S.B. 19

This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Thu, Jan 31, 2013 at 11:10 AM by lpoole. -->

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Senate 3rd Reading Amendments 1-31-2013 lp/sch 1

COMMERCIAL DRIVER LICENSE AMENDMENTS
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Kevin T. Van Tassell
5 House Sponsor: Stephen G. Handy
6
7 LONG TITLE
8 Committee Note:
9 The Transportation Interim Committee recommended this bill.
10 General Description:
11 This bill modifies the Uniform Driver License Act by amending provisions relating to
12 commercial driver licenses.
13 Highlighted Provisions:
14 This bill:
15 . provides that the Driver License Division may deny a person's class A, B, C, or D
16 commercial driver license if the person fails to comply with the requirement to have
17 a K restriction removed from the person's license;
18 . amends the definition of serious traffic violation for purposes of suspending a
19 commercial driver license to include S. :
19a . .S using a handheld wireless communication
20 device S. for certain purposes .S while operating a commercial motor vehicle; S. and
20a . using a hand-held mobile telephone in violation of federal law while operating a
20b commercial motor vehicle; .S
21 . amends the endorsements and restrictions that apply to a commercial driver license;
22 . specifies the classifications, endorsements, and restrictions that apply to a
23 commercial driver instruction permit;
24 . requires the Driver License Division to license commercial driver license third party
25 testers or commercial driver license third party examiners to be eligible to
26 administer the commercial driver license skills tests;
27 . requires an applicant for a commercial driver license third party tester or third party

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- 2 - 28 examiner license to submit fingerprints at the time the license application is filed and consent
29 to a fingerprint background check by the Utah Bureau of Criminal Identification and the
30 Federal Bureau of Investigation regarding the application;
31 . requires the Driver License Division to:
32 . impose the fees that the Bureau of Criminal Identification is authorized to
33 collect for certain services; and
34 . remit the fees collected to the Bureau of Criminal Identification;
35 . requires the Driver License Division to make rules establishing:
36 . minimum standards and application procedures for a commercial driver license
37 third party tester or third party examiner license;
38 . minimum standards for the commercial driver license skills test; and
39 . procedures to enable a licensed commercial driver license third party tester or
40 commercial driver license third party examiner to administer a commercial
41 driver license skills test for an applicant to receive a commercial driver license;
42 . amends the commercial driver license medical certification status requirements; and
43 . makes technical changes.
44 Money Appropriated in this Bill:
45 None
46 Other Special Clauses:
47 None
48 Utah Code Sections Affected:
49 AMENDS:
50 53-3-104, as last amended by Laws of Utah 2011, Chapter 152
51 53-3-221, as last amended by Laws of Utah 2011, Chapters 190 and 351
52 53-3-402, as last amended by Laws of Utah 2011, Chapter 190
53 53-3-407, as last amended by Laws of Utah 2012, Chapters 176 and 351
54 53-3-410.1, as enacted by Laws of Utah 2011, Chapter 190
55 53-3-412, as last amended by Laws of Utah 2011, Chapter 190
56 53-3-414, as last amended by Laws of Utah 2011, Chapter 190
57 ENACTS:
58 53-3-407.1, Utah Code Annotated 1953

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60 Be it enacted by the Legislature of the state of Utah:
61 Section 1. Section 53-3-104 is amended to read:
62 53-3-104. Division duties.
63 The division shall:
64 (1) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
65 make rules:
66 (a) for examining applicants for a license, as necessary for the safety and welfare of the
67 traveling public;
68 (b) for acceptable documentation of an applicant's identity, Social Security number,
69 Utah resident status, Utah residence address, proof of legal presence, proof of citizenship in the
70 United States, honorable discharge from the United States military, and other proof or
71 documentation required under this chapter;
72 (c) regarding the restrictions to be imposed on a person driving a motor vehicle with a
73 temporary learner permit or learner permit;
74 (d) for exemptions from licensing requirements as authorized in this chapter; and
75 (e) establishing procedures for the storage and maintenance of applicant information
76 provided in accordance with Section 53-3-205 , 53-3-410 , or 53-3-804 ;
77 (2) examine each applicant according to the class of license applied for;
78 (3) license motor vehicle drivers;
79 (4) file every application for a license received by it and shall maintain indices
80 containing:
81 (a) all applications denied and the reason each was denied;
82 (b) all applications granted; and
83 (c) the name of every licensee whose license has been suspended, disqualified, or
84 revoked by the division and the reasons for the action;
85 (5) suspend, revoke, disqualify, cancel, or deny any license issued in accordance with
86 this chapter;
87 (6) file all accident reports and abstracts of court records of convictions received by it
88 under state law;
89 (7) maintain a record of each licensee showing the licensee's convictions and the traffic

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- 4 - 90 accidents in which the licensee has been involved where a conviction has resulted;
91 (8) consider the record of a licensee upon an application for renewal of a license and at
92 other appropriate times;
93 (9) search the license files, compile, and furnish a report on the driving record of any
94 person licensed in the state in accordance with Section 53-3-109 ;
95 (10) develop and implement a record system as required by Section 41-6a-604 ;
96 (11) in accordance with Section 53A-13-208 , establish:
97 (a) procedures and standards to certify teachers of driver education classes to
98 administer knowledge and skills tests;
99 (b) minimal standards for the tests; and
100 (c) procedures to enable school districts to administer or process any tests for students
101 to receive a class D operator's license;
102 (12) in accordance with Section 53-3-510 , establish:
103 (a) procedures and standards to certify licensed instructors of commercial driver
104 training school courses to administer the skills test;
105 (b) minimal standards for the test; and
106 (c) procedures to enable licensed commercial driver training schools to administer or
107 process skills tests for students to receive a class D operator's license;
108 (13) provide administrative support to the Driver License Medical Advisory Board
109 created in Section 53-3-303 ; [and]
110 (14) upon request by the lieutenant governor, provide the lieutenant governor with a
111 digital copy of the driver license or identification card signature of a person who is an applicant
112 for voter registration under Section 20A-2-206 [.]; and
113 (15) in accordance with Section 53-3-407.1 , establish:
114 (a) procedures and standards to license a commercial driver license third party tester or
115 commercial driver license third party examiner to administer the commercial driver license
116 skills tests;
117 (b) minimum standards for the commercial driver license skills test; and
118 (c) procedures to enable a licensed commercial driver license third party tester or
119 commercial driver license third party examiner to administer a commercial driver license skills
120 test for an applicant to receive a commercial driver license.

