H.B. 213

1

DRIVER LICENSE - APPLICATION OF
2 MINOR
3 2007 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: David Litvack
6 Senate Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Utah Human Services Code and the Driver Licensing Act by
11 amending provisions relating to driver license applications by certain minors.
12 Highlighted Provisions:
13 This bill:
14 . provides that if a minor applicant for a temporary learner permit, practice permit, or
15 provisional driver license is in the legal custody of the Division of Child and Family
16 Services, a parent or responsible adult who is willing to assume certain obligations
17 and liability requirements may sign the application;
18 . provides that the Office of Licensing within the Department of Human Services
19 shall require a child placing agency that provides foster home services to notify a
20 foster parent of the liability requirements when signing as a responsible adult for a
21 foster child to receive a driver license;
22 . grants the Office of Licensing rulemaking authority to establish procedures for a
23 child placing agency to provide the notifications; and
24 . makes technical changes.
25 Monies Appropriated in this Bill:
26 None
27 Other Special Clauses:

28 None
29 Utah Code Sections Affected:
30 AMENDS:
31 53-3-211, as last amended by Chapter 201, Laws of Utah 2006
32 ENACTS:
33 62A-2-108.5, Utah Code Annotated 1953
34
35 Be it enacted by the Legislature of the state of Utah:
36 Section 1. Section 53-3-211 is amended to read:
37 53-3-211. Application of minors -- Liability of person signing application --
38 Cancellation of cosigning adult's liability -- Behind-the-wheel driving certification.
39 (1) As used in this section, "minor" means any person younger than 18 years of age
40 who is not married or has not been emancipated by adjudication.
41 (2) (a) The application of a minor for a temporary learner permit, practice permit,
42 learner permit, or provisional license shall be signed by the parent or guardian of the applicant.
43 (b) If the minor applicant does not have a parent or guardian or is in the legal custody
44 of the Division of Child and Family Services, then a parent or responsible adult who is willing
45 to assume the obligation imposed under this chapter may sign the application.
46 (3) (a) Except as provided in Subsection (4), the liability of a minor for civil
47 compensatory damages caused when operating a motor vehicle upon a highway is imputed to
48 the person who has signed the application of the minor under Subsection (2).
49 (b) The person who has signed the application under Subsection (2) is jointly and
50 severally liable with the minor as provided in Subsections (3)(a) and (c).
51 (c) The liability imposed under Subsections (3)(a) and (b) is limited to the policy
52 minimum limits established in Section 31A-22-304 .
53 (d) The liability provisions in this Subsection (3) are in addition to the liability
54 provisions in Section 53-3-212 .
55 (4) If owner's or operator's security covering the minor's operation of the motor vehicle
56 is in effect in amounts as required under Section 31A-22-304 , the person who signed the
57 minor's application under Subsection (2) is not subject to the liability imposed under
58 Subsection (3).

59 (5) (a) A person who has signed the application of a minor under Subsection (2) may
60 file with the division a verified written request that the permit or license of the minor be
61 canceled.
62 (b) The division shall then cancel the permit or license of the minor, and the person
63 who signed the application of the minor under Subsection (2) is relieved from the liability
64 imposed under Subsection (3) or the minor operating a motor vehicle subsequent to the
65 cancellation.
66 (6) (a) The division upon receipt of satisfactory evidence of the death of the person
67 who signed the application of a minor under Subsection (2) shall cancel the permit or license
68 and may not issue a new permit or license until a new application, signed and verified, is made
69 under this chapter.
70 (b) This Subsection (6) does not apply to an application of a person who is no longer a
71 minor.
72 (7) (a) In addition to the liability assumed under this section, the person who signs the
73 application of a minor for a provisional license must certify that the minor applicant, under the
74 authority of a permit issued under this chapter, has completed at least 40 hours of driving a
75 motor vehicle, of which at least ten hours shall be during night hours after sunset.
76 (b) The hours of driving a motor vehicle required under Subsection (7)(a) may include:
77 (i) hours completed in a driver education course as required under Subsection
78 53-3-505.5 (1); and
79 (ii) up to five hours completed by driving simulation practice on a fully interactive
80 driving simulation device at the substitution rate provided under Subsection 53-3-505.5 (2)(b).
81 Section 2. Section 62A-2-108.5 is enacted to read:
82 62A-2-108.5. Notification requirement for child placing agencies that provide
83 foster home services.
84 (1) The office shall require a child placing agency that provides foster home services to
85 notify a foster parent that if the foster parent signs as the responsible adult for a foster child to
86 receive a driver license under Section 53-3-211 , the foster parent is jointly and severally liable
87 with the minor for civil compensatory damages caused by the minor when operating a motor
88 vehicle upon a highway as provided under Subsections 53-3-211 (2) and (4).
89 (2) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the

90 office may makes rules establishing the procedures for a child placing agency to provide the
91 notification required under this section.




Legislative Review Note
as of 12-4-06 9:19 AM

Office of Legislative Research and General Counsel