H.B. 10

1

YOUTH DRIVER PROVISIONS
2 1999 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Don E. Bush
5 AN ACT RELATING TO PUBLIC SAFETY; REQUIRING CERTAIN DRIVING EXPERIENCE
6 IN ORDER TO OBTAIN A DRIVER LICENSE; AMENDING CERTAIN PRACTICE
7 PERMIT PROVISIONS; PROVIDING A NIGHT RESTRICTION FOR CERTAIN YOUNG
8 DRIVERS; PROVIDING ADDITIONAL SEAT BELT REQUIREMENTS FOR
9 PASSENGERS RIDING WITH CERTAIN YOUNG DRIVERS; PROVIDING PENALTIES;
10 AND PROVIDING AN EFFECTIVE DATE.
11 This act affects sections of Utah Code Annotated 1953 as follows:
12 AMENDS:
13 53-3-204, as last amended by Chapter 365, Laws of Utah 1997
14 53-3-210, as last amended by Chapters 34 and 48, Laws of Utah 1996
15 53-3-211, as last amended by Chapter 260, Laws of Utah 1998
16 ENACTS:
17 41-8-2, Utah Code Annotated 1953
18 41-8-3, Utah Code Annotated 1953
19 Be it enacted by the Legislature of the state of Utah:
20 Section 1. Section 41-8-2 is enacted to read:
21 41-8-2. Operation of vehicle by persons under 17 during night hours prohibited --
22 Exceptions.
23 (1) In addition to the provisions of Title 53, Chapter 3, Uniform Driver License Act, a
24 person younger than 17 years of age, whether resident or nonresident of this state, may not operate
25 a motor vehicle upon any highway of this state between the hours of 11:00 p.m. and 5:00 a.m.
26 (2) This section does not apply to a person who is operating a motor vehicle within the
27 privileges granted to the person by a driver license or permit and who is operating a motor vehicle:

28 (a) accompanied by a licensed driver at least 21 years of age who is occupying a seat next
29 to the driver;
30 (b) for the driver's employment, including the trip to and from the driver's residence and
31 the driver's employment;
32 (c) to and from the driver's own school-sponsored activity and the driver's residence; or
33 (d) on assignment of a farmer or rancher and the driver is engaged in an agricultural
34 operation.
35 (3) In addition to any penalties imposed under Title 53, Chapter 3, Uniform Driver License
36 Act, a violation of this section is a class C misdemeanor.
37 Section 2. Section 41-8-3 is enacted to read:
38 41-8-3. Seat belt requirements.
39 (1) In addition to the provisions of Sections 41-6-148.20 and 41-6-182 , all persons in a
40 motor vehicle being driven by a person younger than 17 years of age, shall wear a properly
41 adjusted and fastened safety belt system or child restraint device, as applicable, that meets the
42 standards set by the commissioner of the Department of Public Safety.
43 (2) A violation of this section is a class C misdemeanor.
44 Section 3. Section 53-3-204 is amended to read:
45 53-3-204. Persons who may not be licensed.
46 (1) (a) The division may not license a person who:
47 (i) is younger than 16 years of age [or a person who];
48 (ii) has not completed a course in driver training approved by the commissioner; and
49 (iii) if the person is a minor, does not complete the driving requirement under Section
50 53-3-211 .
51 (b) Subsection (a) does not apply to a person:
52 (i) who has been licensed before July 1, 1967; or
53 (ii) who is 16 years of age or older making application for a license who has been licensed
54 in another state or country.
55 (2) The division may not issue a license certificate to a person:
56 (a) whose license has been suspended, denied, cancelled, or disqualified during the period
57 of suspension, denial, cancellation, or disqualification;
58 (b) whose privilege has been revoked, except as provided in Section 53-3-225 ;

59 (c) who has previously been adjudged mentally incompetent and who has not at the time
60 of application been restored to competency as provided by law;
61 (d) who is required by this chapter to take an examination unless the person successfully
62 passes the examination; or
63 (e) whose driving privileges have been denied or suspended under:
64 (i) Section 78-3a-506 by an order of the juvenile court; or
65 (ii) Section 53-3-231 .
66 (3) The division may grant a class D or M license to a person whose commercial license
67 is disqualified under Part 4 of this chapter if the person is not otherwise sanctioned under this
68 chapter.
69 Section 4. Section 53-3-210 is amended to read:
70 53-3-210. Temporary learner permit -- Instruction permit -- Commercial driver
71 instruction permit -- Practice permit.
72 (1) (a) The division upon receiving an application for a class D or M license from a person
73 16 years of age or older may issue a temporary learner permit after the person has successfully
74 passed all parts of the examination not involving actually driving a motor vehicle.
75 (b) The temporary learner permit allows the applicant, while having the permit in the
76 applicant's immediate possession, to drive a motor vehicle upon the highways for six months from
77 the date of the application in conformance with the restrictions indicated on the permit.
78 (2) (a) The division, upon receiving an application, may issue an instruction permit
79 effective for one year to an applicant who is enrolled in a driver education program that includes
80 practice driving, if the program is approved by the State Office of Education, even though the
81 applicant has not reached the legal age to be eligible for a license.
82 (b) The instruction permit entitles the applicant, while having the permit in his immediate
83 possession, to drive a motor vehicle, only if an approved instructor is occupying a seat beside the
84 applicant or in accordance with the requirements of Subsections (4) and 53A-13-208 (4).
85 (3) The division may issue a commercial driver instruction permit under Title 53, Chapter
86 3, Part 4, Uniform Commercial Driver License Act.
87 (4) (a) The division shall issue a practice permit to an applicant who:
88 (i) is at least 15 years and nine months of age;
89 (ii) has been issued an instruction permit under this section;

