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;
356 (iv) state whether the applicant has ever had any license suspended, cancelled, revoked,
357 disqualified, or denied in the last [six] ten years, or whether the applicant has ever had any
358 license application refused, and if so, the date of and reason for the suspension, cancellation,
359 revocation, disqualification, denial, or refusal;
360 (v) state whether the applicant intends to make an anatomical gift under Title 26,
361 Chapter 28, Revised Uniform Anatomical Gift Act, in compliance with Subsection [(16)] (15);
362 (vi) state whether the applicant is required to register as a sex offender under Section
363 77-27-21.5 ;
364 (vii) state whether the applicant is a military veteran and does or does not authorize
365 sharing the information with the state Department of Veterans' Affairs;
366 (viii) provide all other information the division requires; and
367 (ix) sign the application which signature may include an electronic signature as defined
368 in Section 46-4-102 .

369 (b) Each applicant shall have a Utah residence address, unless the application is for a
370 temporary CDL issued under Subsection 53-3-407 (2)(b).
371 (c) The division shall maintain on its computerized records an applicant's:
372 (i) (A) Social Security number;
373 (B) temporary identification number (ITIN); or
374 (C) other number assigned by the division if Subsection [(9)] (8)(a)(i)(E)(III) applies;
375 and
376 (ii) indication whether the applicant is required to register as a sex offender under
377 Section 77-27-21.5 .
378 (d) An applicant may not be denied a license for refusing to provide race information
379 required under Subsection [(9)] (8)(a)(i)(D).
380 [(10)] (9) The division shall require proof of every applicant's name, birthdate, and
381 birthplace by at least one of the following means:
382 (a) current license certificate;
383 (b) birth certificate;
384 (c) Selective Service registration; or
385 (d) other proof, including church records, family Bible notations, school records, or
386 other evidence considered acceptable by the division.
387 [(11)] (10) When an applicant receives a license in another class, all previous license
388 certificates shall be surrendered and canceled. However, a disqualified commercial license may
389 not be canceled unless it expires before the new license certificate is issued.
390 [(12)] (11) (a) When an application is received from a person previously licensed in
391 another state to drive a motor vehicle, the division shall request a copy of the driver's record
392 from the other state.
393 (b) When received, the driver's record becomes part of the driver's record in this state
394 with the same effect as though entered originally on the driver's record in this state.
395 [(13)] (12) An application for reinstatement of a license after the suspension,
396 cancellation, disqualification, denial, or revocation of a previous license shall be accompanied
397 by the additional fee or fees specified in Section 53-3-105 .
398 [(14)] (13) A person who has an appointment with the division for testing and fails to
399 keep the appointment or to cancel at least 48 hours in advance of the appointment shall pay the

400 fee under Section 53-3-105 .
401 [(15)] (14) A person who applies for an original license or renewal of a license agrees
402 that the person's license is subject to any suspension or revocation authorized under this title or
403 Title 41, Motor Vehicles.
404 [(16)] (15) (a) The indication of intent under Subsection [(9)] (8)(a)(v) shall be
405 authenticated by the licensee in accordance with division rule.
406 (b) (i) Notwithstanding Title 63, Chapter 2, Government Records Access and
407 Management Act, the division may, upon request, release to an organ procurement
408 organization, as defined in Section 26-28-102 , the names and addresses of all persons who
409 under Subsection [(9)] (8)(a)(v) indicate that they intend to make an anatomical gift.
410 (ii) An organ procurement organization may use released information only to:
411 (A) obtain additional information for an anatomical gift registry; and
412 (B) inform licensees of anatomical gift options, procedures, and benefits.
413 [(17)] (16) Notwithstanding Title 63, Chapter 2, Government Records Access and
414 Management Act, the division may release to the Department of Veterans' Affairs the names
415 and addresses of all persons who indicate their status as a veteran under Subsection [(9)]
416 (8)(a)(vii).
417 [(18)] (17) The division and its employees are not liable, as a result of false or
418 inaccurate information provided under Subsection [(9)] (8)(a)(v) or (vii), for direct or indirect:
419 (a) loss;
420 (b) detriment; or
421 (c) injury.
422 [(19)] (18) A person who knowingly fails to provide the information required under
423 Subsection [(9)] (8)(a)(vi) is guilty of a class A misdemeanor.
424 Section 6. Section 53-3-207 is amended to read:
425 53-3-207. License certificates or driving privilege cards issued to drivers by class
426 of motor vehicle -- Contents -- Release of anatomical gift information -- Temporary
427 licenses or driving privilege cards -- Minors' licenses, cards, and permits -- Violation.
428 (1) As used in this section:
429 (a) "driving privilege" means the privilege granted under this chapter to drive a motor
430 vehicle;

