Third Substitute S.B. 125

1

HARDSHIP DRIVER PERMIT FOR YOUTH
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Leonard M. Blackham
5 AN ACT RELATING TO PUBLIC SAFETY; PROVIDING FOR THE ISSUANCE OF A
6 RESTRICTED HARDSHIP PERMIT FOR CERTAIN PERSONS UNDER 16 YEARS OF
7 AGE; DEFINING TERMS; ESTABLISHING RESTRICTIONS, EXPIRATION, AND
8 REVOCATION.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 41-8-1, as last amended by Chapter 162, Laws of Utah 1987
12 ENACTS:
13 53-3-210.5, Utah Code Annotated 1953
14 Be it enacted by the Legislature of the state of Utah:
15 Section 1. Section 41-8-1 is amended to read:
16 41-8-1. Operation of vehicle by persons under 16 prohibited -- Exceptions for
17 off-highway vehicles and off-highway implements of husbandry.
18 (1) [No] Except as provided under Section 53-3-210, 53-3-210.5, or 53A-13-208, a person
19 under 16 years of age, whether resident or nonresident of this state, may not operate a motor
20 vehicle upon any highway of this state.
21 (2) This section does not apply to:
22 (a) persons operating off-highway vehicles registered under Section 41-22-3 either:
23 (i) on a highway designated as open for off-highway vehicle use; or
24 (ii) in the manner prescribed by Section 41-22-10.3; or
25 (b) persons operating off-highway implements of husbandry in the manner prescribed by
26 Subsections 41-22-5.5 (3) through (5).
27 Section 2. Section 53-3-210.5 is enacted to read:

1 53-3-210.5. Restricted hardship permits -- Definitions -- Issuance -- Restrictions --
2 Duration -- Revocation.
3 (1) As used in this section:
4 (a) "hardship" means a person who does not reside in an urbanized area and who must
5 drive:
6 (i) to a school that is more than S [ten] FIVE s miles or a bus stop that is more than two miles from
7 the person's residence; or
8 (ii) to a regular job that is not in an urbanized area and is more than five miles from the
9 person's residence; and
10 (b) "urbanized area" means a county with a population of 125,000 or more people or a
11 municipality with a population of 10,000 or more people.
12 (2) The division may issue a one-time restricted hardship permit to a person at least 14
13 years of age and less than 16 years of age upon receiving:
14 (a) an application and payment of the same fees required for an original provisional license
15 established in Section 53-3-105; and
16 (b) an affidavit of hardship upon a form furnished by the division, signed by the parent or
17 guardian having custody of the applicant, including a finding by the division that a hardship exists.
18 (c) (i) Proof of eligibility shall be provided to the division by the student's parent or
19 guardian at the time the affidavit is submitted, or as directed by the division.
20 (ii) Information provided in the affidavit and supporting documents shall be submitted
21 under oath and is subject to the requirements and penalties of Title 76, Chapter 8, Part 5,
22 Falsification in Official Matters.
23 (3) (a) In addition to the limitations under this section, an applicant for a restricted
24 hardship permit is subject to the same requirements under this chapter as if the applicant were 16
25 years of age applying for an original provisional license, including driver education requirements,
26 written and skills testing, and physical and mental fitness standards.
27 (b) (i) Driver education shall be provided to eligible students on a space available basis
28 in existing district programs and older students shall have priority in enrollment.
29 (ii) School districts shall have no duty to expand the capacity of existing driver education
30 programs or to open programs in additional schools to accommodate students made eligible for
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Amend on 3_goldenrod February 26, 1997 31 permits under this section.

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1 (iii) School districts shall have no duty to provide transportation for students made eligible
2 for permits under this section.
3 (iv) The application for admission to driver education shall be accompanied by the same
4 documentation and be subject to the same requirements and penalties as provided under Subsection
5 (2)(c).
6 (4) Except as provided in this section, a holder of a restricted hardship permit is considered
7 under all applicable motor vehicle laws of this state, as if the holder were 16 years of age holding
8 a provisional license.
9 (5) A restricted hardship permit allows the holder, while having the permit in the holder's
10 immediate possession and having permission of the holder's parent or guardian, to operate a class
11 D motor vehicle only:
12 (a) between the hours of 5:00 a.m. and 8:00 p.m.;
13 (b) outside of any urbanized area;
14 (c) not more than 50 miles from the holder's residence; S [and]
14a (d) WHILE NOT DRIVING ON AN INTERSTATE FREEWAY; AND
15 [(d)] (e) s while actually driving:
16 (i) to and from the holder's residence and employment;
17 (ii) to and from the holder's residence and school or school sponsored activity at the
18 holder's school; or
19 (iii) on assignment of a farmer or rancher while engaged in an agricultural activity.
20 (6) (a) Except under Subsection (5)(b), a restricted hardship permit is valid for up to two
21 years or until the holder is issued a license under this chapter, whichever is sooner.
22 (b) The division may immediately revoke from a person, all driving privileges granted
23 under this section, upon receiving a record of a conviction for any reportable violation as defined
24 in Section 53-3-102 or any driving restriction under this section.

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Amend on 3_goldenrod February 26, 1997