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- 5 - 121 Section 2. Section 53-3-221 is amended to read:
122 53-3-221. Offenses which may result in denial, suspension, disqualification, or
123 revocation of license without hearing -- Additional grounds for suspension -- Point system
124 for traffic violations -- Notice and hearing -- Reporting of traffic violation procedures.
125 (1) By following the emergency procedures in Title 63G, Chapter 4, Administrative
126 Procedures Act, the division may immediately deny, suspend, disqualify, or revoke the license
127 of any person without hearing and without receiving a record of the person's conviction of
128 crime when the division has been notified or has reason to believe the person:
129 (a) has committed any offenses for which mandatory suspension or revocation of a
130 license is required upon conviction under Section 53-3-220 ;
131 (b) has, by reckless or unlawful driving of a motor vehicle, caused or contributed to an
132 accident resulting in death or injury to any other person, or serious property damage;
133 (c) is incompetent to drive a motor vehicle or is afflicted with mental or physical
134 infirmities or disabilities rendering it unsafe for the person to drive a motor vehicle upon the
135 highways;
136 (d) has committed a serious violation of the motor vehicle laws of this state;
137 (e) has knowingly [acquired, used, displayed, or transferred an item that purports to be
138 an authentic driver license certificate issued by a governmental entity if the item is not an
139 authentic driver license certificate or has permitted an unlawful use of the license as prohibited
140 under] committed a violation of Section 53-3-229 ; or
141 (f) has been convicted of serious offenses against traffic laws governing the movement
142 of motor vehicles with a frequency that indicates a disrespect for traffic laws and a disregard
143 for the safety of other persons on the highways.
144 (2) (a) The division may suspend the license of a person under Subsection (1) when the
145 person has failed to comply with the terms stated on a traffic citation issued in this state, except
146 this Subsection (2) does not apply to highway weight limit violations or violations of law
147 governing the transportation of hazardous materials.
148 (b) This Subsection (2) applies to parking and standing violations only if a court has
149 issued a warrant for the arrest of a person for failure to post bail, appear, or otherwise satisfy
150 the terms of the citation.
151 (c) (i) This Subsection (2) may not be exercised unless notice of the pending

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- 6 - 152 suspension of the driving privilege has been sent at least 10 days previously to the person at the
153 address provided to the division.
154 (ii) After clearance by the division, a report authorized by Section 53-3-104 may not
155 contain any evidence of a suspension that occurred as a result of failure to comply with the
156 terms stated on a traffic citation.
157 (3) (a) The division may suspend the license of a person under Subsection (1) when the
158 division has been notified by a court that the person has an outstanding unpaid fine, an
159 outstanding incomplete restitution requirement, or an outstanding warrant levied by order of a
160 court.
161 (b) The suspension remains in effect until the division is notified by the court that the
162 order has been satisfied.
163 (c) After clearance by the division, a report authorized by Section 53-3-104 may not
164 contain any evidence of the suspension.
165 (4) (a) The division shall make rules establishing a point system as provided for in this
166 Subsection (4).
167 (b) (i) The division shall assign a number of points to each type of moving traffic
168 violation as a measure of its seriousness.
169 (ii) The points shall be based upon actual relationships between types of traffic
170 violations and motor vehicle traffic accidents.
171 (iii) Except as provided in Subsection (4)(b)(iv), the division may not assess points
172 against a person's driving record for a conviction of a traffic violation:
173 (A) that occurred in another state; and
174 (B) that was committed on or after July 1, 2011.
175 (iv) The provisions of Subsection (4)(b)(iii) do not apply to:
176 (A) a reckless or impaired driving violation or a speeding violation for exceeding the
177 posted speed limit by 21 or more miles per hour; or
178 (B) an offense committed in another state which, if committed within Utah, would
179 result in the mandatory suspension or revocation of a license upon conviction under Section
180 53-3-220 .
181 (c) Every person convicted of a traffic violation shall have assessed against the person's
182 driving record the number of points that the division has assigned to the type of violation of

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- 7 - 183 which the person has been convicted, except that the number of points assessed shall be
184 decreased by 10% if on the abstract of the court record of the conviction the court has graded
185 the severity of violation as minimum, and shall be increased by 10% if on the abstract the court
186 has graded the severity of violation as maximum.
187 (d) (i) A separate procedure for assessing points for speeding offenses shall be
188 established by the division based upon the severity of the offense.
189 (ii) The severity of a speeding violation shall be graded as:
190 (A) "minimum" for exceeding the posted speed limit by up to 10 miles per hour;
191 (B) "intermediate" for exceeding the posted speed limit by from 11 to 20 miles per
192 hour; and
193 (C) "maximum" for exceeding the posted speed limit by 21 or more miles per hour.
194 (iii) Consideration shall be made for assessment of no points on minimum speeding
195 violations, except for speeding violations in school zones.
196 (e) (i) Points assessed against a person's driving record shall be deleted for violations
197 occurring before a time limit set by the division.
198 (ii) The time limit may not exceed three years.
199 (iii) The division may also delete points to reward violation-free driving for periods of
200 time set by the division.
201 (f) (i) By publication in two newspapers having general circulation throughout the
202 state, the division shall give notice of the number of points it has assigned to each type of
203 traffic violation, the time limit set by the division for the deletion of points, and the point level
204 at which the division will generally take action to deny or suspend under this section.
205 (ii) The division may not change any of the information provided above regarding
206 points without first giving new notice in the same manner.
207 (5) (a) (i) Upon denying or suspending the license of a person under this section, the
208 division shall immediately notify the licensee in a manner specified by the division and afford
209 him an opportunity for a hearing in the county where the licensee resides.
210 (ii) The hearing shall be documented, and the division or its authorized agent may
211 administer oaths, may issue subpoenas for the attendance of witnesses and the production of
212 relevant books and papers, and may require a reexamination of the licensee.
213 (iii) One or more members of the division may conduct the hearing, and any decision

