H.B. 72 Enrolled

1

MOTORCYCLE LICENSE AND ENDORSEMENT
2 AMENDMENTS
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Paul A. Neuenschwander
6 Senate Sponsor: Jon J. Greiner
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Motor Vehicles Code and the Uniform Driver License Act by
11 amending provisions relating to motorcycle endorsements and class M licenses.
12 Highlighted Provisions:
13 This bill:
14 . repeals the class M license;
15 . expires all existing class M licenses on June 30, 2008;
16 . prohibits the Driver License Division from issuing a motorcycle endorsement to a
17 person who:
18 . does not hold an original or provisional class D license, a CDL, or an
19 out-of-state equivalent; and
20 . if the person is under 19 years of age, has not held a learner permit for two
21 months unless the person has completed a motorcycle rider education program;
22 . creates the motorcycle learner permit;
23 . provides that a motorcycle learner permit entitles the holder of the permit to operate
24 a motorcycle subject to certain restrictions;
25 . grants the division rulemaking authority to implement rules for the issuance of a
26 motorcycle learner permit and the proof requirements for demonstrating that an
27 applicant has completed a motorcycle rider education program;
28 . requires an applicant to state whether the applicant has had a license suspended,
29 cancelled, revoked, disqualified, or denied in the last ten, rather than six, years; and

30 . makes technical changes.
31 Monies Appropriated in this Bill:
32 None
33 Other Special Clauses:
34 This bill takes effect July 1, 2008.
35 Utah Code Sections Affected:
36 AMENDS:
37 41-6a-521, as last amended by Laws of Utah 2007, Chapter 261
38 53-3-105, as last amended by Laws of Utah 2007, Chapters 53, 261, and 296
39 53-3-106, as last amended by Laws of Utah 2007, Chapter 261
40 53-3-202, as last amended by Laws of Utah 2006, Chapter 201
41 53-3-204, as last amended by Laws of Utah 2006, Chapters 46, 201, and 293
42 53-3-205, as last amended by Laws of Utah 2007, Chapters 60 and 173
43 53-3-207, as last amended by Laws of Utah 2007, Chapters 60 and 329
44 53-3-214, as last amended by Laws of Utah 2006, Chapter 189
45 53-3-216, as last amended by Laws of Utah 2006, Chapter 189
46 53-3-223, as last amended by Laws of Utah 2007, Chapter 261
47 53-3-231, as last amended by Laws of Utah 2007, Chapter 261
48 53-3-407, as last amended by Laws of Utah 2006, Chapter 293
49 53-3-905, as last amended by Laws of Utah 1994, Chapter 12
50 ENACTS:
51 53-3-210.6, Utah Code Annotated 1953
52
53 Be it enacted by the Legislature of the state of Utah:
54 Section 1. Section 41-6a-521 is amended to read:
55 41-6a-521. Revocation hearing for refusal -- Appeal.
56 (1) (a) A person who has been notified of the Driver License Division's intention to
57 revoke the person's license under Section 41-6a-520 is entitled to a hearing.

58 (b) A request for the hearing shall be made in writing within ten calendar days after the
59 day on which notice is provided.
60 (c) Upon request in a manner specified by the Driver License Division, the Driver
61 License Division shall grant to the person an opportunity to be heard within 29 days after the
62 date of arrest.
63 (d) If the person does not make a request for a hearing before the Driver License
64 Division under this Subsection (1), the person's privilege to operate a motor vehicle in the state
65 is revoked beginning on the 30th day after the date of arrest for a period of:
66 (i) 18 months unless Subsection (1)(d)(ii) applies; or
67 (ii) 24 months if the person has had a previous:
68 (A) license sanction for an offense that occurred within the previous ten years from the
69 date of arrest under Section 41-6a-517 , 41-6a-520 , 41-6a-530 , 53-3-223 , 53-3-231 , or
70 53-3-232 ; or
71 (B) conviction for an offense that occurred within the previous ten years from the date
72 of arrest under Section 41-6a-502 or a statute previously in effect in this state that would
73 constitute a violation of Section 41-6a-502 .
74 (2) (a) Except as provided in Subsection (2)(b), if a hearing is requested by the person,
75 the hearing shall be conducted by the Driver License Division in the county in which the offense
76 occurred.
77 (b) The Driver License Division may hold a hearing in some other county if the Driver
78 License Division and the person both agree.
79 (3) The hearing shall be documented and shall cover the issues of:
80 (a) whether a peace officer had reasonable grounds to believe that a person was
81 operating a motor vehicle in violation of Section 41-6a-502 , 41-6a-517 , 41-6a-530 , 53-3-231 ,
82 or 53-3-232 ; and
83 (b) whether the person refused to submit to the test or tests under Section 41-6a-520 .
84 (4) (a) In connection with the hearing, the division or its authorized agent:
85 (i) may administer oaths and may issue subpoenas for the attendance of witnesses and