431 (b) "driving privilege card" means the evidence of the privilege granted and issued
432 under this chapter to drive a motor vehicle;
433 (c) "governmental entity" means the state and its political subdivisions as defined in
434 this Subsection (1);
435 (d) "political subdivision" means any county, city, town, school district, public transit
436 district, community development and renewal agency, special improvement or taxing district,
437 local district, special service district, an entity created by an interlocal agreement adopted under
438 Title 11, Chapter 13, Interlocal Cooperation Act, or other governmental subdivision or public
439 corporation; and
440 (e) "state" means this state, and includes any office, department, agency, authority,
441 commission, board, institution, hospital, college, university, children's justice center, or other
442 instrumentality of the state.
443 (2) (a) The division shall issue to every person privileged to drive a motor vehicle, a
444 license certificate or a driving privilege card indicating the type or class of motor vehicle the
445 person may drive.
446 (b) A person may not drive a class of motor vehicle unless granted the privilege in that
447 class.
448 (3) (a) Every license certificate or driving privilege card shall bear:
449 (i) the distinguishing number assigned to the person by the division;
450 (ii) the name, birth date, and Utah residence address of the person;
451 (iii) a brief description of the person for the purpose of identification;
452 (iv) any restrictions imposed on the license under Section 53-3-208 ;
453 (v) a photograph of the person;
454 (vi) a photograph or other facsimile of the person's signature; and
455 (vii) an indication whether the person intends to make an anatomical gift under Title
456 26, Chapter 28, Revised Uniform Anatomical Gift Act, unless the driving privilege is extended
457 under Subsection 53-3-214 (3).
458 (b) A new license certificate issued by the division may not bear the person's Social
459 Security number.
460 (c) (i) The license certificate or driving privilege card shall be of an impervious
461 material, resistant to wear, damage, and alteration.

462 (ii) Except as provided under Subsection (4)(b), the size, form, and color of the license
463 certificate or driving privilege card shall be as prescribed by the commissioner.
464 (iii) The commissioner may also prescribe the issuance of a special type of limited
465 license certificate or driving privilege card under Subsection 53-3-220 (4) and may authorize
466 the issuance of a renewed or duplicate license certificate or driving privilege card without a
467 picture if the applicant is not then living in the state.
468 (4) (a) (i) The division upon determining after an examination that an applicant is
469 mentally and physically qualified to be granted a driving privilege may issue to an applicant a
470 receipt for the fee.
471 (ii) The receipt serves as a temporary license certificate or temporary driving privilege
472 card allowing the person to drive a motor vehicle while the division is completing its
473 investigation to determine whether the person is entitled to be granted a driving privilege.
474 (b) The receipt shall be in the person's immediate possession while driving a motor
475 vehicle, and it is invalid when the person's license certificate or driving privilege card has been
476 issued or when, for good cause, the privilege has been refused.
477 (c) The division shall indicate on the receipt a date after which it is not valid as a
478 license certificate or driving privilege card.
479 (5) (a) The division shall distinguish learner permits, temporary permits, license
480 certificates, and driving privilege cards issued to any person younger than 21 years of age by
481 use of plainly printed information or the use of a color or other means not used for other license
482 certificates or driving privilege cards.
483 (b) The division shall distinguish a license certificate or driving privilege card issued to
484 any person:
485 (i) younger than 21 years of age by use of a portrait-style format not used for other
486 license certificates or driving privilege cards and by plainly printing the date the license
487 certificate or driving privilege card holder is 21 years of age, which is the legal age for
488 purchasing an alcoholic beverage or product under Section 32A-12-203 ; and
489 (ii) younger than 19 years of age, by plainly printing the date the license certificate or
490 driving privilege card holder is 19 years of age, which is the legal age for purchasing tobacco
491 products under Section 76-10-104 .
492 (6) (a) The division shall only issue a driving privilege card to a person whose privilege

