<part number="53-3-2"><catchline>Driver Licensing Act</catchline><section number="53-3-201"><histories><history>Enacted by Chapter <modchap sess="1993GS">234</modchap>, 1993 General Session</history><modyear>1993</modyear></histories><catchline>Short title.</catchline><tab/>This part is known as the "Driver Licensing Act."
</section><section number="53-3-202"><enddate type="SC">5/5/2027</enddate><histories><history>Amended by Chapter <modchap sess="2026GS">460</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Drivers must be licensed -- Violation.</catchline><subsection number="53-3-202(1)">A human driver may not drive a motor vehicle or an autocycle on a highway in this state unless the human driver is:<subsection number="53-3-202(1)(a)">granted the privilege to operate a motor vehicle by being licensed as a driver by the division under this chapter;</subsection><subsection number="53-3-202(1)(b)">driving an official United States Government class D motor vehicle with a valid United States Government driver permit or license for that type of vehicle;</subsection><subsection number="53-3-202(1)(c)"><subsection number="53-3-202(1)(c)(i)">driving a road roller, road machinery, or farm tractor or implement of husbandry temporarily drawn, moved, or propelled on the highways; and</subsection><subsection number="53-3-202(1)(c)(ii)">driving the vehicle described in Subsection <xref depth="4" refnumber="53-3-202(1)(c)(i)" start="0">(1)(c)(i)</xref> in conjunction with a construction or agricultural activity;</subsection></subsection><subsection number="53-3-202(1)(d)">a nonresident who is at least 16 years old and younger than 18 years old who has in the nonresident's immediate possession a valid license certificate issued to the nonresident in the nonresident's home state or country and is driving in the class or classes identified on the home state license certificate, except those persons referred to in <xref depth="2" refnumber="53-3-6" start="2">Part 6, Drivers' License Compact</xref>, of this chapter;</subsection><subsection number="53-3-202(1)(e)">a nonresident who is at least 18 years old and who has in the nonresident's immediate possession a valid license certificate issued to the nonresident in the nonresident's home state or country if driving in the class or classes identified on the home state license certificate, except those persons referred to in <xref depth="2" refnumber="53-3-6" start="2">Part 6, Drivers' License Compact</xref>, of this chapter;</subsection><subsection number="53-3-202(1)(f)">driving under a learner permit in accordance with Section <xref depth="3" refnumber="53-3-210.5" start="0">53-3-210.5</xref>;</subsection><subsection number="53-3-202(1)(g)">driving with a temporary license certificate issued in accordance with Section <xref depth="3" refnumber="53-3-207" start="0">53-3-207</xref>; or</subsection><subsection number="53-3-202(1)(h)">exempt under <xref depth="1" refnumber="41-22" start="0">Title 41, Chapter 22, Off-highway Vehicles</xref>.</subsection></subsection><subsection number="53-3-202(2)">A human driver may not drive a motor vehicle or perform lateral or longitudinal vehicle motion control for a vehicle being towed by another motor vehicle upon a highway unless the human driver:<subsection number="53-3-202(2)(a)">is licensed under this chapter to drive a motor vehicle of the type or class of motor vehicle being towed; or</subsection><subsection number="53-3-202(2)(b)">is exempted under either Subsection <xref depth="4" refnumber="53-3-202(1)(b)" start="0">(1)(b)</xref> or <xref depth="4" refnumber="53-3-202(1)(c)" start="0">(1)(c)</xref>.</subsection></subsection><subsection number="53-3-202(3)"><subsection number="53-3-202(3)(a)">A human driver may not drive a motor vehicle as a taxicab on a highway of this state unless the person has a valid class D driver license issued by the division.</subsection><subsection number="53-3-202(3)(b)">A human driver may not drive a motor vehicle as a private passenger carrier on a highway of this state unless the human driver has:<subsection number="53-3-202(3)(b)(i)">a taxicab endorsement issued by the division on the human driver's license certificate; or</subsection><subsection number="53-3-202(3)(b)(ii)">a commercial driver license with:<subsection number="53-3-202(3)(b)(ii)(A)">a taxicab endorsement;</subsection><subsection number="53-3-202(3)(b)(ii)(B)">a passenger endorsement; or</subsection><subsection number="53-3-202(3)(b)(ii)(C)">a school bus endorsement.</subsection></subsection></subsection><subsection number="53-3-202(3)(c)">Nothing in Subsection <xref depth="4" refnumber="53-3-202(3)(b)" start="0">(3)(b)</xref> is intended to exempt a human driver driving a motor vehicle as a private passenger carrier from regulation under other statutory and regulatory schemes, including:<subsection number="53-3-202(3)(c)(i)">49 C.F.R. Parts 350-399, Federal Motor Carrier Safety Regulations;</subsection><subsection number="53-3-202(3)(c)(ii)"><xref depth="1" refnumber="34-36" start="0">Title 34, Chapter 36, Transportation of Workers</xref>, and rules adopted by the Labor Commission in accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>; and</subsection><subsection number="53-3-202(3)(c)(iii)"><xref depth="1" refnumber="72-9" start="0">Title 72, Chapter 9, Motor Carrier Safety Act</xref>, and rules adopted by the Motor Carrier Division in accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>.</subsection></subsection></subsection><subsection number="53-3-202(4)"><subsection number="53-3-202(4)(a)">Except as provided in Subsections <xref depth="4" refnumber="53-3-202(4)(b)" start="0">(4)(b)</xref>, <xref depth="4" refnumber="53-3-202(4)(c)" start="0">(c)</xref>, <xref depth="4" refnumber="53-3-202(4)(d)" start="0">(d)</xref>, and <xref depth="4" refnumber="53-3-202(4)(e)" start="0">(e)</xref>, a human driver may not operate:<subsection number="53-3-202(4)(a)(i)">a motorcycle unless the human driver has a valid class D driver license and a motorcycle endorsement issued under this chapter;</subsection><subsection number="53-3-202(4)(a)(ii)">a street legal all-terrain vehicle unless the human driver has a valid class D driver license; or</subsection><subsection number="53-3-202(4)(a)(iii)">a motor-driven cycle unless the human driver has a valid class D driver license and a motorcycle endorsement issued under this chapter.</subsection></subsection><subsection number="53-3-202(4)(b)">A human driver operating a moped, as defined in Section <xref depth="3" refnumber="41-6a-102" start="0">41-6a-102</xref>, is not required to have a motorcycle endorsement issued under this chapter.</subsection><subsection number="53-3-202(4)(c)">An individual operating an electric assisted bicycle, as defined in Section <xref depth="3" refnumber="41-6a-102" start="0">41-6a-102</xref>, is not required to have a valid class D driver license or a motorcycle endorsement issued under this chapter.