86 the production of relevant books and papers; and
87 (ii) shall issue subpoenas for the attendance of necessary peace officers.
88 (b) The Driver License Division shall pay witness fees and mileage from the
89 Transportation Fund in accordance with the rates established in Section 78-46-28 .
90 (5) (a) If after a hearing, the Driver License Division determines that the person was
91 requested to submit to a chemical test or tests and refused to submit to the test or tests, or if the
92 person fails to appear before the Driver License Division as required in the notice, the Driver
93 License Division shall revoke the person's license or permit to operate a motor vehicle in Utah
94 beginning on the date the hearing is held for a period of:
95 (i) 18 months unless Subsection (5)(a)(ii) applies; or
96 (ii) 24 months if the person has had a previous:
97 (A) license sanction for an offense that occurred within the previous ten years from the
98 date of arrest under Section 41-6a-517 , 41-6a-520 , 41-6a-530 , 53-3-223 , 53-3-231 , or
99 53-3-232 ; or
100 (B) conviction for an offense that occurred within the previous ten years from the date
101 of arrest under Section 41-6a-502 or a statute previously in effect in this state that would
102 constitute a violation of Section 41-6a-502 .
103 (b) The Driver License Division shall also assess against the person, in addition to any
104 fee imposed under Subsection 53-3-205 [(13)](12), a fee under Section 53-3-105 , which shall be
105 paid before the person's driving privilege is reinstated, to cover administrative costs.
106 (c) The fee shall be cancelled if the person obtains an unappealed court decision
107 following a proceeding allowed under Subsection (2) that the revocation was improper.
108 (6) (a) Any person whose license has been revoked by the Driver License Division
109 under this section following an administrative hearing may seek judicial review.
110 (b) Judicial review of an informal adjudicative proceeding is a trial.
111 (c) Venue is in the district court in the county in which the offense occurred.
112 Section 2. Section 53-3-105 is amended to read:
113 53-3-105. Fees for licenses, renewals, extensions, reinstatements, rescheduling,

114 and identification cards.
115 The following fees apply under this chapter:
116 (1) An original class D license application under Section 53-3-205 is $25.
117 [(2) An original class M license application under Section 53-3-205 is $27.50.]
118 [(3)] (2) An original provisional license application for a class D license under Section
119 53-3-205 is $30.
120 [(4) An original provisional license application for a class M license under Section
121 53-3-205 is $32.50.]
122 [(5)] (3) An original application for a motorcycle endorsement under Section 53-3-205
123 is $9.50.
124 [(6)] (4) An original application for a taxicab endorsement under Section 53-3-205 is
125 $7.
126 [(7)] (5) A learner permit application under Section 53-3-210.5 is $15.
127 [(8)] (6) A renewal of a class D license under Section 53-3-214 is $25 unless
128 Subsection [(14)] (10) applies.
129 [(9) A renewal of a class M license under Section 53-3-214 is $27.50.]
130 [(10)] (7) A renewal of a provisional license application for a class D license under
131 Section 53-3-214 is $25.
132 [(11) A renewal of a provisional license application for a class M license under Section
133 53-3-214 is $27.50.]
134 [(12)] (8) A renewal of a motorcycle endorsement under Section 53-3-214 is $9.50.
135 [(13)] (9) A renewal of a taxicab endorsement under Section 53-3-214 is $7.
136 [(14)] (10) A renewal of a class D license for a person 65 and older under Section
137 53-3-214 is $13.
138 [(15)] (11) An extension of a class D license under Section 53-3-214 is $20 unless
139 Subsection [(21)] (15) applies.
140 [(16) An extension of a class M license under Section 53-3-214 is $22.50.]
141 [(17)] (12) An extension of a provisional license application for a class D license under