493 was obtained without using a Social Security number as required under Subsection
494 53-3-205 [(9)](8).
495 (b) The division shall distinguish a driving privilege card from a license certificate by:
496 (i) use of a format, color, font, or other means; and
497 (ii) clearly displaying on the front of the driving privilege card a phrase substantially
498 similar to "FOR DRIVING PRIVILEGES ONLY -- NOT VALID FOR IDENTIFICATION".
499 (7) The provisions of Subsection (5)(b) do not apply to a learner permit, temporary
500 permit, or any other temporary permit or receipt issued by the division.
501 (8) The division shall issue temporary license certificates or temporary driving
502 privilege cards of the same nature, except as to duration, as the license certificates or driving
503 privilege cards that they temporarily replace, as are necessary to implement applicable
504 provisions of this section and Section 53-3-223 .
505 (9) A governmental entity may not accept a driving privilege card as proof of personal
506 identification.
507 (10) A person who violates Subsection (2)(b) is guilty of a class C misdemeanor.
508 (11) Except as provided under this section, the provisions, requirements, classes,
509 endorsements, fees, restrictions, and sanctions under this code apply to a:
510 (a) driving privilege in the same way as a license issued under this chapter; and
511 (b) driving privilege card in the same way as a license certificate issued under this
512 chapter.
513 Section 7. Section 53-3-210.6 is enacted to read:
514 53-3-210.6. Motorcycle learner permit.
515 (1) The division, upon receiving an application for a motorcycle learner permit, may
516 issue a motorcycle learner permit effective for six months to an applicant who:
517 (a) holds an original or provisional class D license, a CDL, or an out-of-state
518 equivalent of an original or provisional class D license or a CDL;
519 (b) has passed the motorcycle knowledge test; and
520 (c) beginning on July 1, 2009 and if the applicant is under 19 years of age, has
521 completed a motorcycle rider education program that meets the requirements under Section
522 53-3-903 .
523 (2) A motorcycle learner permit entitles an applicant to operate a motorcycle on a

524 highway subject to the restrictions in Subsection (3).
525 (3) (a) For the first two months from the date a motorcycle learner permit is issued, the
526 operator of a motorcycle holding the motorcycle learner permit may not operate a motorcycle:
527 (i) on a highway with a posted speed limit of more than 60 miles per hour;
528 (ii) with any passengers; or
529 (iii) during the nighttime hours after 10 p.m. and before 6 a.m.
530 (b) For the third through sixth months from the date a motorcycle learner permit is
531 issued to a person who is under 19 years of age, the operator of a motorcycle holding the
532 motorcycle learner permit may operate a motorcycle without any restrictions imposed under
533 this Subsection (3).
534 (4) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
535 division shall make rules governing the issuance of a motorcycle learner permit and
536 establishing the proof requirements for an applicant to demonstrate that the applicant has
537 completed a motorcycle rider education program.
538 Section 8. Section 53-3-214 is amended to read:
539 53-3-214. Renewal -- Fees required -- Extension without examination.
540 (1) (a) The holder of a valid license may renew his license and any endorsement to the
541 license by applying:
542 (i) at any time within six months before the license expires; or
543 (ii) more than six months prior to the expiration date if the applicant furnishes proof
544 that he will be absent from the state during the six-month period prior to the expiration of the
545 license.
546 (b) The application for a renewal of, extension of, or any endorsement to a license shall
547 be accompanied by a fee under Section 53-3-105 .
548 (2) (a) Except as provided under Subsections (2)(b) and (3), upon application for
549 renewal of a license, provisional license, and any endorsement to a license, the division shall
550 reexamine each applicant as if for an original license and endorsement to the license, if
551 applicable.
552 (b) The division may waive any or all portions of the test designed to demonstrate the
553 applicant's ability to exercise ordinary and reasonable control driving a motor vehicle.
554 (3) (a) Except as provided under Subsection (3)(b), the division shall extend a license,

555 any endorsement to the license, a provisional license, and any endorsement to a provisional
556 license for five years without examination for licensees whose driving records for the five years
557 immediately preceding the determination of eligibility for extension show:
558 (i) no suspensions;
559 (ii) no revocations;
560 (iii) no conviction for reckless driving under Section 41-6a-528 ; and
561 (iv) no more than four reportable violations in the preceding five years.
562 (b) (i) After the expiration of a license, a new license certificate and any endorsement
563 to a license certificate may not be issued until the person has again passed the tests under
564 Section 53-3-206 and paid the required fee.
565 (ii) A person 65 years of age or older shall take and pass the eye examination specified
566 in Section 53-3-206 .
567 (iii) An extension may not be granted to any person:
568 (A) who is identified by the division as having a medical impairment that may
569 represent a hazard to public safety;
570 (B) holding a CDL issued under Part 4, Uniform Commercial Driver License Act;
571 (C) whose original license was obtained using proof under Subsection
572 53-3-205 [(9)](8)(a)(i)(E)(III); or
573 (D) whose original license was issued with an expiration date under Subsection
574 53-3-205 [(8)](7)(h).
575 (c) The division shall allow extensions:
576 (i) by mail at the appropriate extension fee rate under Section 53-3-105 ;
577 (ii) only if the applicant qualifies under this section; and
578 (iii) for only one extension.
579 Section 9. Section 53-3-216 is amended to read:
580 53-3-216. Change of address -- Duty of licensee to notify division within ten days
581 -- Change of name -- Proof necessary -- Method of giving notice by division.
582 (1) If a person, after applying for or receiving a license, moves from the address named
583 in the application or in the license certificate issued to him, the person shall within ten days of
584 moving, notify the division in a manner specified by the division of his new address and the
585 number of any license certificate held by him.