</subsection><subsection number="53-3-202(4)(d)">An individual is not required to have a valid class D driver license if the person is:<subsection number="53-3-202(4)(d)(i)">operating a motor assisted scooter, as defined in Section <xref depth="3" refnumber="41-6a-102" start="0">41-6a-102</xref>, in accordance with Section <xref depth="3" refnumber="41-6a-1115" start="0">41-6a-1115</xref>; or</subsection><subsection number="53-3-202(4)(d)(ii)">operating an electric personal assistive mobility device, as defined in Section <xref depth="3" refnumber="41-6a-102" start="0">41-6a-102</xref>, in accordance with Section <xref depth="3" refnumber="41-6a-1116" start="0">41-6a-1116</xref>.</subsection></subsection><subsection number="53-3-202(4)(e)">A human driver operating an autocycle is not required to have a motorcycle endorsement issued under this chapter.</subsection></subsection><subsection number="53-3-202(5)">An automated driving system as defined in Section <xref depth="3" refnumber="41-26-102.1" start="0">41-26-102.1</xref> is not required to have a driver license.</subsection><subsection number="53-3-202(6)"><subsection number="53-3-202(6)(a)">As used in this Subsection <xref depth="4" refnumber="53-3-202(6)">(6)</xref>, a "quick fingerprint" is a fingerprint, taken on a biometric device, that is:<subsection number="53-3-202(6)(a)(i)">taken for the purpose of identifying an individual;</subsection><subsection number="53-3-202(6)(a)(ii)">queried against the Automated Fingerprint Identification System, Bureau of Criminal Identification fingerprint database, National Crime Information Center database, or a similar fingerprint database system;</subsection><subsection number="53-3-202(6)(a)(iii)">not added to or stored in the Automated Fingerprint Identification System, Bureau of Criminal Identification fingerprint database, National Crime Information Center database, or a similar fingerprint database system; and</subsection><subsection number="53-3-202(6)(a)(iv)">accomplished in approximately 15 minutes or less.</subsection></subsection><subsection number="53-3-202(6)(b)">An individual without a driver license, driving privilege card, or learner permit that is lawfully subjected to a stop by a peace officer as described in Section <xref depth="3" refnumber="77-7-15">77-7-15</xref> shall present another form of government-issued identification.</subsection><subsection number="53-3-202(6)(c)">Subject to Subsection <xref depth="4" refnumber="53-3-202(7)">(7)</xref>, a peace officer shall take a quick fingerprint of an individual described in Subsection <xref depth="4" refnumber="53-3-202(6)(b)">(6)(b)</xref> if:<subsection number="53-3-202(6)(c)(i)">the peace officer is unable to verify that the individual has been issued a driving credential;</subsection><subsection number="53-3-202(6)(c)(ii)">the individual does not provide a form of identification; or</subsection><subsection number="53-3-202(6)(c)(iii)">the peace officer has reasonable suspicion to believe that the form of identification presented is fraudulent.</subsection></subsection><subsection number="53-3-202(6)(d)">Nothing in this Subsection <xref depth="4" refnumber="53-3-202(6)">(6)</xref> prohibits a peace officer from conducting a full fingerprint panel subject to a noncustodial booking.</subsection></subsection><subsection number="53-3-202(7)">A peace officer is not required to comply with Subsection <xref depth="4" refnumber="53-3-202(6)(c)">(6)(c)</xref> if the peace officer makes a reasonable determination that:<subsection number="53-3-202(7)(a)">doing so would create a safety concern for the driver or peace officer;</subsection><subsection number="53-3-202(7)(b)">doing so would prevent the peace officer from addressing other public safety considerations;</subsection><subsection number="53-3-202(7)(c)">the peace officer does not have adequate equipment to take a fingerprint;</subsection><subsection number="53-3-202(7)(d)">the driver is under 18 years old; or</subsection><subsection number="53-3-202(7)(e)">the peace officer would be unable to complete a fingerprint check due to lack of cellular service.</subsection></subsection><subsection number="53-3-202(8)">A law enforcement agency shall ensure access to fingerprinting equipment to comply with Subsection <xref depth="4" refnumber="53-3-202(6)">(6)</xref> no later than January 1, 2028.</subsection><subsection number="53-3-202(9)"><subsection number="53-3-202(9)(a)">Except as described in Subsection <xref depth="4" refnumber="53-3-202(9)(b)">(9)(b)</xref> and <xref depth="4" refnumber="53-3-202(9)(c)">(9)(c)</xref>, an individual who violates this section is guilty of an infraction.</subsection><subsection number="53-3-202(9)(b)"><subsection number="53-3-202(9)(b)(i)">Except as provided in Subsection (9)(b)(iii), an individual who violates Subsection <xref tempid="752" depth="4" refnumber="53-3-202(4)(a)(i)">(4)(a)(i)</xref> or (4)(a)(iii) is subject to a minimum fine of $350.</subsection><subsection number="53-3-202(9)(b)(ii)">The fine described in Subsection (9)(b)(i) is in addition to any other fine for a violation of Title 41, Chapter 6a, Traffic Code, or a local ordinance related to the operation of the motorcycle.</subsection><subsection number="53-3-202(9)(b)(iii)"><subsection number="53-3-202(9)(b)(iii)(A)">A court shall waive the fine imposed under Subsection (9)(b)(i) if the individual provides to the court within 30 days from the day on which the individual enters a plea, or within 30 days from the day on which the court imposes a sentence, whichever is later, proof that the individual has been issued a motorcycle endorsement as provided in this chapter.</subsection><subsection number="53-3-202(9)(b)(iii)(B)">A court may extend the 30-day time period described in Subsection (9)(b)(iii)(A) for a reasonable time period for the individual to obtain a motorcycle endorsement for good cause shown.</subsection></subsection></subsection><subsection number="53-3-202(9)(c)"><subsection number="53-3-202(9)(c)(i)">An individual is guilty of a class B misdemeanor if, at the time of the offense, the individual has previously been convicted of a violation of this section.</subsection><subsection number="53-3-202(9)(c)(ii)">In addition to the penalties described in Subsections <xref depth="4" refnumber="53-3-202(9)(a)">(9)(a)</xref>, (b), and (c)(i), an individual who violates this section is also subject to seizure of the vehicle as described in Section <xref depth="3" refnumber="41-1a-1101">41-1a-1101</xref>.</subsection></subsection></subsection></section><section number="53-3-202"><effdate>5/5/2027</effdate><histories><history>Amended by Chapter <modchap sess="2026GS">334</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Drivers shall be licensed -- Violation. be licensed -- Violation.