires located in highway R/W shall be equipped with guy guards.

(g) Unless extenuating circumstances exist, no poles shall be placed within or through an interchange area.

(h) Crossarms with electrical conductor or communications cable on pole lines built adjacent to but outside of the highway R/W shall not encroach into the highway R/W for more than eight (8) feet.

(i) Poles shall be located as close as possible to the highway R/W line.

(j) Joint use of poles is encouraged as long as the underbuilt facilitys vertical clearance is a minimum of eighteen (18) feet above the high point of the roadway template at low sag, and is otherwise in compliance with all other provisions of the NESC and/or NSC.

(k) No open wire electrical lines will be attached to highway bridges or other highway structures.

History

Effective 1990-03-26

Chapter 8 Underground Power & Communications Facilities

Wyo. Code R. 045.0007.8.03261990 Underground Power & Communications Facilities

CHAPTER VIII

UNDERGROUND POWER AND

COMMUNICATIONS FACILITIES

Section 1. Design & Construction Provisions. The provisions of Chapter I as to occupancy of and construction within highway rights-of-way shall apply.

The term power facilities of this section includes, but is not limited to, transmission and distribution lines for electric current and associated equipment and facilities.

Section 2. Specific Provisions.

(a) Parallel encroachments shall be as close to the highway R/W line as possible.

(b) Crossings shall be as close to perpendicular to the roadway centerline as practical.

(c) Casing pipe for pushed or bored crossings shall be of sufficient strength to withstand highway loadings and of sufficient size to allow for future installations.

(d) Parallel encroachments of direct buried cable underneath the traveled lanes is not allowed.

When permitted elsewhere in the highway R/W, direct buried cable shall be a minimum of 36 inches below natural ground and a minimum of 36 inches below ditch flowline for crossings.

(e) Parallel encroachment of a multiple space duct transmission system and the associated manholes, splice pits, and/or vaults are not encouraged but may be approved for construction under the roadway and/or sidewalk section of urban roads provided the appurtenances are designed to withstand highway loading and allowances are made for future roadway gradeline changes. Distribution systems shall not be placed under the pavement section.

(f) The construction provisions of the National Electrical Safety Code and/or National Electrical Code shall apply with a minimum depth of cover of 36 inches below top of pavement for parallel construction, and a minimum of 36 inches below roadway ditch flow line for crossings.

(g) Joint occupancy of duct systems and trenches is encouraged provided the construction provisions of the NESC and/or NEC can be followed.

(h) The face of the bore pits or receiving pits shall be no closer than fifteen (15) feet to the roadway embankment slope or roadway ditch and in no case closer than 30 feet to the edge of the traveled way and the casing pipe shall at a minimum extend to the face of the pit.

(i) The diameter of the bore shall not exceed the outside diameter of the pipe being placed by more than five (5) percent.

(j) Trenching or plowing from the bore/receiving pit to the R/W line may be authorized at the discretion of the Departments engineer.

(k) Restoration of the R/W, compaction of trenches, repair of pavement, repair of fences, etc.

shall be as directed by the Departments engineer.

(l) Marker posts shall be placed as close to the R/W line as possible. For parallel encroachments they shall be at 1,000 feet intervals or line of sight and at crossings on both sides of the R/W.

(m) Parallel installation within the median strip of divided highways is not permitted.

(n) Deviation from the approved horizontal alignment in excess of two (2) feet shall have prior approval from the Departments engineer and amended exhibits will be provided.

Section 3. Specific Provisions - Fiber Optics Facilities. These provisions are contained in WHD Form E-54-B Attachment to License for Fiber Optics Communications Facilities; copy included in this regulation.

Section 4. Conduit for Street Lighting and Traffic Signals. These conduits, when placed underneath or adjacent to the sidewalk, shall be a minimum of eighteen (18) inches below sidewalk or ground.

History

Effective 1990-03-26

Chapter 9 Gas Pipelines Transmission & Distribution

Wyo. Code R. 045.0007.9.10252005 Gas Pipelines Transmission & Distribution

Wyoming Department of Transportation

Gas Pipelines Transmission and Distribution

CHAPTER 9

Section 1. Authority and Purpose.