586 (2) If a person requests to change the surname on the applicant's license, the division
587 shall issue a substitute license with the new name upon receiving an application and fee for a
588 duplicate license and any of the following proofs of the applicant's full legal name:
589 (a) an original or certified copy of the applicant's marriage certificate;
590 (b) a certified copy of a court order under Title 42, Chapter 1, Change of Name,
591 showing the name change;
592 (c) an original or certified copy of a birth certificate issued by a government agency;
593 (d) a certified copy of a divorce decree or annulment granted the applicant that
594 specifies the name change requested; or
595 (e) a certified copy of a divorce decree that does not specify the name change requested
596 together with:
597 (i) an original or certified copy of the applicant's birth certificate;
598 (ii) the applicant's marriage license;
599 (iii) a driver license record showing use of a maiden name; or
600 (iv) other documentation the division finds acceptable.
601 (3) (a) Except as provided in Subsection (3)(c), if a person has applied for and received
602 a license certificate and is currently required to register as a sex offender under Section
603 77-27-21.5 :
604 (i) the person's original license or renewal to an original license expires on the next
605 birth date of the licensee beginning on July 1, 2006;
606 (ii) the person shall surrender the person's license to the division on or before the
607 licensee's next birth date beginning on July 1, 2006; and
608 (iii) the person may apply for a license certificate with an expiration date identified in
609 Subsection 53-3-205 [(8)](7)(h) by:
610 (A) furnishing proper documentation to the division as provided in Section 53-3-205 ;
611 and
612 (B) paying the fee for a license required under Section 53-3-105 .
613 (b) Except as provided in Subsection (3)(c), if a person has applied for and received a
614 license certificate and is subsequently convicted of any offense listed in Subsection
615 77-27-21.5 (1)(f), the person shall surrender the license certificate to the division on the
616 person's next birth date following the conviction and may apply for a license certificate with an

617 expiration date identified in Subsection 53-3-205 [(8)](7)(h) by:
618 (i) furnishing proper documentation to the division as provided in Section 53-3-205 ;
619 and
620 (ii) paying the fee for a license required under Section 53-3-105 .
621 (c) A person who is unable to comply with the provisions of Subsection (3)(a) or (3)(b)
622 because the person is in the custody of the Department of Corrections or the Division of
623 Juvenile Justice Services, confined in a correctional facility not operated by or under contract
624 with the Department of Corrections, or committed to a state mental facility, shall comply with
625 the provisions of Subsection (3)(a) or (b) within ten days of being released from confinement.
626 (4) (a) If the division is authorized or required to give any notice under this chapter or
627 other law regulating the operation of vehicles, the notice shall, unless otherwise prescribed, be
628 given by:
629 (i) personal delivery to the person to be notified; or
630 (ii) deposit in the United States mail with postage prepaid, addressed to the person at
631 his address as shown by the records of the division.
632 (b) The giving of notice by mail is complete upon the expiration of four days after the
633 deposit of the notice.
634 (c) Proof of the giving of notice in either manner may be made by the certificate of any
635 officer or employee of the division or affidavit of any person older than 18 years of age,
636 naming the person to whom the notice was given and specifying the time, place, and manner of
637 giving the notice.
638 (5) The division may use state mailing or United States Postal Service information to:
639 (a) verify an address on an application or on records of the division; and
640 (b) correct mailing addresses in the division's records.
641 (6) (a) A violation of the provisions of Subsection (1) is an infraction.
642 (b) A person who knowingly fails to surrender a license certificate under Subsection
643 (3) is guilty of a class A misdemeanor.
644 Section 10. Section 53-3-223 is amended to read:
645 53-3-223. Chemical test for driving under the influence -- Temporary license --
646 Hearing and decision -- Suspension and fee -- Judicial review.
647 (1) (a) If a peace officer has reasonable grounds to believe that a person may be