</catchline><subsection number="53-3-202(1)">A human driver may not drive a motor vehicle or an autocycle on a highway in this state unless the human driver is:<subsection number="53-3-202(1)(a)">granted the privilege to operate a motor vehicle by being licensed as a driver by the division under this chapter;</subsection><subsection number="53-3-202(1)(b)">driving an official United States Government class D motor vehicle with a valid United States Government driver permit or license for that type of vehicle;</subsection><subsection number="53-3-202(1)(c)"><subsection number="53-3-202(1)(c)(i)">driving a road roller, road machinery, or farm tractor or implement of husbandry temporarily drawn, moved, or propelled on the highways; and</subsection><subsection number="53-3-202(1)(c)(ii)">driving the vehicle described in Subsection <xref depth="4" refnumber="53-3-202(1)(c)(i)" start="0">(1)(c)(i)</xref> in conjunction with a construction or agricultural activity;</subsection></subsection><subsection number="53-3-202(1)(d)">a nonresident who is at least 16 years old and younger than 18 years old who has in the nonresident's immediate possession a valid license certificate issued to the nonresident in the nonresident's home state or country and is driving in the class or classes identified on the home state license certificate, except those persons referred to in <xref depth="2" refnumber="53-3-6" start="2">Part 6, Drivers' License Compact</xref>, of this chapter;</subsection><subsection number="53-3-202(1)(e)">a nonresident who is at least 18 years old and who has in the nonresident's immediate possession a valid license certificate issued to the nonresident in the nonresident's home state or country if driving in the class or classes identified on the home state license certificate, except those persons referred to in <xref depth="2" refnumber="53-3-6" start="2">Part 6, Drivers' License Compact</xref>, of this chapter;</subsection><subsection number="53-3-202(1)(f)">driving under a learner permit in accordance with Section <xref depth="3" refnumber="53-3-210.5" start="0">53-3-210.5</xref>;</subsection><subsection number="53-3-202(1)(g)">driving with a temporary license certificate issued in accordance with Section <xref depth="3" refnumber="53-3-207" start="0">53-3-207</xref>; or</subsection><subsection number="53-3-202(1)(h)">exempt under <xref depth="1" refnumber="41-22" start="0">Title 41, Chapter 22, Off-highway Vehicles</xref>.</subsection></subsection><subsection number="53-3-202(2)">A human driver may not drive a motor vehicle or perform lateral or longitudinal vehicle motion control for a vehicle being towed by another motor vehicle upon a highway unless the human driver:<subsection number="53-3-202(2)(a)">is licensed under this chapter to drive a motor vehicle of the type or class of motor vehicle being towed; or</subsection><subsection number="53-3-202(2)(b)">is exempted under either Subsection <xref depth="4" refnumber="53-3-202(1)(b)" start="0">(1)(b)</xref> or <xref depth="4" refnumber="53-3-202(1)(c)" start="0">(1)(c)</xref>.</subsection></subsection><subsection number="53-3-202(3)"><subsection number="53-3-202(3)(a)">A human driver may not drive a motor vehicle as a taxicab on a highway of this state unless the individual has a valid class D driver license issued by the division.</subsection><subsection number="53-3-202(3)(b)">A human driver may not drive a motor vehicle as a private passenger carrier on a highway of this state unless the human driver has:<subsection number="53-3-202(3)(b)(i)">a taxicab endorsement issued by the division on the human driver's license certificate; or</subsection><subsection number="53-3-202(3)(b)(ii)">a commercial driver license with:<subsection number="53-3-202(3)(b)(ii)(A)">a taxicab endorsement;</subsection><subsection number="53-3-202(3)(b)(ii)(B)">a passenger endorsement; or</subsection><subsection number="53-3-202(3)(b)(ii)(C)">a school bus endorsement.</subsection></subsection></subsection><subsection number="53-3-202(3)(c)">Nothing in Subsection <xref depth="4" refnumber="53-3-202(3)(b)" start="0">(3)(b)</xref> is intended to exempt a human driver driving a motor vehicle as a private passenger carrier from regulation under other statutory and regulatory schemes, including:<subsection number="53-3-202(3)(c)(i)">49 C.F.R. Parts 350-399, Federal Motor Carrier Safety Regulations;</subsection><subsection number="53-3-202(3)(c)(ii)"><xref depth="1" refnumber="34-36" start="0">Title 34, Chapter 36, Transportation of Workers</xref>, and rules adopted by the Labor Commission in accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>; and</subsection><subsection number="53-3-202(3)(c)(iii)"><xref depth="1" refnumber="72-9" start="0">Title 72, Chapter 9, Motor Carrier Safety Act</xref>, and rules adopted by the Motor Carrier Division in accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>.</subsection></subsection></subsection><subsection number="53-3-202(4)"><subsection number="53-3-202(4)(a)">A human driver may not operate:<subsection number="53-3-202(4)(a)(i)">a motorcycle, including an electric motorcycle, unless the human driver has a valid class D driver license and a motorcycle endorsement issued under this chapter; or</subsection><subsection number="53-3-202(4)(a)(ii)">a street legal all-terrain vehicle unless the human driver has a valid class D driver license.</subsection></subsection><subsection number="53-3-202(4)(b)">Notwithstanding Subsection <xref depth="4" refnumber="53-3-202(4)(a)">(4)(a)</xref>, a human driver operating a moped, as defined in Section <xref depth="3" refnumber="41-6a-102" start="0">41-6a-102</xref>, is not required to have a motorcycle endorsement issued under this chapter.</subsection><subsection number="53-3-202(4)(c)">An individual is not required to have a valid class D driver license if the person is:<subsection number="53-3-202(4)(c)(i)">operating a motor assisted scooter, as defined in Section <xref depth="3" refnumber="41-6a-102" start="0">41-6a-102</xref>, in accordance with Section <xref depth="3" refnumber="41-6a-1115" start="0">41-6a-1115</xref>; or</subsection><subsection number="53-3-202(4)(c)(ii)">operating an electric personal assistive mobility device, as defined in Section <xref depth="3" refnumber="41-6a-102" start="0">41-6a-102</xref>, in accordance with Section <xref depth="3" refnumber="41-6a-1116" start="0">41-6a-1116</xref>.</subsection></subsection><subsection number="53-3-202(4)(d)">A human driver operating an autocycle is not required to have a motorcycle endorsement issued under this chapter.</subsection></subsection><subsection number="53-3-202(5)"><subsection number="53-3-202(5)(a)">As used in this Subsection <xref depth="4" refnumber="53-3-202(5)">(5)</xref>, "personal electric vehicle safety certificate" means the same as that term is defined in Section <xref depth="3" refnumber="41-6a-1512">41-6a-1512</xref>.