53-3-205 (Superseded 01/01/10).   Application for license or endorsement -- Fee required -- Tests -- Expiration dates of licenses and endorsements -- Information required -- Previous licenses surrendered -- Driving record transferred from other states -- Reinstatement -- Fee required -- License agreement.
     (1) An application for any original license, provisional license, or endorsement shall be:
     (a) made upon a form furnished by the division; and
     (b) accompanied by a nonrefundable fee set under Section 53-3-105.
     (2) An application and fee for an original provisional class D license or an original class D license entitle the applicant to:
     (a) not more than three attempts to pass both the knowledge and the skills tests for a class D license within six months of the date of the application;
     (b) a learner permit if needed pending completion of the application and testing process; and
     (c) an original class D license and license certificate after all tests are passed.
     (3) An application and fee for a motorcycle or taxicab endorsement entitle the applicant to:
     (a) not more than three attempts to pass both the knowledge and skills tests within six months of the date of the application;
     (b) a motorcycle learner permit after the motorcycle knowledge test is passed; and
     (c) a motorcycle or taxicab endorsement when all tests are passed.
     (4) An application and fees for a commercial class A, B, or C license entitle the applicant to:
     (a) not more than two attempts to pass a knowledge test and not more than two attempts to pass a skills test within six months of the date of the application;
     (b) a commercial driver instruction permit if needed after the knowledge test is passed; and
     (c) an original commercial class A, B, or C license and license certificate when all applicable tests are passed.
     (5) An application and fee for a CDL endorsement entitle the applicant to:
     (a) not more than two attempts to pass a knowledge test and not more than two attempts to pass a skills test within six months of the date of the application; and
     (b) a CDL endorsement when all tests are passed.
     (6) If a CDL applicant does not pass a knowledge test, skills test, or an endorsement test within the number of attempts provided in Subsection (4) or (5), each test may be taken two additional times within the six months for the fee provided in Section 53-3-105.
     (7) (a) Except as provided under Subsections (7)(f), (g), and (h), an original license expires on the birth date of the applicant in the fifth year following the year the license certificate was issued.
     (b) Except as provided under Subsections (7)(f), (g), (h), and (i), a renewal or an extension to a license expires on the birth date of the licensee in the fifth year following the expiration date of the license certificate renewed or extended.
     (c) Except as provided under Subsections (7)(f), (g), and (i), a duplicate license expires on the same date as the last license certificate issued.
     (d) An endorsement to a license expires on the same date as the license certificate regardless of the date the endorsement was granted.

     (e) A license and any endorsement to the license held by a person ordered to active duty and stationed outside Utah in any of the armed forces of the United States, which expires during the time period the person is stationed outside of the state, is valid until 90 days after the person has been discharged or has left the service, unless:
     (i) the license is suspended, disqualified, denied, or has been cancelled or revoked by the division; or
     (ii) the licensee updates the information or photograph on the license certificate.
     (f) An original license or a renewal to an original license obtained using proof under Subsection (8)(a)(i)(E)(III) expires on the date of the expiration of the applicant's foreign visa, permit, or other document granting legal presence in the United States or on the date provided under this Subsection (7), whichever is sooner.
     (g) (i) An original license or a renewal or a duplicate to an original license expires on the next birth date of the applicant or licensee beginning on July 1, 2005 if:
     (A) the license was obtained without using a Social Security number as required under Subsection (8); and
     (B) the license certificate or driving privilege card is not clearly distinguished as required under Subsection 53-3-207(6).
     (ii) A driving privilege card issued or renewed under Section 53-3-207 expires on the birth date of the applicant in the first year following the year that the driving privilege card was issued or renewed.
     (iii) The expiration dates provided under Subsections (7)(g)(i) and (ii) do not apply to an original license or driving privilege card or to the renewal of an original license or driving privilege card with an expiration date provided under Subsection (7)(f).
     (h) An original license or a renewal to an original license expires on the birth date of the applicant in the first year following the year that the license was issued if the applicant is required to register as a sex offender under Section 77-27-21.5.
     (8) (a) In addition to the information required by Title 63G, Chapter 4, Administrative Procedures Act, for requests for agency action, each applicant shall:
     (i) provide the applicant's:
     (A) full legal name;
     (B) birth date;
     (C) gender;
     (D) between July 1, 2002 and July 1, 2007, race in accordance with the categories established by the United States Census Bureau;
     (E) (I) Social Security number;
     (II) temporary identification number (ITIN) issued by the Internal Revenue Service for a person who does not qualify for a Social Security number; or
     (III) (Aa) proof that the applicant is a citizen of a country other than the United States;
     (Bb) proof that the applicant does not qualify for a Social Security number; and
     (Cc) proof of legal presence in the United States, as authorized under federal law; and
     (F) Utah residence address as documented by a form acceptable under rules made by the division under Section 53-3-104, unless the application is for a temporary CDL issued under Subsection 53-3-407(2)(b);
     (ii) provide a description of the applicant;
     (iii) state whether the applicant has previously been licensed to drive a motor vehicle