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- 8 - 214 made after a hearing before any number of the members of the division is as valid as if made
215 after a hearing before the full membership of the division.
216 (iv) After the hearing the division shall either rescind its order of denial or suspension,
217 extend the denial or suspension of the license, or revoke the license.
218 (b) The denial or suspension of the license remains in effect pending qualifications
219 determined by the division regarding a person:
220 (i) whose license has been denied or suspended following reexamination;
221 (ii) who is incompetent to drive a motor vehicle;
222 (iii) who is afflicted with mental or physical infirmities that might make him dangerous
223 on the highways; or
224 (iv) who may not have the necessary knowledge or skill to drive a motor vehicle safely.
225 (6) (a) Subject to Subsection (6)(d), the division shall suspend a person's license when
226 the division receives notice from the Office of Recovery Services that the Office of Recovery
227 Services has ordered the suspension of the person's license.
228 (b) A suspension under Subsection (6)(a) shall remain in effect until the division
229 receives notice from the Office of Recovery Services that the Office of Recovery Services has
230 rescinded the order of suspension.
231 (c) After an order of suspension is rescinded under Subsection (6)(b), a report
232 authorized by Section 53-3-104 may not contain any evidence of the suspension.
233 (d) (i) If the division suspends a person's license under this Subsection (6), the division
234 shall, upon application, issue a temporary limited driver license to the person if that person
235 needs a driver license for employment, education, or child visitation.
236 (ii) The temporary limited driver license described in this section:
237 (A) shall provide that the person may operate a motor vehicle only for the purpose of
238 driving to or from the person's place of employment, education, or child visitation;
239 (B) shall prohibit the person from driving a motor vehicle for any purpose other than a
240 purpose described in Subsection (6)(d)(ii)(A); and
241 (C) shall expire 90 days after the day on which the temporary limited driver license is
242 issued.
243 (iii) (A) During the period beginning on the day on which a temporary limited driver
244 license is issued under this Subsection (6), and ending on the day that the temporary limited

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- 9 - 245 driver license expires, the suspension described in this Subsection (6) only applies if the person
246 who is suspended operates a motor vehicle for a purpose other than employment, education, or
247 child visitation.
248 (B) Upon expiration of a temporary limited driver license described in this Subsection
249 (6)(d):
250 (I) a suspension described in Subsection (6)(a) shall be in full effect until the division
251 receives notice, under Subsection (6)(b), that the order of suspension is rescinded; and
252 (II) a person suspended under Subsection (6)(a) may not drive a motor vehicle for any
253 reason.
254 (iv) The division is not required to issue a limited driver license to a person under this
255 Subsection (6)(d) if there are other legal grounds for the suspension of the person's driver
256 license.
257 (v) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
258 Administrative Rulemaking Act, to implement the provisions of this part.
259 (7) (a) The division may suspend or revoke the license of any resident of this state
260 upon receiving notice of the conviction of that person in another state of an offense committed
261 there that, if committed in this state, would be grounds for the suspension or revocation of a
262 license.
263 (b) The division may, upon receiving a record of the conviction in this state of a
264 nonresident driver of a motor vehicle or motorboat of any offense under the motor vehicle laws
265 of this state, forward a certified copy of the record to the motor vehicle administrator in the
266 state where the person convicted is a resident.
267 (8) (a) The division may suspend or revoke the license of any nonresident to drive a
268 motor vehicle in this state for any cause for which the license of a resident driver may be
269 suspended or revoked.
270 (b) Any nonresident who drives a motor vehicle upon a highway when the person's
271 license has been suspended or revoked by the division is guilty of a class C misdemeanor.
272 (9) (a) The division may not deny or suspend the license of any person for a period of
273 more than one year except:
274 (i) for failure to comply with the terms of a traffic citation under Subsection (2);
275 (ii) upon receipt of a second or subsequent order suspending juvenile driving privileges

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- 10 - 276 under Section 53-3-219 ;
277 (iii) when extending a denial or suspension upon receiving certain records or reports
278 under Subsection 53-3-220 (2);
279 (iv) for failure to give and maintain owner's or operator's security under Section
280 41-12a-411 ;
281 (v) when the division suspends the license under Subsection (6); or
282 (vi) when the division denies the license under Subsection (14).
283 (b) The division may suspend the license of a person under Subsection (2) until the
284 person shows satisfactory evidence of compliance with the terms of the traffic citation.
285 (10) (a) By following the emergency procedures in Title 63G, Chapter 4,
286 Administrative Procedures Act, the division may immediately suspend the license of any
287 person without hearing and without receiving a record of the person's conviction for a crime
288 when the division has reason to believe that the person's license was granted by the division
289 through error or fraud or that the necessary consent for the license has been withdrawn or is
290 terminated.
291 (b) The procedure upon suspension is the same as under Subsection (5), except that
292 after the hearing the division shall either rescind its order of suspension or cancel the license.
293 (11) (a) The division, having good cause to believe that a licensed driver is
294 incompetent or otherwise not qualified to be licensed, may upon notice in a manner specified
295 by the division of at least five days to the licensee require him to submit to an examination.
296 (b) Upon the conclusion of the examination the division may suspend or revoke the
297 person's license, permit him to retain the license, or grant a license subject to a restriction
298 imposed in accordance with Section 53-3-208 .
299 (c) Refusal or neglect of the licensee to submit to an examination is grounds for
300 suspension or revocation of the licensee's license.
301 (12) (a) Except as provided in Subsection (12)(b), a report authorized by Section
302 53-3-104 may not contain any evidence of a conviction for speeding on an interstate system in
303 this state if the conviction was for a speed of 10 miles per hour or less, above the posted speed
304 limit and did not result in an accident, unless authorized in a manner specified by the division
305 by the individual whose report is being requested.
306 (b) The provisions of Subsection (12)(a) do not apply for:

