Contract carrier carries no pounds; private carrier carries twenty-six thousand
The decisive contrast in Wyoming is two subparagraphs apart. W.S. 31-18-101(a)(x)(A) provides: “‘Contract motor carrier’ means any person engaged in the intrastate or interstate transportation of persons or property by motor vehicle on highways for compensation.” There is no rating in that sentence, no combination weight, and no equipment description of any kind. The whole of the trigger is transportation of property, by motor vehicle, on highways, for compensation.
Now read the neighboring definition. W.S. 31-18-101(a)(x)(D) provides that “‘Private motor carrier’ means any person engaged in business and operating a vehicle which has a gross vehicle weight, gross vehicle weight rating, gross combination weight or gross combination weight rating exceeding twenty-six thousand (26,000) pounds operating intrastate,” with a different figure stated for interstate operation, “who, without compensation, transports over highways his employees or property of which the person is the owner, lessee or bailee, used in the furtherance of any commercial enterprise.”
The drafting is deliberate on its face. Wyoming knew how to write a weight into a carrier definition, wrote one into the definition of the operator who is not being paid, and declined to write one into the definition of the operator who is. An operator whose rig is nowhere near 26,000 pounds and who reasons from the private-carrier figure has read the definition that describes somebody else’s operation.
The word that separates them is “compensation,” and Wyoming defines that too. W.S. 31-18-101(a)(iv): “‘Compensation’ means money or other recompense given, either directly or indirectly, for the transportation of persons or property by a motor carrier.” The phrase “either directly or indirectly” is doing work. A haul that is not separately invoiced, but is priced into a job the operator is being paid for, is not obviously outside a definition drawn that way.
There is one further oddity in the chapeau above both of them that is worth naming rather than tidying away, because a reader who notices it will assume the page has misquoted. W.S. 31-18-101(a)(x) opens: “‘Motor carrier’ or ‘carrier’ means a contract, private or interstate commercial vehicle operating on highways as hereafter defined.” The chapeau defines a class of person as a vehicle, and then the subparagraphs beneath it define each member as a person. The subparagraphs are the operative text and this page reads them as written; the chapeau is reproduced here exactly so that nobody has to wonder whether it was cleaned up.