WORKING DRAFT

HOUSE BILL NO.      

Restricted travel.

Sponsored by:  Joint Transportation and Highways Interim Committee

A BILL

for

AN ACT relating to motor vehicles; creating requirements for restricting travel on highways as specified; providing definitions; providing for exceptions; repealing inconsistent provisions; providing for penalties; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

CHAPTER 19

TRAVEL RESTRICTIONS

Section 1.  W.S. 31-19-101 through 31-19-105 are created to read:

     31-19-101.  Definitions.

     (a)  As used in this act:

           (i)  "Adequate snow tire" means a tire with a mud and snow or all-weather rating from the manufacturer and having a tread of sufficient abrasive or skid-resistant design or composition and depth to provide adequate traction;

           (ii)  "Extreme travel conditions" means ice, snow, wind or other weather conditions or a combination of weather conditions that cause limited visibility or dangerous driving conditions without restrictions on travel;

           (iii)  "Director" means the director of the department of transportation;"

           (iv)  "Local person" means a driver of a motor vehicle whose destination is in close proximity to the restricted or closed area;

           (v)  "Tire chains" meansmetal chains which consist of two (2) circular metal loops, one (1) on each side of the tire, connected by not less than nine (9) evenly spaced chains across the tire tread and any other traction devices differing from metal chains in construction, material or design but capable of providing traction equal to or exceeding that of metal chains under similar conditions;

           (vi)  "This act" means W.S. 31-19-101 through 31-19-105.

     31-19-102.  Restricted highway travel.

     (a)  In addition to the provisions of W.S. 24-1-107, when the director or his designated representative determines that extreme travel conditions exist, he may restrict travel, depending on the severity of the conditions on the affected highway, to:

           (i)  Motor vehicles equipped with adequate snow tires, tire chains or motor vehicles that are all wheel drive vehicles;

           (ii)  Motor vehicles equipped with tire chains or motor vehicles that are all wheel drive vehicles;

           (iii)  Emergency vehicles as defined in W.S. 31-5-1302(a)(ii), including snow plows; or

           (iv)  No traffic except by express permission given at the discretion of any peace officer present.

     31-19-103.  Compliance.

     (a)  An operator of a commercial vehicle with four (4) or more drive wheels with spacing of five (5) feet or less between axles shall affix tire chains to at least two (2) of the drive wheels of the vehicle at opposite ends of the same drive axle when the vehicle is required to be equipped with tire chains under this act.

     (b)  A local person may be allowed to proceed regardless of the provisions of this act if the highway trooper or other peace officer present determines that allowing travel to the local person's destination is reasonable under existing extreme travel conditions.

     31-19-104.  Closing or restricting use; public notice.

     (a)  To notify the public that a highway is closed or its use restricted pursuant to this act notification shall be as provided for in W.S. 24-1-108.

     (b)  If a highway is closed or restricted, all motor vehicles shall be allowed to return to the nearest town, city or municipality.  A highway's use shall not be restricted for the purposes of requiring tire chains pursuant to W.S. 31-19-102(a)(ii) unless adequate pull out areas are available to put tire chains on motor vehicles at least five (5) miles before the posting of the notification of the road closure or restriction.

     31-19-105.  Failure to observe signs and markers, penalties.

Any person who willfully fails to observe any sign, marker, warning, notice, or direction, placed or given under this act is guilty of a misdemeanor and shall be punished pursuant to the provisions of W.S. 31-5-1201.

Section 2.  W.S. 24-1-109 is amended to read:

24-1-109.  Closing or restricting use; failure to observe signs and markers.

Any person who willfully fails to observe any sign, marker, warning, notice, or direction, placed or given under W.S. 24-1-108 is guilty of a misdemeanor, and upon conviction thereof by any court of competent jurisdiction, shall be subject to a fine of not more than one hundred dollars ($100.00) or to imprisonment for a period not to exceed thirty (30) days, or to both such fine and imprisonment and shall be punished pursuant to the provisions of W.S. 31-5-1201.  A conviction pursuant to this section shall constitute a moving violation for purposes of Title 31.

Section 3.  W.S. 31-5-956(e) is repealed.

Section 4.  This act is effective July 1, 2002.

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