648 violating or has violated Section 41-6a-502 , prohibiting the operation of a vehicle with a
649 certain blood or breath alcohol concentration and driving under the influence of any drug,
650 alcohol, or combination of a drug and alcohol or while having any measurable controlled
651 substance or metabolite of a controlled substance in the person's body in violation of Section
652 41-6a-517 , the peace officer may, in connection with arresting the person, request that the
653 person submit to a chemical test or tests to be administered in compliance with the standards
654 under Section 41-6a-520 .
655 (b) In this section, a reference to Section 41-6a-502 includes any similar local
656 ordinance adopted in compliance with Subsection 41-6a-510 (1).
657 (2) The peace officer shall advise a person prior to the person's submission to a
658 chemical test that a test result indicating a violation of Section 41-6a-502 or 41-6a-517 shall,
659 and the existence of a blood alcohol content sufficient to render the person incapable of safely
660 driving a motor vehicle may, result in suspension or revocation of the person's license to drive
661 a motor vehicle.
662 (3) If the person submits to a chemical test and the test results indicate a blood or
663 breath alcohol content in violation of Section 41-6a-502 or 41-6a-517 , or if a peace officer
664 makes a determination, based on reasonable grounds, that the person is otherwise in violation
665 of Section 41-6a-502 , a peace officer shall, on behalf of the division and within 24 hours of
666 arrest, give notice of the division's intention to suspend the person's license to drive a motor
667 vehicle.
668 (4) (a) When a peace officer gives notice on behalf of the division, the peace officer
669 shall:
670 (i) take the Utah license certificate or permit, if any, of the driver;
671 (ii) issue a temporary license certificate effective for only 29 days from the date of
672 arrest; and
673 (iii) supply to the driver, in a manner specified by the division, basic information
674 regarding how to obtain a prompt hearing before the division.
675 (b) A citation issued by a peace officer may, if provided in a manner specified by the
676 division, also serve as the temporary license certificate.
677 (5) As a matter of procedure, a peace officer shall send to the division within ten
678 calendar days after the day on which notice is provided:

679 (a) the person's license certificate;
680 (b) a copy of the citation issued for the offense;
681 (c) a signed report in a manner specified by the division indicating the chemical test
682 results, if any; and
683 (d) any other basis for the peace officer's determination that the person has violated
684 Section 41-6a-502 or 41-6a-517 .
685 (6) (a) Upon request in a manner specified by the division, the division shall grant to
686 the person an opportunity to be heard within 29 days after the date of arrest. The request to be
687 heard shall be made within ten calendar days of the day on which notice is provided under
688 Subsection (5).
689 (b) (i) Except as provided in Subsection (6)(b)(ii), a hearing, if held, shall be before the
690 division in the county in which the arrest occurred.
691 (ii) The division may hold a hearing in some other county if the division and the person
692 both agree.
693 (c) The hearing shall be documented and shall cover the issues of:
694 (i) whether a peace officer had reasonable grounds to believe the person was driving a
695 motor vehicle in violation of Section 41-6a-502 or 41-6a-517 ;
696 (ii) whether the person refused to submit to the test; and
697 (iii) the test results, if any.
698 (d) (i) In connection with a hearing the division or its authorized agent:
699 (A) may administer oaths and may issue subpoenas for the attendance of witnesses and
700 the production of relevant books and papers; or
701 (B) may issue subpoenas for the attendance of necessary peace officers.
702 (ii) The division shall pay witness fees and mileage from the Transportation Fund in
703 accordance with the rates established in Section 78-46-28 .
704 (e) The division may designate one or more employees to conduct the hearing.
705 (f) Any decision made after a hearing before any designated employee is as valid as if
706 made by the division.
707 (7) (a) If, after a hearing, the division determines that a peace officer had reasonable
708 grounds to believe that the person was driving a motor vehicle in violation of Section
709 41-6a-502 or 41-6a-517 , if the person failed to appear before the division as required in the