90 (iii) is enrolled in or has successfully completed a driver education course in a:
91 (A) commercial driver training school licensed under Title 53, Chapter 3, Part 5,
92 Commercial Driver Training Schools Act; or
93 (B) driver education program approved by the division;
94 (iv) has passed the written test required by the division;
95 (v) has passed the physical and mental fitness tests; and
96 (vi) has submitted the nonrefundable fee for a class D license.
97 (b) The division shall supply the practice permit form. The form shall include the
98 following information:
99 (i) the person's full name, date of birth, sex, home address, height, weight, and eye color;
100 (ii) the name of the school providing the driver education course;
101 (iii) the dates of issuance and expiration of the permit;
102 (iv) the statutory citation authorizing the permit; and
103 (v) the conditions and restrictions contained in this section for operating a class D motor
104 vehicle.
105 (c) The practice permit is valid for up to [90 days] six months from the date of issuance.
106 The practice permit allows the person, while having the permit in the applicant's immediate
107 possession, to operate a class D motor vehicle when the person's parent, legal guardian, or adult
108 spouse, who must be a licensed driver, is occupying a seat next to the person [and no other
109 passengers are in the vehicle].
110 (d) If an applicant has been issued a practice permit by the division, the applicant may
111 obtain an original or provisional class D license from the division upon passing the skills test
112 administered by the division and reaching 16 years of age.
113 Section 5. Section 53-3-211 is amended to read:
114 53-3-211. Application of minors -- Liability of person signing application --
115 Cancellation of cosigning adult's liability -- Behind-the-wheel driving certification.
116 (1) As used in this section, "minor" means any person younger than 18 years of age who
117 is not married or has not been emancipated by adjudication.
118 (2) (a) The application of a minor for a temporary learner permit, practice permit, or
119 provisional license shall be signed by the parent or guardian of the applicant and verified before
120 a person authorized to administer oaths.

121 (b) If the minor applicant does not have a parent or guardian, then a responsible adult who
122 is willing to assume the obligation imposed under this chapter may sign the application.
123 (3) (a) Except as provided in Subsection (4), the liability of a minor for civil compensatory
124 damages caused when operating a motor vehicle upon a highway is imputed to the person who has
125 signed the application of the minor under Subsection (2).
126 (b) The person who has signed the application under Subsection (2) is jointly and severally
127 liable with the minor as provided in Subsections (3)(a) and (c).
128 (c) The liability imposed under Subsections (3)(a) and (b) is limited to the policy minimum
129 limits established in Section 31A-22-304 .
130 (d) The liability provisions in this Subsection (3) are in addition to the liability provisions
131 in Section 53-3-212 .
132 (4) If owner's or operator's security covering the minor's operation of the motor vehicle is
133 in effect in amounts as required under Section 31A-22-304 , the person who signed the minor's
134 application under Subsection (2) is not subject to the liability imposed under Subsection (3).
135 (5) (a) A person who has signed the application of a minor under Subsection (2) may file
136 with the division a verified written request that the permit or license of the minor be canceled.
137 (b) The division shall then cancel the permit or license of the minor, and the person who
138 signed the application of the minor under Subsection (2) is relieved from the liability imposed
139 under Subsection (3) or the minor operating a motor vehicle subsequent to the cancellation.
140 (6) (a) The division upon receipt of satisfactory evidence of the death of the person who
141 signed the application of a minor under Subsection (2) shall cancel the permit or license and may
142 not issue a new permit or license until a new application, signed and verified, is made under this
143 chapter.
144 (b) This subsection does not apply to an application of a person who is no longer a minor.
145 (7) (a) In addition to the liability assumed under this section, the person who signs the
146 application of a minor for a provisional license must certify that the minor applicant has completed
147 at least 30 hours of driving a motor vehicle under the authority of a permit issued under this
148 chapter.
149 (b) The hours of driving a motor vehicle in a driver education course may be counted a part
150 of the requirement under Subsection (7)(a).
151 Section 6. Effective date.

152 This act takes effect on July 1, 1999.




Legislative Review Note
as of 11-19-98 11:59 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel