H.B. 72

1

MOTORCYCLE LICENSE AND ENDORSEMENT
2 AMENDMENTS
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Paul A. Neuenschwander
6 Senate Sponsor: ____________
7
8 LONG TITLE
9 Committee Note:
10 The Transportation Interim Committee recommended this bill.
11 General Description:
12 This bill modifies the Motor Vehicles Code and the Uniform Driver License Act by
13 amending provisions relating to motorcycle endorsements and class M licenses.
14 Highlighted Provisions:
15 This bill:
16 . repeals the class M license;
17 . expires all existing class M licenses on June 30, 2008;
18 . prohibits the Driver License Division from issuing a motorcycle endorsement to a
19 person who:
20 . does not hold an original or provisional class D license, a CDL, or an
21 out-of-state equivalent; and
22 . if the person is under 19 years of age, has not held a learner permit for two
23 months and, beginning on July 1, 2009, has not completed a motorcycle rider
24 education program;
25 . creates the motorcycle learner permit;
26 . provides that a motorcycle learner permit entitles the holder of the permit to operate
27 a motorcycle subject to certain restrictions;

28 . grants the division rulemaking authority to implement rules for the issuance of a
29 motorcycle learner permit and the proof requirements for demonstrating that an
30 applicant has completed a motorcycle rider education program;
31 . requires an applicant to state whether the applicant has had a license suspended,
32 cancelled, revoked, disqualified, or denied in the last ten, rather than six, years; and
33 . makes technical changes.
34 Monies Appropriated in this Bill:
35 None
36 Other Special Clauses:
37 This bill takes effect July 1, 2008.
38 Utah Code Sections Affected:
39 AMENDS:
40 41-6a-521, as last amended by Laws of Utah 2007, Chapter 261
41 53-3-105, as last amended by Laws of Utah 2007, Chapters 53, 261, and 296
42 53-3-106, as last amended by Laws of Utah 2007, Chapter 261
43 53-3-204, as last amended by Laws of Utah 2006, Chapters 46, 201, and 293
44 53-3-205, as last amended by Laws of Utah 2007, Chapters 60 and 173
45 53-3-207, as last amended by Laws of Utah 2007, Chapters 60 and 329
46 53-3-214, as last amended by Laws of Utah 2006, Chapter 189
47 53-3-216, as last amended by Laws of Utah 2006, Chapter 189
48 53-3-223, as last amended by Laws of Utah 2007, Chapter 261
49 53-3-231, as last amended by Laws of Utah 2007, Chapter 261
50 53-3-407, as last amended by Laws of Utah 2006, Chapter 293
51 53-3-905, as last amended by Laws of Utah 1994, Chapter 12
52 ENACTS:
53 53-3-210.6, Utah Code Annotated 1953
54
55 Be it enacted by the Legislature of the state of Utah:
56 Section 1. Section 41-6a-521 is amended to read:
57 41-6a-521. Revocation hearing for refusal -- Appeal.
58 (1) (a) A person who has been notified of the Driver License Division's intention to

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

90 (b) The Driver License Division shall pay witness fees and mileage from the
91 Transportation Fund in accordance with the rates established in Section 78-46-28 .
92 (5) (a) If after a hearing, the Driver License Division determines that the person was
93 requested to submit to a chemical test or tests and refused to submit to the test or tests, or if the
94 person fails to appear before the Driver License Division as required in the notice, the Driver
95 License Division shall revoke the person's license or permit to operate a motor vehicle in Utah
96 beginning on the date the hearing is held for a period of:
97 (i) 18 months unless Subsection (5)(a)(ii) applies; or
98 (ii) 24 months if the person has had a previous:
99 (A) license sanction for an offense that occurred within the previous ten years from the
100 date of arrest under Section 41-6a-517 , 41-6a-520 , 41-6a-530 , 53-3-223 , 53-3-231 , or
101 53-3-232 ; or
102 (B) conviction for an offense that occurred within the previous ten years from the date
103 of arrest under Section 41-6a-502 or a statute previously in effect in this state that would
104 constitute a violation of Section 41-6a-502 .
105 (b) The Driver License Division shall also assess against the person, in addition to any
106 fee imposed under Subsection 53-3-205 [(13)](12), a fee under Section 53-3-105 , which shall
107 be paid before the person's driving privilege is reinstated, to cover administrative costs.
108 (c) The fee shall be cancelled if the person obtains an unappealed court decision
109 following a proceeding allowed under Subsection (2) that the revocation was improper.
110 (6) (a) Any person whose license has been revoked by the Driver License Division
111 under this section following an administrative hearing may seek judicial review.
112 (b) Judicial review of an informal adjudicative proceeding is a trial.
113 (c) Venue is in the district court in the county in which the offense occurred.
114 Section 2. Section 53-3-105 is amended to read:
115 53-3-105. Fees for licenses, renewals, extensions, reinstatements, rescheduling,
116 and identification cards.
117 The following fees apply under this chapter:
118 (1) An original class D license application under Section 53-3-205 is $25.
119 [(2) An original class M license application under Section 53-3-205 is $27.50.]
120 [(3)] (2) An original provisional license application for a class D license under Section

121 53-3-205 is $30.
122 [(4) An original provisional license application for a class M license under Section
123 53-3-205 is $32.50.]
124 [(5)] (3) An original application for a motorcycle endorsement under Section 53-3-205
125 is $9.50.
126 [(6)] (4) An original application for a taxicab endorsement under Section 53-3-205 is
127 $7.
128 [(7)] (5) A learner permit application under Section 53-3-210.5 is $15.
129 [(8)] (6) A renewal of a class D license under Section 53-3-214 is $25 unless
130 Subsection [(14)] (10) applies.
131 [(9) A renewal of a class M license under Section 53-3-214 is $27.50.]
132 [(10)] (7) A renewal of a provisional license application for a class D license under
133 Section 53-3-214 is $25.
134 [(11) A renewal of a provisional license application for a class M license under Section
135 53-3-214 is $27.50.]
136 [(12)] (8) A renewal of a motorcycle endorsement under Section 53-3-214 is $9.50.
137 [(13)] (9) A renewal of a taxicab endorsement under Section 53-3-214 is $7.
138 [(14)] (10) A renewal of a class D license for a person 65 and older under Section
139 53-3-214 is $13.
140 [(15)] (11) An extension of a class D license under Section 53-3-214 is $20 unless
141 Subsection [(21)] (15) applies.
142 [(16) An extension of a class M license under Section 53-3-214 is $22.50.]
143 [(17)] (12) An extension of a provisional license application for a class D license under
144 Section 53-3-214 is $20.
145 [(18) An extension of a provisional license application for a class M license under
146 Section 53-3-214 is $22.50.]
147 [(19)] (13) An extension of a motorcycle endorsement under Section 53-3-214 is
148 $9.50.
149 [(20)] (14) An extension of a taxicab endorsement under Section 53-3-214 is $7.
150 [(21)] (15) An extension of a class D license for a person 65 and older under Section
151 53-3-214 is $11.