These rules of practice and procedure are promulgated by authority of W.S. 1-26-813 and W.S. 24-2-105 to administer gas pipeline facilities within state highway system right-of-way.

Section 2. Design and Construction Provisions.

The provisions of Chapter 1 through Chapter 6 of the Utility Accommodations Section of the Wyoming Department of Transportation rules and regulations concerning occupancy of and construction within highway rights-of-way shall apply.

Section 3. Definitions.

For the purpose of this rule and regulation the following definitions are used:

(a) "Clear roadway recovery area" means the area adjacent to and 30 feet beyond the traveled lanes as delineated by the edge-line paint stripe and including the paved shoulder or emergency parking lane. This area provides an obstruction-free recovery area for a driver whose vehicle leaves the traveled lane to regain steering control.

(b) "Commission" means the Transportation Commission of Wyoming.

(d) "Director" means the director of the Wyoming Department of Transportation.

(e) "Distribution line" (including service lines and distribution mains) means those lines conveying gas to customers from a common source.

(f) "Gas" means natural gas, flammable gas, gas that is toxic or corrosive, and carbon dioxide.

(g) "Gathering lines" means pipelines that transport gas from a production facility (wellhead) to a storage facility or transmission line.

(h) "Transmission lines and facilities" means pipelines and facilities for the transportation of gas between states (interstate) as well as those that transport gas from gathering lines and storage facilities to distribution centers and storage facilities or directly to large volume customers (intrastate).

(i) "Traveled way" means that portion of the roadway designated for vehicular traffic, exclusive of the shoulders.

Section 4. Specific Provisions.

(a) The following shall apply to all facility types:

(i) Design and construction of all carrier pipe and casing pipe shall comply with the most current provisions of federal and state laws, rules and regulations, industry standards, and the provisions of this regulation.

(ii) Casing of crossing pipelines is not required if the carrier pipe is of heavy wall thickness and the line is cathodically protected. The heavy wall thickness portion of the line, or casing if used, shall extend to the highway right-of-way line to allow for future widening of the roadway.

(iii) Bore and receiving pits shall be located as close to the highway right-of-way line as possible.

(iv) Bore and receiving pits shall not be located in the median strips of divided highways where the median is less than 120 feet wide, unless specifically approved by the department's engineer because of extenuating circumstances.

(v) Abandoned or incomplete bores shall be backfilled and plugged as directed by the department's engineer.

(vi) Pipeline crossings shall be as near to perpendicular to the roadway centerline as practical.

(vii) Vent pipes shall be located as close as possible to the right-of-way line. If vent pipes lie within the clear roadway recovery area, they shall be of a breakaway design.

(viii) Line markers that fall within the clear roadway recovery area shall be of a breakaway design.

(ix) If support facilities are located immediately adjacent to the highway right-of-way and require periodic access, an approach and gate shall be applied for at the department's district office by separate procedure.

(b) The following shall apply to transmission lines:

(i) Parallel encroachments of transmission lines shall not be allowed within the No Access line of fully access controlled interstate highways.

(ii) Parallel encroachments of transmission lines shall not be allowed within the median strips of divided highways.

(iii) Parallel encroachments of transmission lines may be allowed along partially access controlled highways at the discretion of the director or the commission if special and unique circumstances exist, and if such parallel encroachment does not affect the safe operation, design, construction, reconstruction, and maintenance of the highway.

(iv) When a parallel encroachment is allowed for transmission lines, the line shall be located as close to the highway right-of-way line as possible and no closer to the road bed than 50 feet from the adjacent edge of the traveled way as delineated by the edge-line paint stripe.

(v) When a parallel encroachment is allowed, the facility shall be marked with line markers every 1,000 feet placed as nearly as practical over the top of the transmission line. A continuous colored tracer tape shall be placed 18 inches above the top of any pipe that falls within the right-of-way.

(vi) Transmission facilities shall not be attached to any bridge or other highway structure.