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- 11 - 307 (i) a CDL license holder; or
308 (ii) a violation that occurred in a commercial motor vehicle.
309 (13) (a) By following the emergency procedures in Title 63G, Chapter 4,
310 Administrative Procedures Act, the division may immediately suspend the license of a person
311 if it has reason to believe that the person is the owner of a motor vehicle for which security is
312 required under Title 41, Chapter 12a, Financial Responsibility of Motor Vehicle Owners and
313 Operators Act, and has driven the motor vehicle or permitted it to be driven within this state
314 without the security being in effect.
315 (b) The division may immediately suspend a driving privilege card holder's driving
316 privilege card if the division receives notification from the Motor Vehicle Division that:
317 (i) the driving privilege card holder is the registered owner of a vehicle; and
318 (ii) the driving privilege card holder's vehicle registration has been revoked under
319 Subsection 41-1a-110 (2)(a)(ii)(A).
320 (c) Section 41-12a-411 regarding the requirement of proof of owner's or operator's
321 security applies to persons whose driving privileges are suspended under this Subsection (13).
322 (d) If the division exercises the right of immediate suspension granted under this
323 Subsection (13), the notice and hearing provisions of Subsection (5) apply.
324 (e) A person whose license suspension has been sustained or whose license has been
325 revoked by the division under this Subsection (13) may file a request for agency action
326 requesting a hearing.
327 (14) The division may deny an individual's license if the person fails to comply with
328 the requirement to downgrade the person's CDL to a class D license under Section 53-3-410.1 .
329 (15) The division may deny a person's class A, B, C, or D license if the person fails to
330 comply with the requirement to have a K restriction removed from the person's license.
331 [(15)] (16) Any suspension or revocation of a person's license under this section also
332 disqualifies any license issued to that person under Part 4, Uniform Commercial Driver License
333 Act.
334 Section 3. Section 53-3-402 is amended to read:
335 53-3-402. Definitions.
336 As used in this part:
337 (1) "Alcohol" means any substance containing any form of alcohol, including ethanol,

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- 12 - 338 methanol, propanol, and isopropanol.
339 (2) "Alcohol concentration" means the number of grams of alcohol per:
340 (a) 100 milliliters of blood;
341 (b) 210 liters of breath; or
342 (c) 67 milliliters of urine.
343 (3) "Commercial driver instruction permit" or "CDIP" means a permit issued under
344 Section 53-3-408 .
345 (4) "Commercial driver license information system" or "CDLIS" means the
346 information system established under Title XII, Pub. L. 99-570, the Commercial Motor Vehicle
347 Safety Act of 1986, as a clearinghouse for information related to the licensing and
348 identification of commercial motor vehicle drivers.
349 (5) "Controlled substance" means any substance so classified under Section 102(6) of
350 the Controlled Substance Act, 21 U.S.C. 802(6), and includes all substances listed on the
351 current Schedules I through V of 21 C.F.R., Part 1308 as they may be revised from time to
352 time.
353 (6) "Employee" means any driver of a commercial motor vehicle, including:
354 (a) full-time, regularly employed drivers;
355 (b) casual, intermittent, or occasional drivers;
356 (c) leased drivers; and
357 (d) independent, owner-operator contractors while in the course of driving a
358 commercial motor vehicle who are either directly employed by or under lease to an employer.
359 (7) "Employer" means any individual or person including the United States, a state, or
360 a political subdivision of a state, who owns or leases a commercial motor vehicle, or assigns an
361 individual to drive a commercial motor vehicle.
362 (8) "Felony" means any offense under state or federal law that is punishable by death or
363 imprisonment for a term of more than one year.
364 (9) "Foreign jurisdiction" means any jurisdiction other than the United States or a state
365 of the United States.
366 (10) "Gross vehicle weight rating" or "GVWR" means the value specified by the
367 manufacturer as the maximum loaded weight of a single vehicle or GVWR of a combination or
368 articulated vehicle, and includes the GVWR of the power unit plus the total weight of all towed

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- 13 - 369 units and the loads on those units.
370 (11) "Hazardous material" has the same meaning as defined under [49 U.S.C. Sec.
371 5101 et seq., Hazardous Materials Transportation Act] 49 C.F.R. Sec. 383.5.
372 (12) "Imminent hazard" means the existence of a condition, practice, or violation that
373 presents a substantial likelihood that death, serious illness, severe personal injury, or a
374 substantial endangerment to health, property, or the environment is expected to occur
375 immediately, or before the condition, practice, or violation can be abated.
376 (13) "Medical certification status" means the medical certification of a commercial
377 driver license holder or commercial motor vehicle operator in any of the following categories:
378 (a) Non-excepted interstate. A person shall certify that the person:
379 (i) operates or expects to operate in interstate commerce;
380 (ii) is both subject to and meets the qualification requirements under 49 C.F.R. Part
381 391; and
382 (iii) is required to obtain a medical examiner's certificate under 49 C.F.R. [Part] Sec.
383 391.45.
384 (b) Excepted interstate. A person shall certify that the person:
385 (i) operates or expects to operate in interstate commerce, but engages exclusively in
386 transportation or operations excepted under 49 C.F.R. Sec. 390.3(f), 391.2, 391.68, or 398.3
387 from all or parts of the qualification requirements of 49 C.F.R. Part 391; and
388 (ii) is not required to obtain a medical examiner's certificate under 49 C.F.R. Sec.
389 391.45.
390 (c) Non-excepted intrastate. A person shall certify that the person:
391 (i) operates only in intrastate commerce; and
392 (ii) is subject to state driver qualification requirements under Sections 53-3-303.5 ,
393 53-3-304 , and 53-3-414 .
394 (d) Excepted intrastate. A person shall certify that the person:
395 (i) operates in intrastate commerce; and
396 (ii) engages exclusively in transportation or operations excepted from all parts of the
397 state driver qualification requirements.
398 (14) "NDR" means the National Driver Register.
399 (15) "Nonresident CDL" means a commercial driver license issued by a state to an

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Senate 3rd Reading Amendments 1-31-2013 lp/sch 400