152 [(22)] (16) An original or renewal application for a commercial class A, B, or C license
153 or an original or renewal of a provisional commercial class A or B license under Part 4,
154 Uniform Commercial Driver License Act, is:
155 (a) $40 for the knowledge test; and
156 (b) $60 for the skills test.
157 [(23)] (17) Each original CDL endorsement for passengers, hazardous material, double
158 or triple trailers, or tankers is $7.
159 [(24)] (18) An original CDL endorsement for a school bus under Part 4, Uniform
160 Commercial Driver License Act, is $7.
161 [(25)] (19) A renewal of a CDL endorsement under Part 4, Uniform Commercial
162 Driver License Act, is $7.
163 [(26)] (20) (a) A retake of a CDL knowledge test provided for in Section 53-3-205 is
164 $20.
165 (b) A retake of a CDL skills test provided for in Section 53-3-205 is $40.
166 [(27)] (21) A retake of a CDL endorsement test provided for in Section 53-3-205 is $7.
167 [(28)] (22) A duplicate class A, B, C, or D, [or M] license certificate under Section
168 53-3-215 is $18.
169 [(29)] (23) (a) A license reinstatement application under Section 53-3-205 is $30.
170 (b) A license reinstatement application under Section 53-3-205 for an alcohol, drug, or
171 combination of alcohol and any drug-related offense is $35 in addition to the fee under
172 Subsection [(29)] (23)(a).
173 [(30)] (24) (a) An administrative fee for license reinstatement after an alcohol, drug, or
174 combination of alcohol and any drug-related offense under Section 41-6a-520 , 53-3-223 , or
175 53-3-231 or an alcohol, drug, or combination of alcohol and any drug-related offense under
176 Part 4, Uniform Commercial Driver License Act, is $170.
177 (b) This administrative fee is in addition to the fees under Subsection [(29)] (23).
178 [(31)] (25) (a) An administrative fee for providing the driving record of a driver under
179 Section 53-3-104 or 53-3-420 is $6.
180 (b) The division may not charge for a report furnished under Section 53-3-104 to a
181 municipal, county, state, or federal agency.
182 [(32)] (26) A rescheduling fee under Section 53-3-205 or 53-3-407 is $25.

183 [(33)] (27) (a) Except as provided under Subsection [(34)] (27)(b), an identification
184 card application under Section 53-3-808 is $18.
185 [(34)] (b) An identification card application under Section 53-3-808 for a person with a
186 disability, as defined in 42 U.S.C. Sec. 12102, is $13.
187 Section 3. Section 53-3-106 is amended to read:
188 53-3-106. Disposition of revenues under this chapter -- Restricted account created
189 -- Uses as provided by appropriation -- Nonlapsing.
190 (1) There is created within the Transportation Fund a restricted account known as the
191 "Department of Public Safety Restricted Account."
192 (2) The account consists of monies generated from the following revenue sources:
193 (a) all monies received under this chapter;
194 (b) administrative fees received according to the fee schedule authorized under this
195 chapter and Section 63-38-3.2 ; and
196 (c) any appropriations made to the account by the Legislature.
197 (3) (a) The account shall earn interest.
198 (b) All interest earned on account monies shall be deposited in the account.
199 (4) The expenses of the department in carrying out this chapter shall be provided for by
200 legislative appropriation from this account.
201 (5) The amount in excess of $45 of the fees collected under Subsection
202 53-3-105 [(30)](24) shall be appropriated by the Legislature from this account to the department
203 to implement the provisions of Section 53-1-117 , except that of the amount in excess of $45,
204 $40 shall be deposited in the State Laboratory Drug Testing [restricted] Account created in
205 Section 26-1-34 .
206 (6) All monies received under Subsection 41-6a-1406 (6)(b)(ii) shall be appropriated by
207 the Legislature from this account to the department to implement the provisions of Section
208 53-1-117 .
209 (7) Appropriations to the department from the account are nonlapsing.
210 Section 4. Section 53-3-204 is amended to read:
211 53-3-204. Persons who may not be licensed.
212 (1) (a) The division may not license a person who:
213 (i) is younger than 16 years of age;