</subsection><subsection number="53-3-202(5)(b)">An individual under 16 years old:<subsection number="53-3-202(5)(b)(i)">is not required to hold a class D driver license or a motorcycle endorsement to operate an electric assisted bicycle on a highway; and</subsection><subsection number="53-3-202(5)(b)(ii)">may not operate an electric assisted bicycle on a highway unless:<subsection number="53-3-202(5)(b)(ii)(A)">the individual obtains a personal electric vehicle safety certificate; or</subsection><subsection number="53-3-202(5)(b)(ii)(B)">the individual is under direct supervision of the individual's parent or another responsible adult.</subsection></subsection></subsection><subsection number="53-3-202(5)(c)">An individual who is 16 years old or older may operate an electric assisted bicycle or a motor assisted scooter on a highway without:<subsection number="53-3-202(5)(c)(i)">a class D driver license;</subsection><subsection number="53-3-202(5)(c)(ii)">a motorcycle endorsement; or</subsection><subsection number="53-3-202(5)(c)(iii)">a personal electric vehicle safety certificate.</subsection></subsection><subsection number="53-3-202(5)(d)">Notwithstanding the requirement described in Subsection <xref depth="4" refnumber="53-3-202(4)(a)(i)">(4)(a)(i)</xref>, an individual who is 16 years old or older may operate a high power electric device on a highway if the individual has a class D driver license.</subsection></subsection><subsection number="53-3-202(6)">A peace officer may not stop an individual under suspicion of that individual violating Subsection <xref depth="4" refnumber="53-3-202(5)">(5)</xref> unless the peace officer observes the individual violate another provision of law.</subsection><subsection number="53-3-202(7)">An automated driving system as defined in Section <xref depth="3" refnumber="41-26-102.1" start="0">41-26-102.1</xref> is not required to have a driver license.</subsection><subsection number="53-3-202(8)"><subsection number="53-3-202(8)(a)">As used in this Subsection <xref depth="4" refnumber="53-3-202(8)">(8)</xref>, a "quick fingerprint" is a fingerprint, taken on a biometric device, that is:<subsection number="53-3-202(8)(a)(i)">taken for the purpose of identifying an individual;</subsection><subsection number="53-3-202(8)(a)(ii)">queried against the Automated Fingerprint Identification System, Bureau of Criminal Identification fingerprint database, National Crime Information Center database, or a similar fingerprint database system;</subsection><subsection number="53-3-202(8)(a)(iii)">not added to or stored in the Automated Fingerprint Identification System, Bureau of Criminal Identification fingerprint database, National Crime Information Center database, or a similar fingerprint database system; and</subsection><subsection number="53-3-202(8)(a)(iv)">accomplished in approximately 15 minutes or less.</subsection></subsection><subsection number="53-3-202(8)(b)">An individual without a driver license, driving privilege card, or learner permit that is lawfully subjected to a stop by a peace officer as described in Section <xref depth="3" refnumber="77-7-15">77-7-15</xref> shall present another form of government-issued identification.</subsection><subsection number="53-3-202(8)(c)">Subject to Subsection <xref depth="4" refnumber="53-3-202(9)">(9)</xref>, a peace officer shall take a quick fingerprint of an individual described in Subsection <xref depth="4" refnumber="53-3-202(8)(b)">(8)(b)</xref> if:<subsection number="53-3-202(8)(c)(i)">the peace officer is unable to verify that the individual has been issued a driving credential;</subsection><subsection number="53-3-202(8)(c)(ii)">the individual does not provide a form of identification; or</subsection><subsection number="53-3-202(8)(c)(iii)">the peace officer has reasonable suspicion to believe that the form of identification presented is fraudulent.</subsection></subsection><subsection number="53-3-202(8)(d)">Nothing in this Subsection <xref depth="4" refnumber="53-3-202(8)">(8)</xref> prohibits a peace officer from conducting a full fingerprint panel subject to a noncustodial booking.</subsection></subsection><subsection number="53-3-202(9)">A peace officer is not required to comply with Subsection <xref depth="4" refnumber="53-3-202(8)(c)">(8)(c)</xref> if the peace officer makes a reasonable determination that:<subsection number="53-3-202(9)(a)">doing so would create a safety concern for the driver or peace officer;</subsection><subsection number="53-3-202(9)(b)">doing so would prevent the peace officer from addressing other public safety considerations;</subsection><subsection number="53-3-202(9)(c)">the peace officer does not have adequate equipment to take a fingerprint;</subsection><subsection number="53-3-202(9)(d)">the driver is under 18 years old; or</subsection><subsection number="53-3-202(9)(e)">the peace officer would be unable to complete a fingerprint check due to lack of cellular service.</subsection></subsection><subsection number="53-3-202(10)">A law enforcement agency shall ensure access to fingerprinting equipment to comply with Subsection <xref depth="4" refnumber="53-3-202(8)">(8)</xref> no later than January 1, 2028.</subsection><subsection number="53-3-202(11)"><subsection number="53-3-202(11)(a)">Except as described in Subsection <xref depth="4" refnumber="53-3-202(11)(b)">(11)(b)</xref> and <xref depth="4" refnumber="53-3-202(11)(c)">(11)(c)</xref>, an individual who violates this section is guilty of an infraction.</subsection><subsection number="53-3-202(11)(b)"><subsection number="53-3-202(11)(b)(i)">Except as provided in Subsection (11)(b)(iii), an individual who violates Subsection <xref tempid="752" depth="4" refnumber="53-3-202(4)(a)(i)">(4)(a)(i)</xref> is subject to a minimum fine of $350.</subsection><subsection number="53-3-202(11)(b)(ii)">The fine described in Subsection (11)(b)(i) is in addition to any other fine for a violation of Title 41, Chapter 6a, Traffic Code, or a local ordinance related to the operation of the motorcycle.</subsection><subsection number="53-3-202(11)(b)(iii)"><subsection number="53-3-202(11)(b)(iii)(A)">A court shall waive the fine imposed under Subsection (11)(b)(i) if the individual provides to the court within 30 days from the day on which the individual enters a plea, or within 30 days from the day on which the court imposes a sentence, whichever is later, proof that the individual has been issued a motorcycle endorsement as provided in this chapter.</subsection><subsection number="53-3-202(11)(b)(iii)(B)">A court may extend the 30-day time period described in Subsection (11)(b)(iii)(A) for a reasonable time period for the individual to obtain a motorcycle endorsement for good cause shown.</subsection></subsection></subsection><subsection number="53-3-202(11)(c)"><subsection number="53-3-202(11)(c)(i)">An individual is guilty of a class B misdemeanor if, at the time of the offense, the individual has previously been convicted of a violation of this section.</subsection><subsection number="53-3-202(11)(c)(ii)">In addition to the penalties described in Subsections <xref depth="4" refnumber="53-3-202(11)(a)">(11)(a)</xref>, (b), and (c)(i), an individual who violates this section is also subject to seizure of the vehicle as described in Section <xref depth="3" refnumber="41-1a-1101">41-1a-1101</xref>.</subsection></subsection></subsection></section><section number="53-3-203"><histories><history>Amended by Chapter <modchap sess="2026GS">460</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Authorizing or permitting driving in violation of chapter -- Renting of motor vehicles -- License requirements -- Employees must be licensed -- Violations.</catchline><subsection number="53-3-203(1)">A person may not authorize or knowingly permit a motor vehicle owned by the person or under the person's control to be driven by a person in violation of this chapter.</subsection><subsection number="53-3-203(2)"><subsection number="53-3-203(2)(a)">A person may not rent a motor vehicle to another person unless the person who will be the driver is licensed in this state, or in the case of a nonresident, licensed under the laws of the state or country of residence.</subsection><subsection number="53-3-203(2)(b)">A person may not rent a motor vehicle to another person until the person:<subsection number="53-3-203(2)(b)(i)">has inspected the license certificate of the person who will be the driver; and</subsection><subsection number="53-3-203(2)(b)(ii)">verified the signature on the license certificate by comparison with the signature of the person who will be the driver written in the person's presence.</subsection></subsection><subsection number="53-3-203(2)(c)"><subsection number="53-3-203(2)(c)(i)">A person may verify the information described in Subsection <xref depth="4" refnumber="53-3-203(2)(b)" start="0">(2)(b)</xref> for a subsequent vehicle rental through the use of an electronic system maintained by the person for the purposes of expediting the vehicle rental process.</subsection><subsection number="53-3-203(2)(c)(ii)">The electronic system described in Subsection <xref depth="4" refnumber="53-3-203(2)(c)(i)" start="0">(2)(c)(i)</xref> may contain information voluntarily provided by the person who will be the driver including:<subsection number="53-3-203(2)(c)(ii)(A)">information included on the driver license certificate; and</subsection><subsection number="53-3-203(2)(c)(ii)(B)">biometric information.</subsection></subsection></subsection><subsection number="53-3-203(2)(d)">A person renting a motor vehicle to another shall keep a record of the:<subsection number="53-3-203(2)(d)(i)">registration number of the rented motor vehicle;</subsection><subsection number="53-3-203(2)(d)(ii)">name and address of the person to whom the motor vehicle is rented;</subsection><subsection number="53-3-203(2)(d)(iii)">number of the license certificate of the renter; and</subsection><subsection number="53-3-203(2)(d)(iv)">date and place the license certificate was issued.</subsection></subsection><subsection number="53-3-203(2)(e)">The record is open to inspection by a peace officer or officer or employee of the division.</subsection></subsection><subsection number="53-3-203(3)">A person may not employ a person to drive a motor vehicle who is not licensed as required under this chapter.</subsection><subsection number="53-3-203(4)">A person who violates this section is guilty of an infraction and subject to a minimum fine of $500.</subsection></section><section number="53-3-204"><histories><history>Amended by Chapter <modchap sess="2026GS">454</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Persons who may not be licensed.</catchline><subsection number="53-3-204(1)"><subsection number="53-3-204(1)(a)">The division may not license a person who:<subsection number="53-3-204(1)(a)(i)">is younger than 16 years old;</subsection><subsection number="53-3-204(1)(a)(ii)">if the person is 18 years old or younger, has not completed a course in driver training approved by the commissioner;</subsection><subsection number="53-3-204(1)(a)(iii)">if the person is 19 years old or older has not completed:<subsection number="53-3-204(1)(a)(iii)(A)">a course in driver training approved by the commissioner; or</subsection><subsection number="53-3-204(1)(a)(iii)(B)">the requirements described in Subsection <xref refnumber="4-null-37">53-3-210.5(7)(c)</xref>;</subsection></subsection><subsection number="53-3-204(1)(a)(iv)">if the person is a minor as defined in Section <xref depth="3" refnumber="53-3-211" start="0">53-3-211</xref>, has not completed the driving requirement described in Section <xref depth="3" refnumber="53-3-211" start="0">53-3-211</xref>;</subsection><subsection number="53-3-204(1)(a)(v)">is not a resident of the state, unless the person qualifies for a non domiciled CDL as defined in 49 C.F.R. <ext_ref depth="2" refnumber="53-3-383" start="2" type="Code of Federal Regulations">Part 383</ext_ref>;</subsection><subsection number="53-3-204(1)(a)(vi)">if the person is 17 years old or younger, has not held a learner permit issued under Section <xref depth="3" refnumber="53-3-210.5" start="0">53-3-210.5</xref> or an equivalent by another state or branch of the United States Armed Forces for six months; or</subsection><subsection number="53-3-204(1)(a)(vii)">is younger than 18 years old and applying for a CDL under 49 C.F.R. <ext_ref depth="2" refnumber="53-3-383" start="2" type="Code of Federal Regulations">Part 383</ext_ref>.</subsection></subsection><subsection number="53-3-204(1)(b)">Subsections <xref depth="4" refnumber="53-3-204(1)(a)(i)" start="0">(1)(a)(i)</xref>, <xref depth="4" refnumber="53-3-204(1)(a)(ii)" start="0">(ii)</xref>, <xref depth="4" refnumber="53-3-204(1)(a)(iii)" start="0">(iii)</xref>, <xref depth="4" refnumber="53-3-204(1)(a)(iv)" start="0">(iv)</xref>, and <xref depth="4" refnumber="53-3-204(1)(a)(vi)" start="0">(vi)</xref> do not apply to an individual:<subsection number="53-3-204(1)(b)(i)">who has been licensed before July 1, 1967; or</subsection><subsection number="53-3-204(1)(b)(ii)">16 years old or older applying for a license who has been licensed in another state or country.