individual who resides in a foreign jurisdiction.
401 (16) "Out-of-service order" means a temporary prohibition against driving a
402 commercial motor vehicle.
403 (17) "Port-of-entry agent" has the same meaning as provided in Section 72-1-102 .
404 (18) "Serious traffic violation" means a conviction of any of the following:
405 (a) speeding 15 or more miles per hour above the posted speed limit;
406 (b) reckless driving as defined by state or local law;
407 (c) improper or erratic traffic lane changes;
408 (d) following the vehicle ahead too closely;
409 (e) any other motor vehicle traffic law which arises in connection with a fatal traffic
410 accident;
411 (f) operating a commercial motor vehicle without a CDL or a CDIP;
412 (g) operating a commercial motor vehicle without the proper class of CDL or CDL
413 endorsement for the type of vehicle group being operated or for the passengers or cargo being
414 transported; [or]
415 (h) operating a commercial motor vehicle without a CDL or CDIP license certificate in
416 the driver's possession in violation of Section 53-3-404 [.]; S. [ or ] .S
417 (i) using a handheld wireless communication device S. [ as defined in ] in violation of .S
417a Section 41-6a-1716
418 while operating a commercial motor vehicle S. ; or
418a (j) using a hand-held mobile telephone while operating a commercial motor vehicle in
418b violation of 49 C.F.R. Sec. 392.82 .S .
419 (19) "State" means a state of the United States, the District of Columbia, any province
420 or territory of Canada, or Mexico.
421 (20) "United States" means the 50 states and the District of Columbia.
422 Section 4. Section 53-3-407 is amended to read:
423 53-3-407. Qualifications for commercial driver license -- Fee -- Third parties may
424 administer skills test.
425 (1) (a) As used in this section, "CDL driver training school" means a business
426 enterprise conducted by an individual, association, partnership, or corporation that:
427 (i) educates and trains persons, either practically or theoretically, or both, to drive
428 commercial motor vehicles; and
429 (ii) prepares an applicant for an examination under Subsection (2)(a)(ii) or (2)(b)(i)(B).
430 (b) A CDL driver training school may charge a consideration or tuition for the services

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- 15 - 431 provided under Subsection (1)(a).
432 (2) (a) Except as provided in Subsection (2)(b) and (c), a CDL may be issued only to a
433 person who:
434 (i) is a resident of this state;
435 (ii) has passed a test of knowledge and skills for driving a commercial motor vehicle,
436 that complies with minimum standards established by federal regulation in 49 C.F.R.[,] Part
437 383, Subparts G and H; and
438 (iii) has complied with all requirements of 49 C.F.R.[,] Part 383 and other applicable
439 state laws and federal regulations.
440 (b) (i) A temporary CDL may be issued to a person who:
441 (A) is enrolled in a CDL driver training school located in Utah;
442 (B) has passed a test of knowledge and skills for driving a commercial motor vehicle,
443 that complies with minimum standards established by federal regulation in 49 C.F.R. Part 383,
444 Subparts G and H; and
445 (C) has complied with all requirements of 49 C.F.R. Part 383, Subparts G and H.
446 (ii) A temporary CDL issued under this Subsection (2)(b):
447 (A) is valid for 60 days; and
448 (B) may not be renewed or extended.
449 (iii) Except as provided in this section and Subsections 53-3-204 (1)(a)(v),
450 53-3-205 (8)(a)(i)(E) and (8)(b), and 53-3-410 (1)(c), the provisions, requirements, classes,
451 endorsements, fees, restrictions, and sanctions under this code apply to a temporary CDL
452 issued under this Subsection (2)(b) in the same way as a commercial driver license issued
453 under this part.
454 (c) The department shall waive the skills test specified in this section for a commercial
455 driver license applicant who, subject to the limitations and requirements of 49 C.F.R.[, Part]
456 Sec. 383.77, meets all certifications required for a waiver under 49 C.F.R.[, Part] Sec. 383.77
457 and certifies that the applicant:
458 (i) is a member of the active or reserve components of any branch or unit of the armed
459 forces or a veteran who received an honorable discharge from any branch or unit of the active
460 or reserve components of the armed forces;
461 (ii) is or was regularly employed in a position in the armed forces requiring operation

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- 16 - 462 of a commercial motor vehicle; and
463 (iii) has legally operated, while on active duty for at least two years immediately
464 preceding application for a commercial driver license, a vehicle representative of the
465 commercial motor vehicle the driver applicant operates or expects to operate.
466 (d) An applicant who requests a waiver under Subsection (2)(c) shall present [their DA
467 348, Equipment Operator's Qualification Record, AF 2293, US Air Force Motor Vehicle
468 Operator Identification Card, or equivalent document from another branch of the United States
469 Armed Forces,] a completed application for a military skills test waiver at the time of the
470 request.
471 (3) Tests required under this section shall be prescribed and administered by the
472 division.
473 (4) The division shall authorize a person, an agency of this [or another] state, an
474 employer, a private driver training facility or other private institution, or a department, agency,
475 or entity of local government to administer the skills test required under this section if:
476 (a) the test is the same test as prescribed by the division, and is administered in the
477 same manner; and
478 (b) the party authorized under this section to administer the test has entered into an
479 agreement with the state that complies with the requirements of 49 C.F.R.[, Part] Sec. 383.75.
480 (5) A person who has an appointment with the division for testing and fails to keep the
481 appointment or to cancel at least 48 hours in advance of the appointment shall pay the fee
482 under Section 53-3-105 .
483 (6) A person authorized under this section to administer the skills test is not criminally
484 or civilly liable for the administration of the test unless he administers the test in a grossly
485 negligent manner.
486 (7) The division may waive the skills test required under this section if it determines
487 that the applicant meets the requirements of 49 C.F.R.[, Part] Sec. 383.77.
488 Section 5. Section 53-3-407.1 is enacted to read:
489 53-3-407.1. Commercial driver license third party tester or third party examiner
490 license -- Fingerprint background check required.
491 (1) A commercial driver license third party tester or commercial driver license third
492 party examiner shall be licensed by the division to be eligible to administer the commercial

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- 17 - 493 driver license skills tests.
494 (2) (a) An applicant for a commercial driver license third party tester or third party
495 examiner license shall submit fingerprints in a form acceptable to the division at the time the
496 license application is filed and shall consent to a fingerprint background check by the Utah
497 Bureau of Criminal Identification and the Federal Bureau of Investigation regarding the
498 application.
499 (b) The division shall request the Department of Public Safety to complete a Federal
500 Bureau of Investigation criminal background check for each commercial driver license third
501 party tester or third party examiner applicant through the national criminal history system or
502 any successor system.
503 (c) The Utah Bureau of Criminal Identification shall release to the division all
504 information received in response to the division's request under this Subsection (2).
505 (d) A commercial driver license third party tester or third party examiner license may
506 not be issued under this section until the criminal background check required under this
507 Subsection (2) has been completed and reviewed by the division.
508 (e) In addition to any fees imposed under this chapter, the division shall:
509 (i) impose on individuals submitting fingerprints in accordance with this Subsection
510 (2) the fees that the Bureau of Criminal Identification is authorized to collect for the services
511 the Bureau of Criminal Identification provides under this section; and
512 (ii) remit the fees collected under this Subsection (2)(e) to the Bureau of Criminal
513 Identification.
514 (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
515 division shall make rules establishing:
516 (a) minimum standards for a commercial driver license third party tester or third party
517 examiner license;
518 (b) procedures for an applicant to apply for a commercial driver license third party
519 tester or third party examiner license;
520 (c) minimum standards for the commercial driver license skills test; and
521 (d) procedures to enable a licensed commercial driver license third party tester or
522 commercial driver license third party examiner to administer or process a commercial driver
523 license skills test for an applicant to receive a commercial driver license.