214 (ii) has not completed a course in driver training approved by the commissioner;
215 (iii) if the person is a minor, has not completed the driving requirement under Section
216 53-3-211 ;
217 (iv) is not a resident of the state, unless the person is issued a temporary CDL under
218 Subsection 53-3-407 (2)(b); or
219 (v) if the person is 17 years of age or younger, has not held a learner permit issued
220 under Section 53-3-210.5 for six months.
221 (b) Subsections (1)(a)(i), (ii), and (iii) do not apply to a person:
222 (i) who has been licensed before July 1, 1967; or
223 (ii) who is 16 years of age or older making application for a license who has been
224 licensed in another state or country[; or].
225 [(iii) who is applying for a permit under Section 53-3-210 or 53A-13-208 .]
226 [(c) Subsection (1)(a)(v) does not apply to a person applying for a provisional class D
227 license certificate before February 1, 2007 if the person has been issued a temporary learner
228 permit or practice permit under Section 53-3-210 .]
229 (2) The division may not issue a license certificate to a person:
230 (a) whose license has been suspended, denied, cancelled, or disqualified during the
231 period of suspension, denial, cancellation, or disqualification;
232 (b) whose privilege has been revoked, except as provided in Section 53-3-225 ;
233 (c) who has previously been adjudged mentally incompetent and who has not at the
234 time of application been restored to competency as provided by law;
235 (d) who is required by this chapter to take an examination unless the person
236 successfully passes the examination; or
237 (e) whose driving privileges have been denied or suspended under:
238 (i) Section 78-3a-506 by an order of the juvenile court; or
239 (ii) Section 53-3-231 .
240 (3) (a) Except as provided in Subsection (3)(b), the division may not grant a
241 motorcycle endorsement to a person who:
242 (i) has not been granted an original or provisional class D license, a CDL, or an
243 out-of-state equivalent to an original or provisional class D license or a CDL; or
244 (ii) if the person is under 19 years of age:

245 (A) has not held a motorcycle learner permit for two months; and
246 (B) beginning on July 1, 2009, has not completed a motorcycle rider education
247 program that meets the requirements under Section 53-3-903 .
248 (b) The division may grant a motorcycle endorsement to a person who has not held a
249 motorcycle learner permit for two months if the person was issued a motorcycle endorsement
250 or a class M license prior to July 1, 2008.
251 [(3)] (4) The division may grant a class D [or M] license to a person whose commercial
252 license is disqualified under Part 4, Uniform Commercial Driver License Act, if the person is
253 not otherwise sanctioned under this chapter.
254 Section 5. Section 53-3-205 is amended to read:
255 53-3-205. Application for license or endorsement -- Fee required -- Tests --
256 Expiration dates of licenses and endorsements -- Information required -- Previous
257 licenses surrendered -- Driving record transferred from other states -- Reinstatement --
258 Fee required -- License agreement.
259 (1) An application for any original license, provisional license, or endorsement shall
260 be:
261 (a) made upon a form furnished by the division; and
262 (b) accompanied by a nonrefundable fee set under Section 53-3-105 .
263 (2) An application and fee for an original provisional class D license or an original
264 class D license entitle the applicant to:
265 (a) not more than three attempts to pass both the knowledge and the skills tests for a
266 class D license within six months of the date of the application;
267 (b) a learner permit if needed pending completion of the application and testing
268 process; and
269 (c) an original class D license and license certificate after all tests are passed.
270 [(3) An application and fee for an original class M license entitle the applicant to:]
271 [(a) not more than three attempts to pass both the knowledge and skills tests for a class
272 M license within six months of the date of the application;]
273 [(b) a motorcycle learner permit if needed after the knowledge test is passed; and]
274 [(c) an original class M license and license certificate after all tests are passed.]
275 [(4)] (3) An application and fee for a motorcycle or taxicab endorsement entitle the

276 applicant to:
277 (a) not more than three attempts to pass both the knowledge and skills tests within six
278 months of the date of the application;
279 (b) a motorcycle learner permit [if needed] after the motorcycle knowledge test is
280 passed; and
281 (c) a motorcycle or taxicab endorsement when all tests are passed.
282 [(5)] (4) An application and fees for a commercial class A, B, or C license entitle the
283 applicant to:
284 (a) not more than two attempts to pass a knowledge test and not more than two
285 attempts to pass a skills test within six months of the date of the application;
286 (b) a commercial driver instruction permit if needed after the knowledge test is passed;
287 and
288 (c) an original commercial class A, B, or C license and license certificate when all
289 applicable tests are passed.
290 [(6)] (5) An application and fee for a CDL endorsement entitle the applicant to:
291 (a) not more than two attempts to pass a knowledge test and not more than two
292 attempts to pass a skills test within six months of the date of the application; and
293 (b) a CDL endorsement when all tests are passed.
294 [(7)] (6) If a CDL applicant does not pass a knowledge test, skills test, or an
295 endorsement test within the number of attempts provided in Subsection [(5)] (4) or [(6)] (5),
296 each test may be taken two additional times within the six months for the fee provided in
297 Section 53-3-105 .
298 [(8)] (7) (a) Except as provided under Subsections [(8)] (7)(f), (g), and (h), an original
299 license expires on the birth date of the applicant in the fifth year following the year the license
300 certificate was issued.
301 (b) Except as provided under Subsections [(8)] (7)(f), (g), [and] (h), and (i), a renewal
302 or an extension to a license expires on the birth date of the licensee in the fifth year following
303 the expiration date of the license certificate renewed or extended.
304 (c) Except as provided under Subsections [(8)] (7)(f) [and], (g), and (i), a duplicate
305 license expires on the same date as the last license certificate issued.
306 (d) An endorsement to a license expires on the same date as the license certificate