</subsection></subsection></subsection><subsection number="53-3-204(2)">The division may not issue a license certificate to an individual:<subsection number="53-3-204(2)(a)">whose license has been suspended, denied, cancelled, or disqualified during the period of suspension, denial, cancellation, or disqualification;</subsection><subsection number="53-3-204(2)(b)">whose privilege has been revoked, except as provided in Section <xref depth="3" refnumber="53-3-225" start="0">53-3-225</xref>;</subsection><subsection number="53-3-204(2)(c)">who has previously been adjudged mentally incompetent and who has not at the time of application been restored to competency as provided by law;</subsection><subsection number="53-3-204(2)(d)">who is required under this chapter to take an examination unless the individual successfully passes the examination;</subsection><subsection number="53-3-204(2)(e)">whose driving privileges are denied or suspended under:<subsection number="53-3-204(2)(e)(i)">Section <xref depth="3" refnumber="80-6-707" start="0">80-6-707</xref> by an order of the juvenile court; or</subsection><subsection number="53-3-204(2)(e)(ii)">Section <xref depth="3" refnumber="53-3-231" start="0">53-3-231</xref>; or</subsection></subsection><subsection number="53-3-204(2)(f)">beginning on or after July 1, 2012, who holds an unexpired Utah identification card issued under <xref depth="2" refnumber="53-3-8" start="2">Part 8, Identification Card Act</xref>, unless:<subsection number="53-3-204(2)(f)(i)">the Utah identification card is canceled; and</subsection><subsection number="53-3-204(2)(f)(ii)">if the Utah identification card is in the person's possession, the Utah identification card is surrendered to the division.</subsection></subsection></subsection><subsection number="53-3-204(3)"><subsection number="53-3-204(3)(a)">Except as provided in Subsection (3)(b) or (c), the division may not grant a motorcycle endorsement to an individual who:<subsection number="53-3-204(3)(a)(i)">does not hold an original or provisional class D license, a CDL, or an out-of-state equivalent to an original or provisional class D license or a CDL; or</subsection><subsection number="53-3-204(3)(a)(ii)">if the individual is under 19 years old, has not held a motorcycle learner permit for two months.</subsection></subsection><subsection number="53-3-204(3)(b)">The division may waive the two-month motorcycle learner permit holding period requirement described in Subsection <xref depth="4" refnumber="53-3-204(3)(a)(ii)" start="0">(3)(a)(ii)</xref> if the individual proves to the satisfaction of the division that the individual has completed a motorcycle rider education program that meets the requirements described in Section <xref depth="3" refnumber="53-3-903" start="0">53-3-903</xref>.</subsection><subsection number="53-3-204(3)(c)">The division may grant a motorcycle endorsement to an individual under 19 years old who has not held a motorcycle learner permit for two months if the individual was issued a motorcycle endorsement before July 1, 2008.</subsection></subsection><subsection number="53-3-204(4)">The division may grant a class D license to an individual whose commercial license is disqualified under <xref depth="2" refnumber="53-3-4" start="2">Part 4, Uniform Commercial Driver License Act</xref>, if the person is not otherwise sanctioned under this chapter.</subsection></section><section number="53-3-205"><histories><history>Amended by Chapter <modchap sess="2026GS">454</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>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.</catchline><subsection number="53-3-205(1)">An application for an original license, provisional license, or endorsement shall be:<subsection number="53-3-205(1)(a)">made upon a form furnished by the division; and</subsection><subsection number="53-3-205(1)(b)">accompanied by a nonrefundable fee set under Section <xref depth="3" refnumber="53-3-105">53-3-105</xref>.</subsection></subsection><subsection number="53-3-205(2)">An application and fee for an original provisional class D license or an original class D license entitle the applicant to:<subsection number="53-3-205(2)(a)">not more than three attempts to pass both the knowledge and the skills tests for a class D license within six months after the date of the application;</subsection><subsection number="53-3-205(2)(b)">a learner permit if needed pending completion of the application and testing process; and</subsection><subsection number="53-3-205(2)(c)">an original class D license and license certificate after all tests are passed and requirements are completed.</subsection></subsection><subsection number="53-3-205(3)">An application and fee for a motorcycle or taxicab endorsement entitle the applicant to:<subsection number="53-3-205(3)(a)">not more than three attempts to pass both the knowledge and skills tests within six months after the date of the application;</subsection><subsection number="53-3-205(3)(b)">a motorcycle learner permit after the motorcycle knowledge test is passed; and</subsection><subsection number="53-3-205(3)(c)">a motorcycle or taxicab endorsement when all tests are passed.</subsection></subsection><subsection number="53-3-205(4)">An application for a commercial class A, B, or C license entitles the applicant to:<subsection number="53-3-205(4)(a)">not more than two attempts to pass a knowledge test when accompanied by the fee provided in Subsection <xref depth="4" refnumber="53-3-105(18)">53-3-105(18)</xref>;</subsection><subsection number="53-3-205(4)(b)">not more than two attempts to pass a skills test when accompanied by a fee in Subsection <xref depth="4" refnumber="53-3-105(19)">53-3-105(19)</xref> within six months after the date of application;</subsection><subsection number="53-3-205(4)(c)">both a commercial driver instruction permit and a temporary license permit for the license class held before the applicant submits the application if needed after the knowledge test is passed; and</subsection><subsection number="53-3-205(4)(d)">an original commercial class A, B, or C license and license certificate when all applicable tests are passed.</subsection></subsection><subsection number="53-3-205(5)">An application and fee for a CDL endorsement entitle the applicant to:<subsection number="53-3-205(5)(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 after the date of the application; and</subsection><subsection number="53-3-205(5)(b)">a CDL endorsement when all tests are passed.</subsection></subsection><subsection number="53-3-205(6)"><subsection number="53-3-205(6)(a)">If a CDL applicant does not pass a knowledge test, skills test, or an endorsement test within the number of attempts provided in Subsection <xref depth="4" refnumber="53-3-205(4)">(4)</xref> or <xref depth="4" refnumber="53-3-205(5)">(5)</xref>, each test may be taken two additional times within the six months for the fee provided in Section <xref depth="3" refnumber="53-3-105">53-3-105</xref>.</subsection><subsection number="53-3-205(6)(b)"><subsection number="53-3-205(6)(b)(i)">An out-of-state resident who holds a valid CDIP issued by a state or jurisdiction that is compliant with 49 C.F.R. Part 383 may take a skills test administered by the division if the out-of-state resident pays the fee provided in Subsection <xref depth="4" refnumber="53-3-105(19)">53-3-105(19)</xref>.</subsection><subsection number="53-3-205(6)(b)(ii)">The division shall:<subsection number="53-3-205(6)(b)(ii)(A)">electronically transmit skills test results for an out-of-state resident to the licensing agency in the state or jurisdiction in which the out-of-state resident has obtained a valid CDIP; and</subsection><subsection number="53-3-205(6)(b)(ii)(B)">provide the out-of-state resident with documentary evidence upon successful completion of the skills test.