(vii) A Wyoming-licensed professional engineer shall review and approve above-ground transmission support structures used to cross rivers.

(viii) The minimum depth of cover for parallel transmission lines shall be 48 inches below natural ground and/or below the roadway ditch flow line. The minimum depth of cover for parallel facilities closer to the traveled way than the designated 50 feet minimum shall be 72 inches below natural ground and/or below the roadway ditch flow line. The minimum depth of cover for all crossing transmission lines shall be 120 inches below natural ground and/or below the roadway ditch flow. If the minimum depth of cover is not practical because of natural conditions, the applicant shall consider additional protective measures (such as concrete encasement or using a concrete cap or slab or other protective measures) as part of the license application.

(ix) Transmission line support facilities such as storage tanks, compressors, valves, clean-out traps, cathodic protection fields and rectifiers, and similar facilities shall not be located inside the highway right-of-way unless extenuating circumstances exist and the director or the commission specifically approves the proposed location.

(x) If extenuating circumstances or site specific conditions prove that a cathodic protection groundbed must be placed on highway right-of-way to be effective (other than on interstate highways), such an installation may be approved if the applicant presents sufficient justification.

(i) Parallel encroachments of gathering lines shall not be placed within the highway right-of-way. The number of gathering lines crossing the highway right-of-way shall be held to a minimum by placing large casing pipes in a few locations and running several gathering lines through them.

(ii) The minimum depth of cover for crossing gathering lines shall be 36 inches below natural ground and/or below the roadway ditch flow line. If the minimum depth of cover is not practical because of rock, the applicant shall consider additional protective measures (such as concrete encasement or using a concrete cap or slab or other protective measures) as part of the license application.

(iii) Gathering line support facilities such as storage tanks, valves, clean-out traps, compressors, and similar facilities shall not be located on the highway right-of-way.

(iv) If extenuating circumstances or site-specific conditions prove that a cathodic protection groundbed must be on highway right-of-way to be effective (other than on interstate highways), such an installation shall be approved if the applicant presents sufficient justification.

(v) Line markers shall be located as close as possible to the right-of-way line.

(d) The following shall apply to distribution lines:

(i) Distribution systems may be allowed to encroach parallel to, or to cross, the highway right-of-way.

(ii) The minimum depth of cover for distribution lines, whether in urban or rural areas, shall be 36 inches below natural ground and/or below the roadway ditch flow line. If the minimum depth of cover is not practical because of rock, the applicant shall consider additional protective measures (such as concrete encasement or using a concrete cap or slab or other protective measures) as part of the license application.

(iii) Neither distribution system pressure regulators, whether in huts or in vaults, nor metering equipment shall be located on highway right-of-way unless extenuating circumstances exist and the department specifically approves the proposed location.

History

Effective 2005-10-25

Chapter 10 Petroleum Product & Hazardous Liquid Pipelines

Wyo. Code R. 045.0007.10.10252005 Petroleum Product & Hazardous Liquid Pipelines

Wyoming Department of Transportation

Petroleum, Petroleum Product, and Hazardous Liquid Pipelines

CHAPTER 10

Section 1. Authority and Purpose.

These rules of practice and procedure are promulgated by authority of W.S. 1-26-813 and W.S.24-2-105 to administer gas pipeline facilities within state highway system right-of-way.

Section 2. Design and Construction Provisions.

Section 3. Definitions.

For the purpose of this rule and regulation the following definitions are used:

(b) "Commission" means the Transportation Commission of Wyoming.

(d) "Director" means the director of the Wyoming Department of Transportation.

(e) "Gathering lines" means pipelines that transport petroleum products from a production facility (wellhead) to a storage facility or transmission line.

(f) "Petroleum products" means crude oil, condensate, natural gasoline, natural gas liquids, and liquified petroleum gas; flammable, toxic, or corrosive products obtained from distilling and processing of crude oil; unfinished oils, blend stocks, and other miscellaneous hydrocardon compounds; and all other hazardous liquids as defined by Title 49 Code of Federal Regulations, Part 195.2.