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- 18 - 524 Section 6. Section 53-3-410.1 is amended to read:
525 53-3-410.1. Medical certification requirements.
526 (1) [(a)] A person whose medical certification status is:
527 (a) "non-excepted interstate" under Subsection 53-3-402 (13)(a) is required to provide
528 the division a medical self certification and an updated medical examiner's certificate under 49
529 C.F.R. Sec. 391.45 upon request by the division[.];
530 (b) "excepted interstate" under Subsection 53-3-402 (13)(b) is required to provide to the
531 division a medical self certification upon request by the division;
532 (c) "non-excepted intrastate" under Subsection 53-3-402 (13)(c) is required to, upon
533 request by the division:
534 (i) provide to the division a medical self certification; and
535 (ii) comply with the requirements of Section 53-3-303.5 ; or
536 (d) "excepted intrastate" under Subsection 53-3-402 (13)(b) is required to, upon request
537 by the division:
538 (i) provide to the division a medical self certification; and
539 (ii) (A) provide to the division an updated medical examiner's certificate under 49
540 C.F.R. Sec. 391.45; or
541 (B) comply with the requirements of Section 53-3-303.5 .
542 [(b)] (2) A request by the division for a person to [provide an updated medical
543 examiner's certification] comply with Subsection (1) shall correspond with the expiration of the
544 previously submitted medical examiner's certificate.
545 [(c)] (3) If a person fails to [provide an updated medical examiner's certificate under
546 Subsection (1)(a)] comply with a request under this section, the person shall be required to
547 downgrade the person's CDL to a class D license.
548 [(2)] (4) Failure to comply with the requirement of [Subsection (1)(c)] this section shall
549 result in the denial of the license under [Subsection] Section 53-3-221 [(14)].
550 Section 7. Section 53-3-412 is amended to read:
551 53-3-412. CDL classifications, endorsements, and restrictions.
552 (1) A CDL may be granted with the following classifications, endorsements, and
553 restrictions:
554 [(1)] (a) Classifications:

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- 19 - 555 [(a)] (i) Class A: any combination of vehicles with a GVWR of 26,001 pounds or
556 more, if the GVWR of the one or more vehicles being towed is in excess of 10,000 pounds;
557 [(b)] (ii) Class B: any single motor vehicle with a GVWR of 26,001 pounds or more,
558 including that motor vehicle when towing a vehicle with a GVWR of 10,000 pounds or less;
559 and
560 [(c)] (iii) Class C: any single motor vehicle with a GVWR of less than 26,001 pounds
561 or that motor vehicle when towing a vehicle with a GVWR of 10,000 pounds or less when the
562 vehicle is designed [or used]:
563 [(i)] (A) to [transport more than 15] carry 16 or more passengers, including the driver;
564 [(ii)] (B) as a school bus, and weighing less than 26,001 pounds GVWR; or
565 [(iii)] (C) to transport hazardous materials that requires the vehicle to be placarded
566 under 49 C.F.R.[,] Part 172, Subpart F.
567 [(2)] (b) Endorsements:
568 [(a)] (i) "H" authorizes the driver to drive a commercial motor vehicle transporting
569 hazardous materials as defined in 42 C.F.R. Sec. 383.5.
570 [(b)] (ii) "N" authorizes the driver to drive a tank vehicle.
571 [(c)] (iii) "P" authorizes the driver to drive a motor vehicle [carrying more than 15]
572 designed to carry 16 or more passengers including the driver.
573 [(d)] (iv) "S" authorizes the driver [to drive a school bus or a motor vehicle designed to
574 carry more than 15 passengers including the driver] to transport preprimary, primary, or
575 secondary school students from home to school, school to home, or to and from
576 school-sponsored events.
577 [(e)] (v) "T" authorizes the driver to drive a commercial motor vehicle with a double or
578 triple trailer.
579 [(f)] (vi) "X" authorizes the driver to drive a tank vehicle and transport hazardous
580 materials.
581 [(3)] (c) Restrictions:
582 (i) "E" restricts the driver from driving a commercial motor vehicle with a manual
583 transmission.
584 [(a)] (ii) "K" restricts the driver to driving intrastate only any commercial motor
585 vehicle as defined by [Title] 49[,] C.F.R.[,] Parts 383 and 390.

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- 20 - 586 [(b)] (iii) "L" restricts the driver to driving a commercial motor vehicle not equipped
587 with air brakes.
588 [(c)] (iv) "J" provides for other CDL restrictions.
589 [(d)] (v) "M" restricts a driver from transporting passengers using a class A bus.
590 [(e)] (vi) "N" restricts a driver from transporting passengers using a class A or class B
591 bus.
592 (vii) "O" restricts a driver from driving a commercial motor vehicle equipped with a
593 tractor trailer.
594 [(f) (i)] (viii) (A) "V" indicates that the driver has been issued a variance by the Federal
595 Motor Carrier Safety Administration in reference to the driver's medical certification status.
596 [(ii)] (B) A driver with a "V" restriction shall have the letter outlining the specifications
597 for the variance in the driver's possession along with the driver's commercial driver license
598 when operating a commercial motor vehicle.
599 (ix) "Z" restricts a driver from driving a commercial motor vehicle with non-fully
600 equipped air brakes.
601 (2) A commercial driver instruction permit may be granted with the following
602 classifications, endorsements, and restrictions:
603 (a) Classifications:
604 (i) Class A: any combination of vehicles with a GVWR of 26,001 pounds or more, if
605 the GVWR of the one or more vehicles being towed is in excess of 10,000 pounds;
606 (ii) Class B: any single motor vehicle with a GVWR of 26,001 pounds or more,
607 including that motor vehicle when towing a vehicle with a GVWR of 10,000 pounds or less;
608 and
609 (iii) Class C: any single motor vehicle with a GVWR of less than 26,001 pounds or
610 that motor vehicle when towing a vehicle with a GVWR of 10,000 pounds or less when the
611 vehicle is designed:
612 (A) to carry 16 or more passengers, including the driver;
613 (B) as a school bus, and weighing less than 26,001 pounds GVWR; or
614 (C) to transport hazardous material that requires the vehicle to be placarded under 49
615 C.F.R. Part 172, Subpart F.
616 (b) Endorsements:

