reglab/statecodes huggingface dataset:
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0005 - Motor Vehicles and Licensing › Chapter 7 - Motor Vehicle Records › Section 7-9 - Fees

Current through July 13, 2024
(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.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0005 - Motor Vehicles and Licensing › Chapter 8 - COURTESY, NOVELTY, OR SAMPLE LICENSE PLATES › Section 8-1 - Authority

Current through July 13, 2024
These rules and regulations are promulgated by authority of
				  W.S.
				  24-2-105 to administer distribution of
				  courtesy, novelty, and sample license plates.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0005 - Motor Vehicles and Licensing › Chapter 8 - COURTESY, NOVELTY, OR SAMPLE LICENSE PLATES › Section 8-2 - Definitions

Current through July 13, 2024
(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.
(c) "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.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0005 - Motor Vehicles and Licensing › Chapter 8 - COURTESY, NOVELTY, OR SAMPLE LICENSE PLATES › Section 8-3 - Application

Current through July 13, 2024
(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.
(c) The individual requesting
				the plate shall be solely responsible for proper use of the plate.
(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.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0005 - Motor Vehicles and Licensing › Chapter 8 - COURTESY, NOVELTY, OR SAMPLE LICENSE PLATES › Section 8-4 - Fee

Current through July 13, 2024
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.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0005 - Motor Vehicles and Licensing › Chapter 8 - COURTESY, NOVELTY, OR SAMPLE LICENSE PLATES › Section 8-5 - Reasons to Deny a Request

Current through July 13, 2024
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.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0005 - Motor Vehicles and Licensing › Chapter 10 - IGNITION INTERLOCK DEVICES AND SERVICE PROVIDERS › Section 10-1 - Authority and Purpose

Current through July 13, 2024
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. W.S.
				  W.S.
				  31-7-401 through W.S. W.S.
				  W.S.
				  31-7-404.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0005 - Motor Vehicles and Licensing › Chapter 10 - IGNITION INTERLOCK DEVICES AND SERVICE PROVIDERS › Section 10-2 - Definitions

Current through July 13, 2024
(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.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0005 - Motor Vehicles and Licensing › Chapter 10 - IGNITION INTERLOCK DEVICES AND SERVICE PROVIDERS › Section 10-3 - Initial Certification for Ignition Interlock Service Providers

Current through July 13, 2024
(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;
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0005 - Motor Vehicles and Licensing › Chapter 10 - IGNITION INTERLOCK DEVICES AND SERVICE PROVIDERS › Section 10-4 - Performance Standards for Ignition Interlock Devices

Current through July 13, 2024
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
.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0005 - Motor Vehicles and Licensing › Chapter 10 - IGNITION INTERLOCK DEVICES AND SERVICE PROVIDERS › Section 10-5 - Standards for Detecting Breath Alcohol Concentration

Current through July 13, 2024
(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.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0005 - Motor Vehicles and Licensing › Chapter 10 - IGNITION INTERLOCK DEVICES AND SERVICE PROVIDERS › Section 10-6 - Data Recording Requirements for Ignition Interlock Devices

Current through July 13, 2024
(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.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0005 - Motor Vehicles and Licensing › Chapter 10 - IGNITION INTERLOCK DEVICES AND SERVICE PROVIDERS › Section 10-7 - Recertification of Ignition Interlock Service Providers

Current through July 13, 2024
(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.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0005 - Motor Vehicles and Licensing › Chapter 10 - IGNITION INTERLOCK DEVICES AND SERVICE PROVIDERS › Section 10-8 - Installation of Ignition Interlock Devices

Current through July 13, 2024
(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.
(C) Cover with a unique and easily
				identifiable seal, epoxy, resin, wire, sheathing, or tape:
(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.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0005 - Motor Vehicles and Licensing › Chapter 10 - IGNITION INTERLOCK DEVICES AND SERVICE PROVIDERS › Section 10-9 - Servicing of Ignition Interlock Devices

Current through July 13, 2024
(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.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0005 - Motor Vehicles and Licensing › Chapter 10 - IGNITION INTERLOCK DEVICES AND SERVICE PROVIDERS › Section 10-10 - Record Keeping and Reporting Requirements