142 Section 53-3-214 is $20.
143 [(18) An extension of a provisional license application for a class M license under
144 Section 53-3-214 is $22.50.]
145 [(19)] (13) An extension of a motorcycle endorsement under Section 53-3-214 is $9.50.
146 [(20)] (14) An extension of a taxicab endorsement under Section 53-3-214 is $7.
147 [(21)] (15) An extension of a class D license for a person 65 and older under Section
148 53-3-214 is $11.
149 [(22)] (16) An original or renewal application for a commercial class A, B, or C license
150 or an original or renewal of a provisional commercial class A or B license under Part 4, Uniform
151 Commercial Driver License Act, is:
152 (a) $40 for the knowledge test; and
153 (b) $60 for the skills test.
154 [(23)] (17) Each original CDL endorsement for passengers, hazardous material, double
155 or triple trailers, or tankers is $7.
156 [(24)] (18) An original CDL endorsement for a school bus under Part 4, Uniform
157 Commercial Driver License Act, is $7.
158 [(25)] (19) A renewal of a CDL endorsement under Part 4, Uniform Commercial Driver
159 License Act, is $7.
160 [(26)] (20) (a) A retake of a CDL knowledge test provided for in Section 53-3-205 is
161 $20.
162 (b) A retake of a CDL skills test provided for in Section 53-3-205 is $40.
163 [(27)] (21) A retake of a CDL endorsement test provided for in Section 53-3-205 is $7.
164 [(28)] (22) A duplicate class A, B, C, or D[, or M] license certificate under Section
165 53-3-215 is $18.
166 [(29)] (23) (a) A license reinstatement application under Section 53-3-205 is $30.
167 (b) A license reinstatement application under Section 53-3-205 for an alcohol, drug, or
168 combination of alcohol and any drug-related offense is $35 in addition to the fee under
169 Subsection [(29)] (23)(a).

170 [(30)] (24) (a) An administrative fee for license reinstatement after an alcohol, drug, or
171 combination of alcohol and any drug-related offense under Section 41-6a-520 , 53-3-223 , or
172 53-3-231 or an alcohol, drug, or combination of alcohol and any drug-related offense under Part
173 4, Uniform Commercial Driver License Act, is $170.
174 (b) This administrative fee is in addition to the fees under Subsection [(29)] (23).
175 [(31)] (25) (a) An administrative fee for providing the driving record of a driver under
176 Section 53-3-104 or 53-3-420 is $6.
177 (b) The division may not charge for a report furnished under Section 53-3-104 to a
178 municipal, county, state, or federal agency.
179 [(32)] (26) A rescheduling fee under Section 53-3-205 or 53-3-407 is $25.
180 [(33)] (27) (a) Except as provided under Subsection [(34)] (27)(b), an identification
181 card application under Section 53-3-808 is $18.
182 [(34)] (b) An identification card application under Section 53-3-808 for a person with a
183 disability, as defined in 42 U.S.C. Sec. 12102, is $13.
184 Section 3. Section 53-3-106 is amended to read:
185 53-3-106. Disposition of revenues under this chapter -- Restricted account
186 created -- Uses as provided by appropriation -- Nonlapsing.
187 (1) There is created within the Transportation Fund a restricted account known as the
188 "Department of Public Safety Restricted Account."
189 (2) The account consists of monies generated from the following revenue sources:
190 (a) all monies received under this chapter;
191 (b) administrative fees received according to the fee schedule authorized under this
192 chapter and Section 63-38-3.2 ; and
193 (c) any appropriations made to the account by the Legislature.
194 (3) (a) The account shall earn interest.
195 (b) All interest earned on account monies shall be deposited in the account.
196 (4) The expenses of the department in carrying out this chapter shall be provided for by
197 legislative appropriation from this account.

198 (5) The amount in excess of $45 of the fees collected under Subsection
199 53-3-105 [(30)](24) shall be appropriated by the Legislature from this account to the department
200 to implement the provisions of Section 53-1-117 , except that of the amount in excess of $45,
201 $40 shall be deposited in the State Laboratory Drug Testing [restricted] Account created in
202 Section 26-1-34 .
203 (6) All monies received under Subsection 41-6a-1406 (6)(b)(ii) shall be appropriated by
204 the Legislature from this account to the department to implement the provisions of Section
205 53-1-117 .
206 (7) Appropriations to the department from the account are nonlapsing.
207 Section 4. Section 53-3-202 is amended to read:
208 53-3-202. Drivers must be licensed -- Taxicab endorsement -- Violation.
209 (1) A person may not drive a motor vehicle on a highway in this state unless the person
210 is:
211 (a) granted the privilege to operate a motor vehicle by being licensed as a driver by the
212 division under this chapter;
213 (b) driving an official United States Government class D motor vehicle with a valid
214 United States Government driver permit or license for that type of vehicle;
215 (c) driving a road roller, road machinery, or any farm tractor or implement of husbandry
216 temporarily drawn, moved, or propelled on the highways;
217 (d) a nonresident who is at least 16 years of age and younger than 18 years of age who
218 has in [his] the nonresident's immediate possession a valid license certificate issued to [him] the
219 nonresident in [his] the nonresident's home state or country and is driving [as a class D or M
220 driver;] in the class or classes identified on the home state license certificate, except those
221 persons referred to in Part 6, Drivers' License Compact, of this chapter;
222 (e) a nonresident who is at least 18 years of age and who has in [his] the nonresident's
223 immediate possession a valid license certificate issued to [him] the nonresident in [his] the
224 nonresident's home state or country if driving in the class or classes identified on the home state
225 license certificate, except those persons referred to in Part 6, Drivers' License Compact, of this