307 regardless of the date the endorsement was granted.
308 (e) A license and any endorsement to the license held by a person ordered to active
309 duty and stationed outside Utah in any of the armed forces of the United States, which expires
310 during the time period the person is stationed outside of the state, is valid until 90 days after the
311 person has been discharged or has left the service, unless:
312 (i) the license is suspended, disqualified, denied, or has been cancelled or revoked by
313 the division; or
314 (ii) the licensee updates the information or photograph on the license certificate.
315 (f) An original license or a renewal to an original license obtained using proof under
316 Subsection [(9)] (8)(a)(i)(E)(III) expires on the date of the expiration of the applicant's foreign
317 visa, permit, or other document granting legal presence in the United States or on the date
318 provided under this Subsection [(8)] (7), whichever is sooner.
319 (g) (i) An original license or a renewal or a duplicate to an original license expires on
320 the next birth date of the applicant or licensee beginning on July 1, 2005 if:
321 (A) the license was obtained without using a Social Security number as required under
322 Subsection [(9)] (8); and
323 (B) the license certificate or driving privilege card is not clearly distinguished as
324 required under Subsection 53-3-207 (6).
325 (ii) A driving privilege card issued or renewed under Section 53-3-207 expires on the
326 birth date of the applicant in the first year following the year that the driving privilege card was
327 issued or renewed.
328 (iii) The expiration dates provided under Subsections [(8)] (7)(g)(i) and (ii) do not
329 apply to an original license or driving privilege card or to the renewal of an original license or
330 driving privilege card with an expiration date provided under Subsection [(8)] (7)(f).
331 (h) An original license or a renewal to an original license expires on the birth date of
332 the applicant in the first year following the year that the license was issued if the applicant is
333 required to register as a sex offender under Section 77-27-21.5 .
334 (i) An original class M license or a renewal, duplicate, or extension to an original class
335 M license expires on June 30, 2008.
336 [(9)] (8) (a) In addition to the information required by Title 63, Chapter 46b,
337 Administrative Procedures Act, for requests for agency action, each applicant shall:

338 (i) provide the applicant's:
339 (A) full legal name;
340 (B) birth date;
341 (C) gender;
342 (D) between July 1, 2002 and July 1, 2007, race in accordance with the categories
343 established by the United States Census Bureau;
344 (E) (I) Social Security number;
345 (II) temporary identification number (ITIN) issued by the Internal Revenue Service for
346 a person who does not qualify for a Social Security number; or
347 (III) (Aa) proof that the applicant is a citizen of a country other than the United States;
348 (Bb) proof that the applicant does not qualify for a Social Security number; and
349 (Cc) proof of legal presence in the United States, as authorized under federal law; and
350 (F) Utah residence address as documented by a form acceptable under rules made by
351 the division under Section 53-3-104 , unless the application is for a temporary CDL issued
352 under Subsection 53-3-407 (2)(b);
353 (ii) provide a description of the applicant;
354 (iii) state whether the applicant has previously been licensed to drive a motor vehicle
355 and, if so, when and by what state or country;