(g) "Transmission lines and facilities" means pipelines and facilities for the transportation of petroleum products between states (interstate) as well as those that transport petroleum products 10-1 from gathering lines and storage facilities to distribution centers and storage facilities or directly to large volume customers (intrastate).

(h) "Traveled way" means that portion of the roadway designated for vehicular traffic, exclusive of the shoulders.

Section 4. Specific Provisions.

(a) The following shall apply to all facility types:

(iii) Bore and receiving pits shall be located as close to the highway right-of-way line as possible.

(v) Abandoned or incomplete bores shall be backfilled and plugged as directed by the department's engineer.

(vi) Pipeline crossings shall be as near to perpendicular to the roadway centerline as practical.

(vii) Vent pipes shall be located as close as possible to the right-of-way line. If vent pipes lie within the clear roadway recovery area, they shall be of a breakaway design.

(viii) Line markers that fall within the clear roadway recovery area shall be of a breakaway design.

(b) The following shall apply to transmission lines:

(i) Parallel encroachments of transmission lines shall not be allowed within the No Access line of fully access controlled interstate highways.

(ii) Parallel encroachments of transmission lines shall not be allowed within the median strips of divided highways.

(vi) Transmission facilities shall not be attached to any bridge or other highway structure.

(vii) A Wyoming-licensed professional engineer shall review and approve above-ground transmission support structures used to cross rivers.

10-3 approves the proposed location.

(ii) The minimum depth of cover for crossing gathering lines, whether in urban or rural areas, shall be 36 inches below natural ground and/or below the roadway ditch flow line, except for Liquid Petroleum Gas (LPG) lines, which shall have 48 inches of cover. If the minimum depth of cover is not practical because of rock, the applicant shall consider additional protective measures (such as concrete encasement or using a concrete cap or slab or other protective measures) as part of the license application.

(iii) Gathering line support facilities such as storage tanks, valves, clean-out traps, compressors, and similar facilities shall not be located on the highway right-of-way.

(v) Line markers shall be located as close as possible to the right-of-way line.

History

Effective 2005-10-25

Chapter 11 Waterlines - Transmission & Distribution

Wyo. Code R. 045.0007.11.03261990 Waterlines - Transmission & Distribution

CHAPTER XI

WATER LINES TRANSMISSION AND DISTRIBUTION

Section 1. Design and Construction Provisions. The provisions of Chapter I as to occupancy of and construction within high- way rights-of-way shall apply.

Section 2. Definitions. For the purpose of this regulation the following definitions are used:

(a) Transmission line means any pipeline conveying raw or treated water from a well field or remote storage facility to a treatment plant and/or distribution storage tank.

(b) Distribution line, including individual customer connections and distribution mains, means those lines conveying water to customers and fire protection systems from a common source.

Section 3. Specific Provisions - Transmission Lines.

(a) Transmission lines shall not be allowed parallel encroachments in narrow highway rights-of- way, especially if roadway reconstruction, widening or slope modification is contemplated in the foreseeable future.

(b) When parallel encroachment is allowed, the line shall be located as close to the highway R/ line as possible.

(c) Crossings of the roadway and/or paved side streets and approaches may be made by either boring a casing pipe or heavy wall thickness pipe under the roadway template. Crossings of roadway templates shall be as near to perpendicular to the roadway centerline as possible.

The requirement for casing of the road crossing shall be specifically discussed between the applicants engineer and the Departments engineer, and shall among other things, depend on the pipeline materials used and the systems operating pressure.

(d) Depth of cover shall, at a minimum, be below frost line but not less than four (4) feet below natural ground or roadway ditch flow line.

(e) Shallow depth of cover below natural ground with a dirt fill over the pipeline for frost protection shall not be allowed.

(f) Carrier pipe and casing pipe shall be able to withstand highway loading, as determined by pipe manufacturers data for the type and size proposed and the anticipated operating pressure, and be of the most durable and maintenance free material. The lines shall be cathodically protected.

