53-3-207 (Superseded 01/01/10).   License certificates or driving privilege cards issued to drivers by class of motor vehicle -- Contents -- Release of anatomical gift information -- Temporary licenses or driving privilege cards -- Minors' licenses, cards, and permits -- Violation.
     (1) As used in this section:
     (a) "driving privilege" means the privilege granted under this chapter to drive a motor vehicle;
     (b) "governmental entity" means the state and its political subdivisions as defined in this Subsection (1);
     (c) "political subdivision" means any county, city, town, school district, public transit district, community development and renewal agency, special improvement or taxing district, local district, special service district, an entity created by an interlocal agreement adopted under Title 11, Chapter 13, Interlocal Cooperation Act, or other governmental subdivision or public corporation; and
     (d) "state" means this state, and includes any office, department, agency, authority, commission, board, institution, hospital, college, university, children's justice center, or other instrumentality of the state.
     (2) (a) The division shall issue to every person privileged to drive a motor vehicle, a license certificate or a driving privilege card indicating the type or class of motor vehicle the person may drive.
     (b) A person may not drive a class of motor vehicle unless granted the privilege in that class.
     (3) (a) Every license certificate or driving privilege card shall bear:
     (i) the distinguishing number assigned to the person by the division;
     (ii) the name, birth date, and Utah residence address of the person;
     (iii) a brief description of the person for the purpose of identification;
     (iv) any restrictions imposed on the license under Section 53-3-208;
     (v) a photograph of the person;
     (vi) a photograph or other facsimile of the person's signature; and
     (vii) an indication whether the person intends to make an anatomical gift under Title 26, Chapter 28, Revised Uniform Anatomical Gift Act, unless the driving privilege is extended under Subsection 53-3-214(3).
     (b) A new license certificate issued by the division may not bear the person's Social Security number.
     (c) (i) The license certificate or driving privilege card shall be of an impervious material, resistant to wear, damage, and alteration.
     (ii) Except as provided under Subsection (4)(b), the size, form, and color of the license certificate or driving privilege card shall be as prescribed by the commissioner.
     (iii) The commissioner may also prescribe the issuance of a special type of limited license certificate or driving privilege card under Subsection 53-3-220(4) and may authorize the issuance of a renewed or duplicate license certificate or driving privilege card without a picture if the applicant is not then living in the state.
     (4) (a) (i) The division upon determining after an examination that an applicant is mentally and physically qualified to be granted a driving privilege may issue to an applicant a receipt for the fee if the applicant is eligible for a license certificate.

     (ii) The receipt serves as a temporary license certificate allowing the person to drive a motor vehicle while the division is completing its investigation to determine whether the person is entitled to be granted a driving privilege.
     (b) The receipt shall be in the person's immediate possession while driving a motor vehicle, and it is invalid when the person's license certificate has been issued or when, for good cause, the privilege has been refused.
     (c) The division shall indicate on the receipt a date after which it is not valid as a license certificate.
     (d) (i) Except as provided in Subsection (4)(d)(ii), the division may not issue a receipt that serves as a temporary driving privilege card or other temporary permit to an applicant for a driving privilege card.
     (ii) The division may issue a learner permit issued in accordance with Section 53-3-210.5 to an applicant for a driving privilege card.
     (5) (a) The division shall distinguish learner permits, temporary permits, license certificates, and driving privilege cards issued to any person younger than 21 years of age by use of plainly printed information or the use of a color or other means not used for other license certificates or driving privilege cards.
     (b) The division shall distinguish a license certificate or driving privilege card issued to any person:
     (i) younger than 21 years of age by use of a portrait-style format not used for other license certificates or driving privilege cards and by plainly printing the date the license certificate or driving privilege card holder is 21 years of age, which is the legal age for purchasing an alcoholic beverage or product under Section 32A-12-203; and
     (ii) younger than 19 years of age, by plainly printing the date the license certificate or driving privilege card holder is 19 years of age, which is the legal age for purchasing tobacco products under Section 76-10-104.
     (6) (a) The division shall only issue a driving privilege card to a person whose privilege was obtained without using a Social Security number as required under Subsection 53-3-205(8).
     (b) The division shall distinguish a driving privilege card from a license certificate by:
     (i) use of a format, color, font, or other means; and
     (ii) clearly displaying on the front of the driving privilege card a phrase substantially similar to "FOR DRIVING PRIVILEGES ONLY -- NOT VALID FOR IDENTIFICATION".
     (7) The provisions of Subsection (5)(b) do not apply to a learner permit, temporary permit, or any other temporary permit or receipt issued by the division.
     (8) The division shall issue temporary license certificates of the same nature, except as to duration, as the license certificates that they temporarily replace, as are necessary to implement applicable provisions of this section and Section 53-3-223.
     (9) (a) A governmental entity may not accept a driving privilege card as proof of personal identification.
     (b) A driving privilege card may not be used as a document providing proof of a person's age for any government required purpose.
     (10) A person who violates Subsection (2)(b) is guilty of a class C misdemeanor.
     (11) Unless otherwise provided, the provisions, requirements, classes, endorsements, fees, restrictions, and sanctions under this code apply to a:
     (a) driving privilege in the same way as a license issued under this chapter; and

     (b) driving privilege card in the same way as a license certificate issued under this chapter.

Amended by Chapter 304, 2008 General Session
Amended by Chapter 322, 2008 General Session
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Last revised: Thursday, May 28, 2009