and, if so, when and by what state or country;
     (iv) state whether the applicant has ever had any license suspended, cancelled, revoked, disqualified, or denied in the last ten years, or whether the applicant has ever had any license application refused, and if so, the date of and reason for the suspension, cancellation, revocation, disqualification, denial, or refusal;
     (v) state whether the applicant intends to make an anatomical gift under Title 26, Chapter 28, Revised Uniform Anatomical Gift Act, in compliance with Subsection (15);
     (vi) state whether the applicant is required to register as a sex offender under Section 77-27-21.5;
     (vii) state whether the applicant is a military veteran and does or does not authorize sharing the information with the state Department of Veterans' Affairs;
     (viii) provide all other information the division requires; and
     (ix) sign the application which signature may include an electronic signature as defined in Section 46-4-102.
     (b) Each applicant shall have a Utah residence address, unless the application is for a temporary CDL issued under Subsection 53-3-407(2)(b).
     (c) The division shall maintain on its computerized records an applicant's:
     (i) (A) Social Security number;
     (B) temporary identification number (ITIN); or
     (C) other number assigned by the division if Subsection (8)(a)(i)(E)(III) applies; and
     (ii) indication whether the applicant is required to register as a sex offender under Section 77-27-21.5.
     (d) An applicant may not be denied a license for refusing to provide race information required under Subsection (8)(a)(i)(D).
     (9) The division shall require proof of every applicant's name, birthdate, and birthplace by at least one of the following means:
     (a) current license certificate;
     (b) birth certificate;
     (c) Selective Service registration; or
     (d) other proof, including church records, family Bible notations, school records, or other evidence considered acceptable by the division.
     (10) When an applicant receives a license in another class, all previous license certificates shall be surrendered and canceled. However, a disqualified commercial license may not be canceled unless it expires before the new license certificate is issued.
     (11) (a) When an application is received from a person previously licensed in another state to drive a motor vehicle, the division shall request a copy of the driver's record from the other state.
     (b) When received, the driver's record becomes part of the driver's record in this state with the same effect as though entered originally on the driver's record in this state.
     (12) An application for reinstatement of a license after the suspension, cancellation, disqualification, denial, or revocation of a previous license shall be accompanied by the additional fee or fees specified in Section 53-3-105.
     (13) A person who has an appointment with the division for testing and fails to keep the appointment or to cancel at least 48 hours in advance of the appointment shall pay the fee under Section 53-3-105.

     (14) A person who applies for an original license or renewal of a license agrees that the person's license is subject to any suspension or revocation authorized under this title or Title 41, Motor Vehicles.
     (15) (a) The indication of intent under Subsection (8)(a)(v) shall be authenticated by the licensee in accordance with division rule.
     (b) (i) Notwithstanding Title 63G, Chapter 2, Government Records Access and Management Act, the division may, upon request, release to an organ procurement organization, as defined in Section 26-28-102, the names and addresses of all persons who under Subsection (8)(a)(v) indicate that they intend to make an anatomical gift.
     (ii) An organ procurement organization may use released information only to:
     (A) obtain additional information for an anatomical gift registry; and
     (B) inform licensees of anatomical gift options, procedures, and benefits.
     (16) Notwithstanding Title 63G, Chapter 2, Government Records Access and Management Act, the division may release to the Department of Veterans' Affairs the names and addresses of all persons who indicate their status as a veteran under Subsection (8)(a)(vii).
     (17) The division and its employees are not liable, as a result of false or inaccurate information provided under Subsection (8)(a)(v) or (vii), for direct or indirect:
     (a) loss;
     (b) detriment; or
     (c) injury.
     (18) A person who knowingly fails to provide the information required under Subsection (8)(a)(vi) is guilty of a class A misdemeanor.

Amended by Chapter 356, 2009 General Session
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Last revised: Thursday, May 28, 2009