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- 21 - 617 (i) "N" authorizes the driver to drive a tank vehicle. An "N" endorsement may only be
618 issued with an "X" restriction.
619 (ii) "P" authorizes the driver to drive a motor vehicle designed to carry 16 or more
620 passengers including the driver. A "P" endorsement may only be issued with a "P" restriction.
621 (iii) "S" authorizes the driver to transport preprimary, primary, or secondary school
622 students from home to school, school to home, or to and from school-sponsored events. An
623 "S" endorsement may only be issued with a "P" restriction.
624 (c) Restrictions:
625 (i) "K" restricts the driver to driving intrastate only any commercial motor vehicle as
626 defined by 49 C.F.R. Parts 383 and 390.
627 (ii) "L" restricts the driver to driving a commercial motor vehicle not equipped with air
628 brakes.
629 (iii) "M" restricts a driver from transporting passengers using a class A bus.
630 (iv) "N" restricts a driver from transporting passengers using a class A or class B bus.
631 (v) "P" restricts a driver from having one or more passengers in the vehicle while
632 driving a commercial motor vehicle bus unless the passenger is:
633 (A) a federal or state auditor or inspector;
634 (B) a test examiner;
635 (C) another trainee; or
636 (D) the CDL holder accompanying the CDIP holder as required in 49 C.F.R. Sec.
637 383.25.
638 (vi) (A) "V" indicates that the driver has been issued a variance by the Federal Motor
639 Carrier Safety Administration in reference to the driver's medical certification status.
640 (B) A driver with a "V" restriction shall have the letter outlining the specifications for
641 the variance in the driver's possession along with the driver's commercial driver license when
642 operating a commercial motor vehicle.
643 (vii) "X" restricts a driver from having cargo in a commercial motor vehicle tank
644 vehicle.
645 Section 8. Section 53-3-414 is amended to read:
646 53-3-414. CDL disqualification or suspension -- Grounds and duration --
647 Procedure.

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- 22 - 648 (1) (a) A person who holds or is required to hold a CDL is disqualified from driving a
649 commercial motor vehicle for a period of not less than one year effective seven days from the
650 date of notice to the driver if convicted of a first offense of:
651 (i) driving a motor vehicle while under the influence of alcohol, drugs, a controlled
652 substance, or more than one of these;
653 (ii) driving a commercial motor vehicle while the concentration of alcohol in the
654 person's blood, breath, or urine is .04 grams or more;
655 (iii) leaving the scene of an accident involving a motor vehicle the person was driving;
656 (iv) failing to provide reasonable assistance or identification when involved in an
657 accident resulting in:
658 (A) death in accordance with Section 41-6a-401.5 ; or
659 (B) personal injury in accordance with Section 41-6a-401.3 ;
660 (v) using a motor vehicle in the commission of a felony;
661 (vi) refusal to submit to a test to determine the concentration of alcohol in the person's
662 blood, breath, or urine;
663 (vii) driving a commercial motor vehicle while the person's commercial driver license
664 is disqualified in accordance with the provisions of this section for violating an offense
665 described in this section; or
666 (viii) operating a commercial motor vehicle in a negligent manner causing the death of
667 another including the offenses of automobile homicide under Section 76-5-207 , manslaughter
668 under Section 76-5-205 , or negligent homicide under Section 76-5-206 .
669 (b) The division shall subtract from any disqualification period under Subsection
670 (1)(a)(i) the number of days for which a license was previously disqualified under Subsection
671 [53-3-414 (1)(b)] (1)(a)(ii) or (14) if the previous disqualification was based on the same
672 occurrence upon which the record of conviction is based.
673 (2) If any of the violations under Subsection (1) occur while the driver is transporting a
674 hazardous material required to be placarded, the driver is disqualified for not less than three
675 years.
676 (3) (a) Except as provided under Subsection (4), a driver of a motor vehicle who holds
677 or is required to hold a CDL is disqualified for life from driving a commercial motor vehicle if
678 convicted of or administrative action is taken for two or more of any of the offenses under

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- 23 - 679 Subsection (1), (5), or (14) arising from two or more separate incidents.
680 (b) Subsection (3)(a) applies only to those offenses committed after July 1, 1989.
681 (4) (a) Any driver disqualified for life from driving a commercial motor vehicle under
682 this section may apply to the division for reinstatement of the driver's CDL if the driver:
683 (i) has both voluntarily enrolled in and successfully completed an appropriate
684 rehabilitation program that:
685 (A) meets the standards of the division; and
686 (B) complies with 49 C.F.R. [Part] Sec. 383.51;
687 (ii) has served a minimum disqualification period of 10 years; and
688 (iii) has fully met the standards for reinstatement of commercial motor vehicle driving
689 privileges established by rule of the division.
690 (b) If a reinstated driver is subsequently convicted of another disqualifying offense
691 under this section, the driver is permanently disqualified for life and is ineligible to again apply
692 for a reduction of the lifetime disqualification.
693 (5) A driver of a motor vehicle who holds or is required to hold a CDL is disqualified
694 for life from driving a commercial motor vehicle if the driver uses a motor vehicle in the
695 commission of any felony involving the manufacturing, distributing, or dispensing of a
696 controlled substance, or possession with intent to manufacture, distribute, or dispense a
697 controlled substance and is ineligible to apply for a reduction of the lifetime disqualification
698 under Subsection (4).
699 (6) (a) Subject to Subsection (6)(b), a driver of a commercial motor vehicle who holds
700 or is required to hold a CDL is disqualified for not less than:
701 (i) 60 days from driving a commercial motor vehicle if the driver is convicted of two
702 serious traffic violations; and
703 (ii) 120 days if the driver is convicted of three or more serious traffic violations.
704 (b) The disqualifications under Subsection (6)(a) are effective only if the serious traffic
705 violations:
706 (i) occur within three years of each other;
707 (ii) arise from separate incidents; and
708 (iii) involve the use or operation of a commercial motor vehicle.
709 (c) If a driver of a commercial motor vehicle who holds or is required to hold a CDL is