Current through July 13, 2024
(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.
(C) Apparent misuse or
				attempt to tamper with or circumvent the device.
(D) Device failure.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0005 - Motor Vehicles and Licensing › Chapter 10 - IGNITION INTERLOCK DEVICES AND SERVICE PROVIDERS › Section 10-11 - Removal of Ignition Interlock Devices

Current through July 13, 2024
(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. W.S.
				W.S.
				31-7-404:
(A) Upon expiration of the term specified in
				W.S. W.S.
				31-7-402; or
(B) Upon lawful order of the court or
				Department.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0005 - Motor Vehicles and Licensing › Chapter 10 - IGNITION INTERLOCK DEVICES AND SERVICE PROVIDERS › Section 10-12 - Responsibilities of the Department

Current through July 13, 2024
(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.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0005 - Motor Vehicles and Licensing › Chapter 10 - IGNITION INTERLOCK DEVICES AND SERVICE PROVIDERS › Section 10-13 - Suspension or Revocation of Approval for an Ignition Interlock Device

Current through July 13, 2024
(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.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0005 - Motor Vehicles and Licensing › Chapter 10 - IGNITION INTERLOCK DEVICES AND SERVICE PROVIDERS › Section 10-14 - Suspension or Revocation of an Ignition Interlock Service Provider's Certificate

Current through July 13, 2024
(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.
(C) Any of the crimes listed under Section
				3(c)(ii) of these rules
				and regulations.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0005 - Motor Vehicles and Licensing › Chapter 11 - Rebuttable Presumption › Section 11-1 - Authority and Purpose

Current through July 13, 2024
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.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0005 - Motor Vehicles and Licensing › Chapter 11 - Rebuttable Presumption › Section 11-3 - Procedure for Rebuttal Presumption

Current through July 13, 2024
(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.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0005 - Motor Vehicles and Licensing › Chapter 12 - WILDLIFE CONSERVATION LICENSE PLATES › Section 12-1 - Authority and Purpose

Current through July 13, 2024
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.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0005 - Motor Vehicles and Licensing › Chapter 12 - WILDLIFE CONSERVATION LICENSE PLATES › Section 12-2 - Application Procedures and Fees

Current through July 13, 2024
(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.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0005 - Motor Vehicles and Licensing › Chapter 12 - WILDLIFE CONSERVATION LICENSE PLATES › Section 12-3 - Wildlife Conservation Account

Current through July 13, 2024
(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.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0005 - Motor Vehicles and Licensing › Chapter 12 - WILDLIFE CONSERVATION LICENSE PLATES › Section 12-4 - Account Procedures

Current through July 13, 2024
(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).
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0007 - Utility Accommodations › Chapter 1 - GENERAL PROVISIONS › Section 1-1 - Purpose

Current through July 13, 2024
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.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0007 - Utility Accommodations › Chapter 1 - GENERAL PROVISIONS › Section 1-3 - Joint Use Concept

Current through July 13, 2024
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.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0007 - Utility Accommodations › Chapter 1 - GENERAL PROVISIONS › Section 1-4 - Applicability

Current through July 13, 2024
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 FHPM6-6-3 -1, Utility Relocation/Adjustment, and FHPM 8-2-3,
				  Highway Safety Improvement Program.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0007 - Utility Accommodations › Chapter 2 - REFERENCES › Section 2-1 - General

Current through July 13, 2024
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.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0007 - Utility Accommodations › Chapter 2 - REFERENCES › Section 2-2 - United States Code (U.S.C)

Current through July 13, 2024
(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
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0007 - Utility Accommodations › Chapter 2 - REFERENCES › Section 2-3 - Code of Federal Regulations (CFR)

Current through July 13, 2024
(a) TITLE 23
				CFR: HIGHWAYS
Section 1.23: Right-of-Way & Utilities
(b) Use for high way purposes
(c) Other use or occupancy
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
(c) Executive
				Order 11990 and 42 FR 26961
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0007 - Utility Accommodations › Chapter 2 - REFERENCES › Section 2-4 - Department of Transportation - Federal Highway Administration

Current through July 13, 2024
(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"
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0007 - Utility Accommodations › Chapter 2 - REFERENCES › Section 2-5 - Association of State Highway and Transportation Officials