710 notice, or if a hearing is not requested under this section, the division shall suspend the person's
711 license or permit to operate a motor vehicle for a period of:
712 (i) 90 days beginning on the 30th day after the date of arrest for a first suspension; or
713 (ii) one year beginning on the 30th day after the date of arrest for a second or
714 subsequent suspension for an offense that occurred within the previous ten years.
715 (b) (i) Notwithstanding the provisions in Subsection (7)(a)(i), the division shall
716 reinstate a person's license prior to completion of the 90 day suspension period imposed under
717 Subsection (7)(a)(i) if the person's charge for a violation of Section 41-6a-502 or 41-6a-517 is
718 reduced or dismissed prior to completion of the suspension period.
719 (ii) The division shall immediately reinstate a person's license upon receiving written
720 verification of the person's dismissal of a charge for a violation of Section 41-6a-502 or
721 41-6a-517 .
722 (iii) The division shall reinstate a person's license no sooner than 60 days beginning on
723 the 30th day after the date of arrest upon receiving written verification of the person's reduction
724 of a charge for a violation of Section 41-6a-502 or 41-6a-517 .
725 (iv) If a person's license is reinstated under this Subsection (7)(b), the person is
726 required to pay the license reinstatement fees under Subsections 53-3-105 [(29)] (23) and [(30)]
727 (24).
728 (8) (a) The division shall assess against a person, in addition to any fee imposed under
729 Subsection 53-3-205 [(13)](12) for driving under the influence, a fee under Section 53-3-105 to
730 cover administrative costs, which shall be paid before the person's driving privilege is
731 reinstated. This fee shall be cancelled if the person obtains an unappealed division hearing or
732 court decision that the suspension was not proper.
733 (b) A person whose license has been suspended by the division under this section
734 following an administrative hearing may file a petition within 30 days after the suspension for a
735 hearing on the matter which, if held, is governed by Section 53-3-224 .
736 Section 11. Section 53-3-231 is amended to read:
737 53-3-231. Person under 21 may not operate a vehicle or motorboat with
738 detectable alcohol in body -- Chemical test procedures -- Temporary license -- Hearing
739 and decision -- Suspension of license or operating privilege -- Fees -- Judicial review --
740 Referral to local substance abuse authority or program.

741 (1) (a) As used in this section:
742 (i) "Local substance abuse authority" has the same meaning as provided in Section
743 62A-15-102 .
744 (ii) "Substance abuse program" means any substance abuse program licensed by the
745 Department of Human Services or the Department of Health and approved by the local
746 substance abuse authority.
747 (b) Calculations of blood, breath, or urine alcohol concentration under this section shall
748 be made in accordance with the procedures in Subsection 41-6a-502 (1).
749 (2) (a) A person younger than 21 years of age may not operate or be in actual physical
750 control of a vehicle or motorboat with any measurable blood, breath, or urine alcohol
751 concentration in the person's body as shown by a chemical test.
752 (b) A person who violates Subsection (2)(a), in addition to any other applicable
753 penalties arising out of the incident, shall have the person's operator license denied or
754 suspended as provided in Subsection (8).
755 (3) (a) When a peace officer has reasonable grounds to believe that a person may be
756 violating or has violated Subsection (2), the peace officer may, in connection with arresting the
757 person for a violation of Section 32A-12-209 , request that the person submit to a chemical test
758 or tests to be administered in compliance with the standards under Section 41-6a-520 .
759 (b) The peace officer shall advise a person prior to the person's submission to a
760 chemical test that a test result indicating a violation of Subsection (2)(a) will result in denial or
761 suspension of the person's license to operate a motor vehicle or a refusal to issue a license.
762 (c) If the person submits to a chemical test and the test results indicate a blood, breath,
763 or urine alcohol content in violation of Subsection (2)(a), or if a peace officer makes a
764 determination, based on reasonable grounds, that the person is otherwise in violation of
765 Subsection (2)(a), a peace officer shall, on behalf of the division and within 24 hours of the
766 arrest, give notice of the division's intention to deny or suspend the person's license to operate a
767 vehicle or refusal to issue a license under this section.
768 (4) When a peace officer gives notice on behalf of the division, the peace officer shall:
769 (a) take the Utah license certificate or permit, if any, of the operator;
770 (b) issue a temporary license certificate effective for only 29 days from the date of
771 arrest if the driver had a valid operator's license; and