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- 24 - 710 disqualified from driving a commercial motor vehicle and the division receives notice of a
711 subsequent conviction for a serious traffic violation that results in an additional disqualification
712 period under this Subsection (6), the subsequent disqualification period is effective beginning
713 on the ending date of the current serious traffic violation disqualification period.
714 (7) (a) A driver of a commercial motor vehicle who is convicted of violating an
715 out-of-service order while driving a commercial motor vehicle is disqualified from driving a
716 commercial motor vehicle for a period not less than:
717 (i) 180 days if the driver is convicted of a first violation;
718 (ii) two years if, during any 10 year period, the driver is convicted of two violations of
719 out-of-service orders in separate incidents;
720 (iii) three years but not more than five years if, during any 10 year period, the driver is
721 convicted of three or more violations of out-of-service orders in separate incidents;
722 (iv) 180 days but not more than two years if the driver is convicted of a first violation
723 of an out-of-service order while transporting hazardous materials required to be placarded or
724 while operating a motor vehicle designed to transport 16 or more passengers, including the
725 driver; or
726 (v) three years but not more than five years if, during any 10 year period, the driver is
727 convicted of two or more violations, in separate incidents, of an out-of-service order while
728 transporting hazardous materials required to be placarded or while operating a motor vehicle
729 designed to transport 16 or more passengers, including the driver.
730 (b) A driver of a commercial motor vehicle who is convicted of a first violation of an
731 out-of-service order is subject to a civil penalty of not less than $2,500.
732 (c) A driver of a commercial motor vehicle who is convicted of a second or subsequent
733 violation of an out-of-service order is subject to a civil penalty of not less than $5,000.
734 (8) A driver of a commercial motor vehicle who holds or is required to hold a CDL is
735 disqualified for not less than 60 days if the division determines, in its check of the driver's
736 driver license status, application, and record prior to issuing a CDL or at any time after the
737 CDL is issued, that the driver has falsified information required to apply for a CDL in this
738 state.
739 (9) A driver of a commercial motor vehicle who is convicted of violating a
740 railroad-highway grade crossing provision under Section 41-6a-1205 , while driving a

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- 25 - 741 commercial motor vehicle is disqualified from driving a commercial motor vehicle for a period
742 not less than:
743 (a) 60 days if the driver is convicted of a first violation;
744 (b) 120 days if, during any three-year period, the driver is convicted of a second
745 violation in separate incidents; or
746 (c) one year if, during any three-year period, the driver is convicted of three or more
747 violations in separate incidents.
748 (10) (a) The division shall update its records and notify the CDLIS within 10 days of
749 suspending, revoking, disqualifying, denying, or cancelling a CDL to reflect the action taken.
750 (b) When the division suspends, revokes, cancels, or disqualifies a nonresident CDL,
751 the division shall notify the licensing authority of the issuing state or other jurisdiction and the
752 CDLIS within 10 days after the action is taken.
753 (c) When the division suspends, revokes, cancels, or disqualifies a CDL issued by this
754 state, the division shall notify the CDLIS within 10 days after the action is taken.
755 (11) (a) The division may immediately suspend or disqualify the CDL of a driver
756 without a hearing or receiving a record of the driver's conviction when the division has reason
757 to believe that the:
758 (i) CDL was issued by the division through error or fraud;
759 (ii) applicant provided incorrect or incomplete information to the division;
760 (iii) applicant cheated on any part of a CDL examination;
761 (iv) driver no longer meets the fitness standards required to obtain a CDL; or
762 (v) driver poses an imminent hazard.
763 (b) Suspension of a CDL under this Subsection (11) shall be in accordance with
764 Section 53-3-221 .
765 (c) If a hearing is held under Section 53-3-221 , the division shall then rescind the
766 suspension order or cancel the CDL.
767 (12) (a) Subject to Subsection (12)(b), a driver of a motor vehicle who holds or is
768 required to hold a CDL is disqualified for not less than:
769 (i) 60 days from driving a commercial motor vehicle if the driver is convicted of two
770 serious traffic violations; and
771 (ii) 120 days if the driver is convicted of three or more serious traffic violations.

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- 26 - 772 (b) The disqualifications under Subsection (12)(a) are effective only if the serious
773 traffic violations:
774 (i) occur within three years of each other;
775 (ii) arise from separate incidents; and
776 (iii) result in a denial, suspension, cancellation, or revocation of the non-CDL driving
777 privilege from at least one of the violations.
778 (c) If a driver of a motor vehicle who holds or is required to hold a CDL is disqualified
779 from driving a commercial motor vehicle and the division receives notice of a subsequent
780 conviction for a serious traffic violation that results in an additional disqualification period
781 under this Subsection (12), the subsequent disqualification period is effective beginning on the
782 ending date of the current serious traffic violation disqualification period.
783 (13) (a) Upon receiving a notice that a person has entered into a plea of guilty or no
784 contest to a violation of a disqualifying offense described in this section which plea is held in
785 abeyance pursuant to a plea in abeyance agreement, the division shall disqualify, suspend,
786 cancel, or revoke the person's CDL for the period required under this section for a conviction of
787 that disqualifying offense, even if the charge has been subsequently reduced or dismissed in
788 accordance with the plea in abeyance agreement.
789 (b) The division shall report the plea in abeyance to the CDLIS within 10 days of
790 taking the action under Subsection (13)(a).
791 (c) A plea which is held in abeyance may not be removed from a person's driving
792 record for 10 years from the date of the plea in abeyance agreement, even if the charge is:
793 (i) reduced or dismissed in accordance with the plea in abeyance agreement; or
794 (ii) expunged under Section 77-40-105 .
795 (14) The division shall disqualify the CDL of a driver for an arrest of a violation of
796 Section 41-6a-502 when administrative action is taken against the operator's driving privilege
797 pursuant to Section 53-3-223 for a period of:
798 (a) one year; or
799 (b) three years if the violation occurred while transporting hazardous materials.
800 (15) The division may concurrently impose any disqualification periods that arise
801 under this section while a driver is disqualified by the Secretary of the United States
802 Department of Transportation under 49 C.F.R. Sec. 383.52 for posing an imminent hazard.

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Legislative Review Note
as of 11-14-12 12:07 PM

Office of Legislative Research and General Counsel

[Bill Documents]