045-1 Wyo. Code R. §§ 1-16 - 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

(C) Request, in writing, the Department investigate again to determine if a license will be issued.

(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

(C) Require the person to do the following:

(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.

Notes

045-1 Wyo. Code R. §§ 1-16

Amended, Eff. 12/5/2016. Amended, Eff. 7/2/2024.