(g) All manholes for vacuum breakers, air relief valves, meters, etc. shall be constructed flush with the surrounding terrain, and if in the paved portion of the roadway in a manner that allows for adjustment for future changes in pavement thickness.

(h) Vent pipes and marker posts shall be located at the R/W line. If they fall within the roadways clear recovery area they shall be of a break away design.

(i) Blow off valves shall be located near the highway R/W line and near an existing water course of sufficient size to minimize flooding of the road and erosion damage.

The blow off valve shall be oriented away from the roadway and permanent structures.

(j) If trenching across paved areas has been specifically approved by the Departments engineer, backfill compaction, pavement repair, and restoration of the highway R/W shall be as directed by the Department.

(k) Bore and receiving pits shall be no closer than fifteen (15) feet to the bottom of the roadway embankment or ditch flow line, but no closer than thirty (30) feet from the edge of traveled way to the face of the pit.

Section 4. Specific Provisions - Distribution Lines.

(a) Pertinent portions of Section 3 apply to this section as well.

(b) Service connection crossings to customers shall be held to a minimum by installing major feeder lines across the highway R/W and starting distribution on the other side of the highway.

(d) Service connections to customers and lines to hydrants shall, at a minimum, be constructed below frost line but not less than four (4) feet below the top of the roadway or adjacent natural ground.

History

Effective 1990-03-26

Chapter 12 Sanitary Sewer & Storm Sewer Lines

Wyo. Code R. 045.0007.12.03261990 Sanitary Sewer & Storm Sewer Lines

CHAPTER XII

SANITARY SEWER AND STORM SEWER LINES

Section 1. Design and Construction Provisions. The provisions of Chapter I as to occupancy of and construction within high- way rights-of-way shall apply.

Section 2. Definitions. For the purpose of this regulation the following definitions are used:

(a) Sanitary sewer lines means individual customer connections, collection trunk lines and outfall lines to treatment facilities.

(b) Storm sewer lines means the total collection system from drop inlet to trunk lines to outfall lines. This does not include lines for highway drainage.

Section 3. Specific Provisions - Sanitary Sewers.

(a) Major trunk lines and outfall lines shall not be allowed parallel encroachment in narrow highway rights-of-way, especially if roadway reconstruction, widening, or slope modification is contemplated in the foreseeable future.

(b) When parallel encroachment is allowed, the line shall be located as close to the right-of- way line as possible.

(c) Crossings of the roadway and/or paved side streets and approaches may be made by either boring a casing pipe or heavy wall thickness carrier pipe under the roadway template. Crossing of the roadway template shall be as near to perpendicular to the roadway centerline as possible.

NOTE: The requirement for casing of the road crossing shall be specifically discussed between the applicants engineer and the Departments engineer, and shall, among other things, depend on the pipeline materials used and the systems operating pressure.

(d) Depth of cover shall, at a minimum, be four (4) feet below natural ground or roadway ditch flow line to allow for future installation of storm sewer lines without interfering.

(e) Shallow depth of cover with a protective dirt berm over the top shall not be allowed.

(f) When parallel encroachment within the roadway template and/or the pavement section is unavoidable, the pipe and manholes used shall be able to withstand highway loading, as determined by manufacturers data, and be of the most durable and maintenance free material.

When applicable, large mains and outfall lines shall be cathodically protected.

(g) All manholes shall be constructed flush with the surrounding terrain and if in the paved portion of the roadway in a manner that allows for adjustment for future changes in pavement thickness.

Lift stations shall not be located on the highway right-of-way.

(h) When trenching across the roadway template, paved side streets, or approaches has been specifically approved by the Departments engineer, backfill compaction, pavement repair, and restora- tion of the highway R/W shall be as directed by the Department.

(i) Bore pits shall be located as described in Chapter 6, Section 13.

Section 4. Specific Provisions - Storm Sewers.

(a) Connections to Department storm sewer systems shall only be allowed if the system has the capacity to handle the additional inflow. Construction of the connection and restoration of pavement and right-of-way shall be as directed by the engineer.