</subsection></subsection></subsection></subsection><subsection number="53-3-205(7)"><subsection number="53-3-205(7)(a)"><subsection number="53-3-205(7)(a)(i)">Except as provided under Subsections <xref depth="4" refnumber="53-3-205(7)(a)(ii)">(7)(a)(ii)</xref>, (f), and (g), an original class D license expires on the birth date of the applicant in the eighth year after the year the license certificate was issued.</subsection><subsection number="53-3-205(7)(a)(ii)">An original provisional class D license expires on the birth date of the applicant in the fifth year following the year the license certificate was issued.</subsection><subsection number="53-3-205(7)(a)(iii)">Except as provided in Subsection <xref depth="4" refnumber="53-3-205(7)(f)">(7)(f)</xref>, a limited term class D license expires on the birth date of the applicant in the fifth year the license certificate was issued.</subsection></subsection><subsection number="53-3-205(7)(b)">Except as provided under Subsections <xref depth="4" refnumber="53-3-205(7)(f)">(7)(f)</xref> and <xref depth="4" refnumber="53-3-205(g)">(g)</xref>, a renewal or an extension to a license expires on the birth date of the licensee in the eighth year after the expiration date of the license certificate renewed or extended.</subsection><subsection number="53-3-205(7)(c)">Except as provided under Subsections <xref depth="4" refnumber="53-3-205(7)(f)">(7)(f)</xref> and <xref depth="4" refnumber="53-3-205(g)">(g)</xref>, a duplicate license expires on the same date as the last license certificate issued.</subsection><subsection number="53-3-205(7)(d)">An endorsement to a license expires on the same date as the license certificate regardless of the date the endorsement was granted.</subsection><subsection number="53-3-205(7)(e)"><subsection number="53-3-205(7)(e)(i)">A regular license certificate and an endorsement to the regular license certificate held by an individual described in Subsection <xref depth="4" refnumber="53-3-205(7)(e)(ii)">(7)(e)(ii)</xref>, that expires during the time period the individual is stationed outside of the state, is valid until 90 days after the individual's orders are terminated, the individual is discharged, or the individual's assignment is changed or terminated, unless:<subsection number="53-3-205(7)(e)(i)(A)">the license is suspended, disqualified, denied, or has been cancelled or revoked by the division; or</subsection><subsection number="53-3-205(7)(e)(i)(B)">the licensee updates the information or photograph on the license certificate.</subsection></subsection><subsection number="53-3-205(7)(e)(ii)">The provisions in Subsection <xref depth="4" refnumber="53-3-205(7)(e)(i)">(7)(e)(i)</xref> apply to an individual:<subsection number="53-3-205(7)(e)(ii)(A)">ordered to active duty and stationed outside of Utah in any of the armed forces of the United States;</subsection><subsection number="53-3-205(7)(e)(ii)(B)">who is an immediate family member or dependent of an individual described in Subsection <xref depth="4" refnumber="53-3-205(7)(e)(ii)(a)">(7)(e)(ii)(A)</xref> and is residing outside of Utah;</subsection><subsection number="53-3-205(7)(e)(ii)(C)">who is a civilian employee of the United States State Department or United States Department of Defense and is stationed outside of the United States; or</subsection><subsection number="53-3-205(7)(e)(ii)(D)">who is an immediate family member or dependent of an individual described in Subsection <xref depth="4" refnumber="53-3-205(7)(e)(ii)(c)">(7)(e)(ii)(C)</xref> and is residing outside of the United States.</subsection></subsection></subsection><subsection number="53-3-205(7)(f)"><subsection number="53-3-205(7)(f)(i)">Except as provided in Subsection <xref depth="4" refnumber="53-3-205(7)(f)(ii)">(7)(f)(ii)</xref>, a limited-term license certificate or a renewal to a limited-term license certificate expires:<subsection number="53-3-205(7)(f)(i)(A)">on the expiration date of the period of time of the individual's authorized stay in the United States or on the date provided under this Subsection <xref depth="4" refnumber="53-3-205(7)">(7)</xref>, whichever is sooner; or</subsection><subsection number="53-3-205(7)(f)(i)(B)">on the date of issuance in the first year following the year that the limited-term license certificate was issued if there is no definite end to the individual's period of authorized stay.</subsection></subsection><subsection number="53-3-205(7)(f)(ii)">A limited-term license certificate or a renewal to a limited-term license certificate issued to an approved asylee or a refugee expires on the birth date of the applicant in the fifth year following the year that the limited-term license certificate was issued.</subsection></subsection><subsection number="53-3-205(7)(g)">A driving privilege card issued or renewed under Section <xref depth="3" refnumber="53-3-207">53-3-207</xref> expires on the birth date of the applicant in the first year following the year that the driving privilege card was issued or renewed.</subsection></subsection><subsection number="53-3-205(8)"><subsection number="53-3-205(8)(a)">In addition to the information required by Title <xref depth="1" refnumber="63G-4">63G, Chapter 4</xref>, Administrative Procedures Act, for requests for agency action, an applicant shall:<subsection number="53-3-205(8)(a)(i)">provide:<subsection number="53-3-205(8)(a)(i)(A)">the applicant's full legal name;</subsection><subsection number="53-3-205(8)(a)(i)(B)">the applicant's birth date;</subsection><subsection number="53-3-205(8)(a)(i)(C)">the applicant's sex;</subsection><subsection number="53-3-205(8)(a)(i)(D)"><subsection number="53-3-205(8)(a)(i)(D)(I)">documentary evidence of the applicant's valid social security number;</subsection><subsection number="53-3-205(8)(a)(i)(D)(II)">written proof that the applicant is ineligible to receive a social security number;</subsection><subsection number="53-3-205(8)(a)(i)(D)(III)">the applicant's temporary identification number issued by the Internal Revenue Service for an individual who:<subsection number="53-3-205(8)(a)(i)(D)(III)(Aa)">does not qualify for a social security number; and</subsection><subsection number="53-3-205(8)(a)(i)(D)(III)(Bb)">is applying for a driving privilege card; or</subsection></subsection><subsection number="53-3-205(8)(a)(i)(D)(IV)">other documentary evidence approved by the division;</subsection></subsection><subsection number="53-3-205(8)(a)(i)(E)">the applicant's Utah residence address as documented by a form or forms acceptable under rules made by the division under Section <xref depth="3" refnumber="53-3-104">53-3-104</xref>; and</subsection><subsection number="53-3-205(8)(a)(i)(F)">fingerprints, or a fingerprint confirmation form