772 (c) supply to the operator, in a manner specified by the division, basic information
773 regarding how to obtain a prompt hearing before the division.
774 (5) A citation issued by a peace officer may, if provided in a manner specified by the
775 division, also serve as the temporary license certificate under Subsection (4)(b).
776 (6) As a matter of procedure, a peace officer shall send to the division within ten
777 calendar days after the day on which notice is provided:
778 (a) the person's driver license certificate, if any;
779 (b) a copy of the citation issued for the offense;
780 (c) a signed report in a manner specified by the Driver License Division indicating the
781 chemical test results, if any; and
782 (d) any other basis for a peace officer's determination that the person has violated
783 Subsection (2).
784 (7) (a) (i) Upon request in a manner specified by the division, the Driver License
785 Division shall grant to the person an opportunity to be heard within 29 days after the date of
786 arrest under Section 32A-12-209 .
787 (ii) The request shall be made within ten calendar days of the day on which notice is
788 provided.
789 (b) (i) Except as provided in Subsection (7)(b)(ii), a hearing, if held, shall be before the
790 division in the county in which the arrest occurred.
791 (ii) The division may hold a hearing in some other county if the division and the person
792 both agree.
793 (c) The hearing shall be documented and shall cover the issues of:
794 (i) whether a peace officer had reasonable grounds to believe the person was operating
795 a motor vehicle or motorboat in violation of Subsection (2)(a);
796 (ii) whether the person refused to submit to the test; and
797 (iii) the test results, if any.
798 (d) In connection with a hearing, the division or its authorized agent may administer
799 oaths and may issue subpoenas for the attendance of witnesses and the production of relevant
800 books and papers and records as defined in Section 46-4-102 .
801 (e) One or more members of the division may conduct the hearing.
802 (f) Any decision made after a hearing before any number of the members of the

803 division is as valid as if made after a hearing before the full membership of the division.
804 (8) If, after a hearing, the division determines that a peace officer had reasonable
805 grounds to believe that the person was driving a motor vehicle in violation of Subsection (2)(a),
806 if the person fails to appear before the division as required in the notice, or if the person does
807 not request a hearing under this section, the division shall:
808 (a) deny the person's license for a period of 90 days beginning on the 30th day after the
809 date of arrest for a first offense under Subsection (2)(a);
810 (b) suspend the person's license for a period of one year beginning on the 30th day after
811 the date of arrest for a second or subsequent offense under Subsection (2)(a) within three years
812 of a prior denial or suspension; or
813 (c) deny the person's application for a license or learner's permit until the person is 17
814 years of age or for a period of one year, whichever is longer, if the person has not been issued
815 an operator license.
816 (9) (a) (i) Following denial or suspension the division shall assess against a person, in
817 addition to any fee imposed under Subsection 53-3-205 [(13)](12), a fee under Section
818 53-3-105 , which shall be paid before the person's driving privilege is reinstated, to cover
819 administrative costs.
820 (ii) This fee shall be canceled if the person obtains an unappealed division hearing or
821 court decision that the suspension was not proper.
822 (b) A person whose operator license has been denied, suspended, or postponed by the
823 division under this section following an administrative hearing may file a petition within 30
824 days after the suspension for a hearing on the matter which, if held, is governed by Section
825 53-3-224 .
826 (10) After reinstatement of an operator license for a first offense under this section, a
827 report authorized under Section 53-3-104 may not contain evidence of the denial or suspension
828 of the person's operator license under this section if the person has not been convicted of any
829 other offense for which the denial or suspension may be extended.
830 (11) (a) In addition to the penalties in Subsection (8), a person who violates Subsection
831 (2)(a) shall:
832 (i) obtain an assessment and recommendation for appropriate action from a substance
833 abuse program, but any associated costs shall be the person's responsibility; or

834 (ii) be referred by the division to the local substance abuse authority for an assessment
835 and recommendation for appropriate action.
836 (b) (i) Reinstatement of the person's operator license or the right to obtain an operator
837 license is contingent upon successful completion of the action recommended by the local
838 substance abuse authority or the substance abuse program.
839 (ii) The local substance abuse authority's or the substance abuse program's
840 recommended action shall be determined by an assessment of the person's alcohol abuse and
841 may include:
842 (A) a targeted education and prevention program;
843 (B) an early intervention program; or
844 (C) a substance abuse treatment program.
845 (iii) Successful completion of the recommended action shall be determined by
846 standards established by the Division of Substance Abuse and Mental Health.
847 (c) At the conclusion of the penalty period imposed under Subsection (2), the local
848 substance abuse authority or the substance abuse program shall notify the division of the
849 person's status regarding completion of the recommended action.
850 (d) The local substance abuse authorities and the substance abuse programs shall
851 cooperate with the division in:
852 (i) conducting the assessments;
853 (ii) making appropriate recommendations for action; and
854 (iii) notifying the division about the person's status regarding completion of the
855 recommended action.
856 (e) (i) The local substance abuse authority is responsible for the cost of the assessment
857 of the person's alcohol abuse, if the assessment is conducted by the local substance abuse
858 authority.
859 (ii) The local substance abuse authority or a substance abuse program selected by a
860 person is responsible for:
861 (A) conducting an assessment of the person's alcohol abuse; and
862 (B) for making a referral to an appropriate program on the basis of the findings of the
863 assessment.
864 (iii) (A) The person who violated Subsection (2)(a) is responsible for all costs and fees