226 chapter;
227 (f) driving under a temporary learner permit, instruction permit, practice permit, or
228 learner permit in accordance with Section 53-3-210 , 53-3-210.5 , or 53A-13-208 ;
229 (g) driving with a temporary license certificate issued in accordance with Section
230 53-3-207 ; or
231 (h) exempt under Title 41, Chapter 22, Off-highway Vehicles.
232 (2) A person may not drive or, while within the passenger compartment of a motor
233 vehicle, exercise any degree or form of physical control of a motor vehicle being towed by a
234 motor vehicle upon a highway unless the person:
235 (a) holds a valid license issued under this chapter for the type or class of motor vehicle
236 being towed; or
237 (b) is exempted under either Subsection (1)(b) or (1)(c).
238 (3) A person may not drive a motor vehicle as a taxicab on a highway of this state
239 unless the person has a taxicab endorsement issued by the division on his license certificate.
240 (4) (a) A person may not operate an electric assisted bicycle as defined under Section
241 41-6a-102 unless the person has a valid [class M or] class D license issued under this chapter.
242 (b) Subsection (4)(a) is an exception to the provisions of Section 53-3-104 .
243 (5) A person who violates this section is guilty of a class C misdemeanor.
244 Section 5. Section 53-3-204 is amended to read:
245 53-3-204. Persons who may not be licensed.
246 (1) (a) The division may not license a person who:
247 (i) is younger than 16 years of age;
248 (ii) has not completed a course in driver training approved by the commissioner;
249 (iii) if the person is a minor, has not completed the driving requirement under Section
250 53-3-211 ;
251 (iv) is not a resident of the state, unless the person is issued a temporary CDL under
252 Subsection 53-3-407 (2)(b); or
253 (v) if the person is 17 years of age or younger, has not held a learner permit issued

254 under Section 53-3-210.5 for six months.
255 (b) Subsections (1)(a)(i), (ii), and (iii) do not apply to a person:
256 (i) who has been licensed before July 1, 1967; or
257 (ii) who is 16 years of age or older making application for a license who has been
258 licensed in another state or country[; or].
259 [(iii) who is applying for a permit under Section 53-3-210 or 53A-13-208 .]
260 [(c) Subsection (1)(a)(v) does not apply to a person applying for a provisional class D
261 license certificate before February 1, 2007 if the person has been issued a temporary learner
262 permit or practice permit under Section 53-3-210 .]
263 (2) The division may not issue a license certificate to a person:
264 (a) whose license has been suspended, denied, cancelled, or disqualified during the
265 period of suspension, denial, cancellation, or disqualification;
266 (b) whose privilege has been revoked, except as provided in Section 53-3-225 ;
267 (c) who has previously been adjudged mentally incompetent and who has not at the
268 time of application been restored to competency as provided by law;
269 (d) who is required by this chapter to take an examination unless the person successfully
270 passes the examination; or
271 (e) whose driving privileges have been denied or suspended under:
272 (i) Section 78-3a-506 by an order of the juvenile court; or
273 (ii) Section 53-3-231 .
274 (3) (a) Except as provided in Subsection (3)(c), the division may not grant a motorcycle
275 endorsement to a person who:
276 (i) has not been granted an original or provisional class D license, a CDL, or an
277 out-of-state equivalent to an original or provisional class D license or a CDL; and
278 (ii) if the person is under 19 years of age, has not held a motorcycle learner permit for
279 two months unless Subsection (3)(b) applies.
280 (b) The division may waive the two month motorcycle learner permit holding period
281 requirement under Subsection (3)(a)(ii) if the person proves to the satisfaction of the division

