First Substitute H.B. 72

Representative Paul A. Neuenschwander proposes the following substitute bill:

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 applicant has
27 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
76 offense 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
105 be 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
146 $9.50.
147 [(20)] (14) An extension of a taxicab endorsement under Section 53-3-214 is $7.
148 [(21)] (15) An extension of a class D license for a person 65 and older under Section
149 53-3-214 is $11.

150 [(22)] (16) An original or renewal application for a commercial class A, B, or C license
151 or an original or renewal of a provisional commercial class A or B license under Part 4,
152 Uniform Commercial Driver License Act, is:
153 (a) $40 for the knowledge test; and
154 (b) $60 for the skills test.
155 [(23)] (17) Each original CDL endorsement for passengers, hazardous material, double
156 or triple trailers, or tankers is $7.
157 [(24)] (18) An original CDL endorsement for a school bus under Part 4, Uniform
158 Commercial Driver License Act, is $7.
159 [(25)] (19) A renewal of a CDL endorsement under Part 4, Uniform Commercial
160 Driver License Act, is $7.
161 [(26)] (20) (a) A retake of a CDL knowledge test provided for in Section 53-3-205 is
162 $20.
163 (b) A retake of a CDL skills test provided for in Section 53-3-205 is $40.
164 [(27)] (21) A retake of a CDL endorsement test provided for in Section 53-3-205 is $7.
165 [(28)] (22) A duplicate class A, B, C, or D, [or M] license certificate under Section
166 53-3-215 is $18.
167 [(29)] (23) (a) A license reinstatement application under Section 53-3-205 is $30.
168 (b) A license reinstatement application under Section 53-3-205 for an alcohol, drug, or
169 combination of alcohol and any drug-related offense is $35 in addition to the fee under
170 Subsection [(29)] (23)(a).
171 [(30)] (24) (a) An administrative fee for license reinstatement after an alcohol, drug, or
172 combination of alcohol and any drug-related offense under Section 41-6a-520 , 53-3-223 , or
173 53-3-231 or an alcohol, drug, or combination of alcohol and any drug-related offense under
174 Part 4, Uniform Commercial Driver License Act, is $170.
175 (b) This administrative fee is in addition to the fees under Subsection [(29)] (23).
176 [(31)] (25) (a) An administrative fee for providing the driving record of a driver under
177 Section 53-3-104 or 53-3-420 is $6.
178 (b) The division may not charge for a report furnished under Section 53-3-104 to a
179 municipal, county, state, or federal agency.
180 [(32)] (26) A rescheduling fee under Section 53-3-205 or 53-3-407 is $25.

181 [(33)] (27) (a) Except as provided under Subsection [(34)] (27)(b), an identification
182 card application under Section 53-3-808 is $18.
183 [(34)] (b) An identification card application under Section 53-3-808 for a person with a
184 disability, as defined in 42 U.S.C. Sec. 12102, is $13.
185 Section 3. Section 53-3-106 is amended to read:
186 53-3-106. Disposition of revenues under this chapter -- Restricted account created
187 -- Uses as provided by appropriation -- Nonlapsing.
188 (1) There is created within the Transportation Fund a restricted account known as the
189 "Department of Public Safety Restricted Account."
190 (2) The account consists of monies generated from the following revenue sources:
191 (a) all monies received under this chapter;
192 (b) administrative fees received according to the fee schedule authorized under this
193 chapter and Section 63-38-3.2 ; and
194 (c) any appropriations made to the account by the Legislature.
195 (3) (a) The account shall earn interest.
196 (b) All interest earned on account monies shall be deposited in the account.
197 (4) The expenses of the department in carrying out this chapter shall be provided for by
198 legislative appropriation from this account.
199 (5) The amount in excess of $45 of the fees collected under Subsection
200 53-3-105 [(30)](24) shall be appropriated by the Legislature from this account to the department
201 to implement the provisions of Section 53-1-117 , except that of the amount in excess of $45,
202 $40 shall be deposited in the State Laboratory Drug Testing [restricted] Account created in
203 Section 26-1-34 .
204 (6) All monies received under Subsection 41-6a-1406 (6)(b)(ii) shall be appropriated by
205 the Legislature from this account to the department to implement the provisions of Section
206 53-1-117 .
207 (7) Appropriations to the department from the account are nonlapsing.
208 Section 4. Section 53-3-202 is amended to read:
209 53-3-202. Drivers must be licensed -- Taxicab endorsement -- Violation.
210 (1) A person may not drive a motor vehicle on a highway in this state unless the person
211 is:

212 (a) granted the privilege to operate a motor vehicle by being licensed as a driver by the
213 division under this chapter;
214 (b) driving an official United States Government class D motor vehicle with a valid
215 United States Government driver permit or license for that type of vehicle;
216 (c) driving a road roller, road machinery, or any farm tractor or implement of
217 husbandry temporarily drawn, moved, or propelled on the highways;
218 (d) a nonresident who is at least 16 years of age and younger than 18 years of age who
219 has in [his] the nonresident's immediate possession a valid license certificate issued to [him]
220 the nonresident in [his] the nonresident's home state or country and is driving [as a class D or
221 M driver;] in the class or classes identified on the home state license certificate, except those
222 persons referred to in Part 6 of this chapter;
223 (e) a nonresident who is at least 18 years of age and who has in [his] the nonresident's
224 immediate possession a valid license certificate issued to [him] the nonresident in [his] the
225 nonresident's home state or country if driving in the class or classes identified on the home
226 state license certificate, except those persons referred to in Part 6 of this 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
270 successfully 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
289 not 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
293 licenses surrendered -- Driving record transferred from other states -- Reinstatement --
294 Fee required -- License agreement.
295 (1) An application for any original license, provisional license, or endorsement shall
296 be:
297 (a) made upon a form furnished by the division; and
298 (b) accompanied by a nonrefundable fee set under Section 53-3-105 .
299 (2) An application and fee for an original provisional class D license or an original
300 class D license entitle the applicant to:
301 (a) not more than three attempts to pass both the knowledge and the skills tests for a
302 class D license within six months of the date of the application;
303 (b) a learner permit if needed pending completion of the application and testing
304 process; and

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

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