865 associated with the recommended program to which the person selected or is referred.
866 (B) The costs and fees under Subsection (11)(e)(iii)(A) shall be based on a sliding scale
867 consistent with the local substance abuse authority's policies and practices regarding fees for
868 services or determined by the substance abuse program.
869 Section 12. Section 53-3-407 is amended to read:
870 53-3-407. Qualifications for commercial driver license -- Fee -- Third parties may
871 administer skills test.
872 (1) (a) As used in this section, "CDL driver training school" means a business
873 enterprise conducted by an individual, association, partnership, or corporation that:
874 (i) educates and trains persons, either practically or theoretically, or both, to drive
875 commercial motor vehicles; and
876 (ii) prepares an applicant for an examination under Subsection (2)(a)(ii) or (2)(b)(i)(B).
877 (b) A CDL driver training school may charge a consideration or tuition for the services
878 provided under Subsection (1)(a).
879 (2) (a) Except as provided in Subsection (2)(b), a CDL may be issued only to a person
880 who:
881 (i) is a resident of this state or qualifies as a nonresident under Section 53-3-409 ;
882 (ii) has passed a test of knowledge and skills for driving a commercial motor vehicle,
883 that complies with minimum standards established by federal regulation in 49 C.F.R., Part 383,
884 Subparts G and H; and
885 (iii) has complied with all requirements of 49 C.F.R., Part 383 and other applicable
886 state laws and federal regulations.
887 (b) (i) A temporary CDL may be issued to a person who:
888 (A) is enrolled in a CDL driver training school located in Utah;
889 (B) has passed a test of knowledge and skills for driving a commercial motor vehicle,
890 that complies with minimum standards established by federal regulation in 49 C.F.R. Part 383,
891 Subparts G and H; and
892 (C) has complied with all requirements of 49 C.F.R. Part 383, Subparts G and H.
893 (ii) A temporary CDL issued under this Subsection (2)(b):
894 (A) is valid for 60 days; and
895 (B) may not be renewed or extended.

896 (iii) Except as provided in this section and Subsections 53-3-204 (1)(a)(iv),
897 53-3-205 [(9)](8)(a)(i)(F) and [(9)] (8)(b), and 53-3-410 (1)(c), the provisions, requirements,
898 classes, endorsements, fees, restrictions, and sanctions under this code apply to a temporary
899 CDL issued under this Subsection (2)(b) in the same way as a commercial driver license issued
900 under this part.
901 (3) Tests required under this section shall be prescribed and administered by the
902 division.
903 (4) The division shall authorize a person, an agency of this or another state, an
904 employer, a private driver training facility or other private institution, or a department, agency,
905 or entity of local government to administer the skills test required under this section if:
906 (a) the test is the same test as prescribed by the division, and is administered in the
907 same manner; and
908 (b) the party authorized under this section to administer the test has entered into an
909 agreement with the state that complies with the requirements of 49 C.F.R., Part 383.75.
910 (5) A person who has an appointment with the division for testing and fails to keep the
911 appointment or to cancel at least 48 hours in advance of the appointment shall pay the fee
912 under Section 53-3-105 .
913 (6) A person authorized under this section to administer the skills test is not criminally
914 or civilly liable for the administration of the test unless he administers the test in a grossly
915 negligent manner.
916 (7) The division shall waive the skills test required under this section if it determines
917 that the applicant meets the requirements of 49 C.F.R., Part 383.77.
918 Section 13. Section 53-3-905 is amended to read:
919 53-3-905. Dedication of fees.
920 (1) Five dollars of the annual registration fee imposed under Section 41-1a-1206 for
921 each registered motorcycle and $2.50 of the fee imposed under Section 53-3-105 for an
922 original, renewal, or extension of a [class M license or provisional class M license application]
923 motorcycle endorsement shall be deposited as dedicated credits in the Transportation Fund to
924 be used by the division for the program.
925 (2) Appropriations to the program are nonlapsing.
926 (3) Appropriations may not be used for assistance to, advocacy of, or lobbying for any

927 legislation unless the legislation would enhance or affect the financial status of the program or
928 the program's continuation.
929 Section 14. Effective date.
930 This bill takes effect July 1, 2008.




Legislative Review Note
as of 11-19-07 10:44 AM

Office of Legislative Research and General Counsel