282 that the person has completed a motorcycle rider education program that meets the
283 requirements under Section 53-3-903 .
284 (c) The division may grant a motorcycle endorsement to a person under 19 years of age
285 who has not held a motorcycle learner permit for two months if the person was issued a
286 motorcycle endorsement or a class M license prior to July 1, 2008.
287 [(3)] (4) The division may grant a class D [or M] license to a person whose commercial
288 license is disqualified under Part 4, Uniform Commercial Driver License Act, if the person is not
289 otherwise sanctioned under this chapter.
290 Section 6. Section 53-3-205 is amended to read:
291 53-3-205. Application for license or endorsement -- Fee required -- Tests --
292 Expiration dates of licenses and endorsements -- Information required -- Previous licenses
293 surrendered -- Driving record transferred from other states -- Reinstatement -- Fee
294 required -- License agreement.
295 (1) An application for any original license, provisional license, or endorsement shall be:
296 (a) made upon a form furnished by the division; and
297 (b) accompanied by a nonrefundable fee set under Section 53-3-105 .
298 (2) An application and fee for an original provisional class D license or an original class
299 D license entitle the applicant to:
300 (a) not more than three attempts to pass both the knowledge and the skills tests for a
301 class D license within six months of the date of the application;
302 (b) a learner permit if needed pending completion of the application and testing process;
303 and
304 (c) an original class D license and license certificate after all tests are passed.
305 [(3) An application and fee for an original class M license entitle the applicant to:]
306 [(a) not more than three attempts to pass both the knowledge and skills tests for a class
307 M license within six months of the date of the application;]
308 [(b) a motorcycle learner permit if needed after the knowledge test is passed; and]
309 [(c) an original class M license and license certificate after all tests are passed.]

310 [(4)] (3) An application and fee for a motorcycle or taxicab endorsement entitle the
311 applicant to:
312 (a) not more than three attempts to pass both the knowledge and skills tests within six
313 months of the date of the application;
314 (b) a motorcycle learner permit [if needed] after the motorcycle knowledge test is
315 passed; and
316 (c) a motorcycle or taxicab endorsement when all tests are passed.
317 [(5)] (4) An application and fees for a commercial class A, B, or C license entitle the
318 applicant to:
319 (a) not more than two attempts to pass a knowledge test and not more than two
320 attempts to pass a skills test within six months of the date of the application;
321 (b) a commercial driver instruction permit if needed after the knowledge test is passed;
322 and
323 (c) an original commercial class A, B, or C license and license certificate when all
324 applicable tests are passed.
325 [(6)] (5) An application and fee for a CDL endorsement entitle the applicant to:
326 (a) not more than two attempts to pass a knowledge test and not more than two
327 attempts to pass a skills test within six months of the date of the application; and
328 (b) a CDL endorsement when all tests are passed.
329 [(7)] (6) If a CDL applicant does not pass a knowledge test, skills test, or an
330 endorsement test within the number of attempts provided in Subsection [(5)] (4) or [(6)] (5),
331 each test may be taken two additional times within the six months for the fee provided in
332 Section 53-3-105 .
333 [(8)] (7) (a) Except as provided under Subsections [(8)] (7)(f), (g), and (h), an original
334 license expires on the birth date of the applicant in the fifth year following the year the license
335 certificate was issued.
336 (b) Except as provided under Subsections [(8)] (7)(f), (g), [and] (h), and (i), a renewal
337 or an extension to a license expires on the birth date of the licensee in the fifth year following

338 the expiration date of the license certificate renewed or extended.
339 (c) Except as provided under Subsections [(8)] (7)(f) [and], (g), and (i), a duplicate
340 license expires on the same date as the last license certificate issued.
341 (d) An endorsement to a license expires on the same date as the license certificate
342 regardless of the date the endorsement was granted.
343 (e) A license and any endorsement to the license held by a person ordered to active duty
344 and stationed outside Utah in any of the armed forces of the United States, which expires during
345 the time period the person is stationed outside of the state, is valid until 90 days after the person
346 has been discharged or has left the service, unless:
347 (i) the license is suspended, disqualified, denied, or has been cancelled or revoked by
348 the division; or
349 (ii) the licensee updates the information or photograph on the license certificate.
350 (f) An original license or a renewal to an original license obtained using proof under
351 Subsection [(9)] (8)(a)(i)(E)(III) expires on the date of the expiration of the applicant's foreign
352 visa, permit, or other document granting legal presence in the United States or on the date