Chapter 5
Vehicle Dealers
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
(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.
Section 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.
(c) A request for a hearing or response to a "Notice To Show Cause" shall be sent to the following address:
Wyoming Department of Transportation
Compliance and Investigation Program
5300 Bishop Blvd.
Cheyenne, WY, 82009-3340
Section 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.