(b) Major trunk lines and outfall lines, not connected with highway drainage, shall not be allowed parallel encroachment in narrow highway rights-of-way, especially if roadway reconstruction, widening or slope modification is contemplated in the foreseeable future.

(d) Crossings of the roadway and/or paved side streets and approaches may be made by either boring a casing pipe or heavy wall thickness carrier pipe under the roadway template. Crossings of the roadway template shall be as near to perpendicular to the roadway centerline as possible.

NOTE: The requirement for casing of the road crossing shall be specifically discussed between the applicants engineer and the Departments engineer and shall among other things depend on the pipeline materials used and the systems operating pressure.

(e) Depth of cover shall be a minimum of four (4) feet below natural ground or roadway ditch flow line.

(f) Shallow depth of cover with a protective dirt berm over the top shall not be allowed.

(g) When parallel encroachment within the roadway template and/or the pavement section is unavoidable, the pipe and manholes used shall be able to withstand highway loading, as determined by manufacturers data, and be of the most durable and maintenance free material.

(h) All manholes shall be constructed flush with the surrounding terrain and if in the paved portion of the roadway in a manner that allows for adjustment for future changes in pavement thickness.

History

Effective 1990-03-26

Chapter 13 Agricultural Irrigation Facilities

Wyo. Code R. 045.0007.13.03261990 Agricultural Irrigation Facilities

CHAPTER XIII

AGRICULTURAL IRRIGATION

FACILITIES

Section 1. Design and Construction Provisions. The provisions of Chapter I as to occupancy of and construction within high- way rights-of-way shall apply.

Section 2. Definitions. For the purpose of this regulation the following definition applies:

Agricultural irrigation facilities means canals, ditches, pipes, culverts, flumes, siphons, headgates, diversion boxes, and ditch rider roads, as well as waste water return ditches, whether privately owned and operated or as a part of the system of an Irrigation Company or District.

Section 3. Interstate Highways and Other Fully Access Controlled Roads.

(a) Crossing of the Right-of-Way.

(i) Crossings shall be as close to perpendicular to the roadway centerline as practical.

(ii) Vertical clearance between top of irrigation pipe and bottom of ditch or the natural ground shall be three (3) feet.

(iii) Open ditches shall not be allowed between the NO ACCESS lines.

(iv) Headgates, diversion boxes and the beginning and end of siphons, shall be located outside of the highway right-of-way.

(v) Ditch rider or maintenance roads shall terminate at the R/W fence.

(vi) Parallel encroachment of ditches within the R/W is not permitted.

(vii) Overhead pipes or flumes shall not be permitted unless extenuating circumstances exist.

Any proposal from an Irrigation District for overhead piping across the highway R/W shall be submitted to theState Bridge Engineer for a design review.

The minimum vertical clearance above the high point of the roadway template shall be 20 feet.

The preferred method of crossing the highway R/W is the installation of a siphon with watertight joints.

(viii) Under no circumstances shall irrigation water or irrigation waste water be con- ducted through highway drainage ditches or facilities.

(ix) Bore pits shall be located as described in Section 106.12.

Section 4. Other Roads.

(a) Crossing of the Right-of-Way.

(i) The provisions of Section 3 (a) i, ii, iv, vii, viii and ix shall apply.

(ii) Open ditches may be allowed if they do not fall within the clear roadway recovery area and extenuating circumstances prevent the installation of the ditches outside of the highway R/W.

If open ditches are allowed on the highway R/W, they shall be concrete lined and located as close to the highway R/W line as possible.

(iii) Ditch rider or maintenance road approaches to the highway shall be constructed to Department specifications and in a location that meets all safety requirements, and may require the placement of gates and/or cattle guards at the R/W line.

Section 5. All Roads. If an agricultural operation adjacent to the highway R/W changes from surface irrigation to pumped, pipeline, or sprinkler irrigation, any existing irrigation culverts may be used as a casing for the irrigation pipeline.

Location of the pipeline, depth of cover, filling of open ditches, and restoration of the highway R/ shall be as directed by the Departments engineer.

History

Effective 1990-03-26