Current through July 13, 2024
(a) A guide for Accommodating Utilities
				within Highway Right-of-Way.
(b) A
				Policy on the Accommodation of Utilities within Freeway Right-of-Way.
(c) Guide for Selecting, Locating and
				Designing Traffic Barriers.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0007 - Utility Accommodations › Chapter 2 - REFERENCES › Section 2-7 - Wyoming Statutes

Current through July 13, 2024
(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
				  mandatory to determine the conditions and extent of the use by each
				  party
Section
											1-26-516: Inverse Condemnation
(c) Title 6: Code of Civil
				Procedures
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.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0007 - Utility Accommodations › Chapter 2 - REFERENCES › Section 2-8 - Wyoming Highway Department (WHD)

Current through July 13, 2024
(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: Contractor's Responsibility for Utility Procedures
				  and Services
109.04: Extra and Force Account Work
206.03: Trench Excavation
620.01: Water Lines
621.01: Sanitaiy Sewer Lines
625.01: Manholes, Inlets, Catch Basins, Diversion
				  Boxes
706.01: Non-Metallic Pipe
707.01: Metal Pipe
(c) Traffic Control for Roadway Work
				Operations Manual
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0007 - Utility Accommodations › Chapter 2 - REFERENCES › Section 2-9 - Wyoming Public Service Commission (PSC)

Current through July 13, 2024
Chapter ll: General Regulations
Section 236: Paragraph a and b: Interference of Utility Lines
				  with each other Section 237: Construction and Maintenance of Utility
				  Facilities
Chapter lll: 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
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0007 - Utility Accommodations › Chapter 3 - DEFINITIONS AND TERMS › Section 3-1 - Abbreviations

Current through July 13, 2024
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
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0007 - Utility Accommodations › Chapter 4 - SECONDARY USE OF HIGHWAY RIGHTS-OF-WAY › Section 4-1 - General

Current through July 13, 2024
(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.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0007 - Utility Accommodations › Chapter 4 - SECONDARY USE OF HIGHWAY RIGHTS-OF-WAY › Section 4-2 - Grant of Right

Current through July 13, 2024
(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.
(c)
				Licenses, License Agreements, and Exhibits are covered in detail elsewhere in
				this regulation.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0007 - Utility Accommodations › Chapter 4 - SECONDARY USE OF HIGHWAY RIGHTS-OF-WAY › Section 4-3 - Construction Criteria

Current through July 13, 2024
(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.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0007 - Utility Accommodations › Chapter 4 - SECONDARY USE OF HIGHWAY RIGHTS-OF-WAY › Section 4-4 - Interstate Highways and Other Fully Access Controlled Roads

Current through July 13, 2024
(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.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0007 - Utility Accommodations › Chapter 4 - SECONDARY USE OF HIGHWAY RIGHTS-OF-WAY › Section 4-5 - Access to a Facility Within a Fully Access Controlled Road

Current through July 13, 2024
(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.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0007 - Utility Accommodations › Chapter 4 - SECONDARY USE OF HIGHWAY RIGHTS-OF-WAY › Section 4-6 - Other Roads on the State or Federal Highway System

Current through July 13, 2024
(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, stock passes, 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.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0007 - Utility Accommodations › Chapter 4 - SECONDARY USE OF HIGHWAY RIGHTS-OF-WAY › Section 4-7 - Inspection

Current through July 13, 2024
(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.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0007 - Utility Accommodations › Chapter 5 - LICENSING PROCEDURES, AGREEMENTS, DENIAL OF APPLICATION › Section 5-1 - General

Current through July 13, 2024
(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 a utility facility with prior
				rights may be located within the highway right-of-way.
(d) An Exhibit (Drawing) of the facility's
				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.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0007 - Utility Accommodations › Chapter 5 - LICENSING PROCEDURES, AGREEMENTS, DENIAL OF APPLICATION › Section 5-2 - Application Procedure

Current through July 13, 2024
(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
				applicant will fill out the License (WHD Form E-54) and submit four signed and
				dated copies, with an Exhibit 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 proposed
				utility project and/or if the proposed work will be done by contractors working
				under the utility's 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
				Appendix).
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0007 - Utility Accommodations › Chapter 5 - LICENSING PROCEDURES, AGREEMENTS, DENIAL OF APPLICATION › Section 5-3 - License Form (WHD Form E-54)

Current through July 13, 2024
(a) Fonn 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
				number, 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 corporate 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 applicant 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 Department's permanent files.