described in Subsection <xref depth="4" refnumber="53-3-205.5(1)(a)(ii)">53-3-205.5(1)(a)(ii)</xref>, and a photograph in accordance with Section <xref depth="3" refnumber="53-3-205.5">53-3-205.5</xref> if the applicant is applying for a driving privilege card;</subsection></subsection><subsection number="53-3-205(8)(a)(ii)">provide evidence of the applicant's lawful presence in the United States by providing documentary evidence:<subsection number="53-3-205(8)(a)(ii)(A)">that the applicant is:<subsection number="53-3-205(8)(a)(ii)(A)(I)">a United States citizen;</subsection><subsection number="53-3-205(8)(a)(ii)(A)(II)">a United States national; or</subsection><subsection number="53-3-205(8)(a)(ii)(A)(III)">a legal permanent resident alien; or</subsection></subsection><subsection number="53-3-205(8)(a)(ii)(B)">of the applicant's:<subsection number="53-3-205(8)(a)(ii)(B)(I)">unexpired immigrant or nonimmigrant visa status for admission into the United States;</subsection><subsection number="53-3-205(8)(a)(ii)(B)(II)">pending or approved application for asylum in the United States;</subsection><subsection number="53-3-205(8)(a)(ii)(B)(III)">admission into the United States as a refugee;</subsection><subsection number="53-3-205(8)(a)(ii)(B)(IV)">pending or approved application for temporary protected status in the United States;</subsection><subsection number="53-3-205(8)(a)(ii)(B)(V)">approved deferred action status;</subsection><subsection number="53-3-205(8)(a)(ii)(B)(VI)">pending application for adjustment of status to legal permanent resident or conditional resident; or</subsection><subsection number="53-3-205(8)(a)(ii)(B)(VII)">conditional permanent resident alien status;</subsection></subsection></subsection><subsection number="53-3-205(8)(a)(iii)">provide a description of the applicant;</subsection><subsection number="53-3-205(8)(a)(iv)">state whether the applicant has previously been licensed to drive a motor vehicle and, if so, when and by what state or country;</subsection><subsection number="53-3-205(8)(a)(v)">state whether the applicant has ever had a license suspended, cancelled, revoked, disqualified, or denied in the last 10 years, or whether the applicant has ever had a license application refused, and if so, the date of and reason for the suspension, cancellation, revocation, disqualification, denial, or refusal;</subsection><subsection number="53-3-205(8)(a)(vi)">state whether the applicant intends to make an anatomical gift under Title <xref depth="2" refnumber="26B-8-3">26B, Chapter 8, Part 3</xref>, Revised Uniform Anatomical Gift Act, in compliance with Subsection <xref depth="4" refnumber="53-3-205(15)">(15)</xref>;</subsection><subsection number="53-3-205(8)(a)(vii)">state whether the applicant is required to register as a sex offender, kidnap offender, or child abuse offender, in accordance with Title <xref depth="1" refnumber="53-29">53, Chapter 29</xref>, Sex, Kidnap, and Child Abuse Offender Registry;</subsection><subsection number="53-3-205(8)(a)(viii)">state whether the applicant is a veteran of the United States military, provide verification that the applicant was granted an honorable or general discharge from the United States Armed Forces, and state whether the applicant does or does not authorize sharing the information with the Department of Veterans and Military Affairs;</subsection><subsection number="53-3-205(8)(a)(ix)">provide all other information the division requires; and</subsection><subsection number="53-3-205(8)(a)(x)">sign the application which signature may include an electronic signature as defined in Section <xref depth="3" refnumber="46-4-102">46-4-102</xref>.</subsection></subsection><subsection number="53-3-205(8)(b)">Unless the applicant provides acceptable verification of homelessness as described in rules made by the division, an applicant shall have a Utah residence address.</subsection><subsection number="53-3-205(8)(c)">An applicant shall provide evidence of lawful presence in the United States in accordance with Subsection <xref depth="4" refnumber="53-3-205(8)(a)(ii)">(8)(a)(ii)</xref>, unless the application is for a driving privilege card.</subsection><subsection number="53-3-205(8)(d)">The division shall maintain on the division's computerized records an applicant's:<subsection number="53-3-205(8)(d)(i)"><subsection number="53-3-205(8)(d)(i)(A)">social security number;</subsection><subsection number="53-3-205(8)(d)(i)(B)">temporary identification number; or</subsection><subsection number="53-3-205(8)(d)(i)(C)">other number assigned by the division if Subsection <xref depth="4" refnumber="53-3-205(8)(a)(i)(d)(iv)">(8)(a)(i)(D)(IV)</xref> applies; and</subsection></subsection><subsection number="53-3-205(8)(d)(ii)">indication whether the applicant is required to register as a sex offender, kidnap offender, or child abuse offender in accordance with Title <xref depth="1" refnumber="53-29">53, Chapter 29</xref>, Sex, Kidnap, and Child Abuse Offender Registry.</subsection></subsection></subsection><subsection number="53-3-205(9)">The division shall require proof of an applicant's name, birth date, and birthplace by at least one of the following means:<subsection number="53-3-205(9)(a)">current license certificate;</subsection><subsection number="53-3-205(9)(b)">birth certificate;</subsection><subsection number="53-3-205(9)(c)">Selective Service registration; or</subsection><subsection number="53-3-205(9)(d)">other proof, including church records, family Bible notations, school records, or other evidence considered acceptable by the division.</subsection></subsection><subsection number="53-3-205(10)"><subsection number="53-3-205(10)(a)">Except as provided in Subsection <xref depth="4" refnumber="53-3-205(10)(c)">(10)(c)</xref>, if an applicant receives a license in a higher class than what the applicant originally was issued:<subsection number="53-3-205(10)(a)(i)">the license application is treated as an original application; and</subsection><subsection number="53-3-205(10)(a)(ii)">license and endorsement fees is assessed under Section <xref depth="3" refnumber="53-3-105">53-3-105</xref>.</subsection></subsection><subsection number="53-3-205(10)(b)">An applicant that receives a downgraded license in a lower license class during an existing license cycle that has not expired:<subsection number="53-3-205(10)(b)(i)">may be issued a duplicate license with a lower license classification for the remainder of the existing license cycle; and</subsection><subsection number="53-3-205(10)(b)(ii)">shall be assessed a duplicate license fee under Subsection <xref depth="4" refnumber="53-3-105(25)">53-3-105(25)</xref> if a duplicate license is issued under Subsection <xref depth="4" refnumber="53-3-205(10)(b)(i)">(10)(b)(i)</xref>.</subsection></subsection><subsection number="53-3-205(10)(c)">An applicant who has received a downgraded license in a lower license class under Subsection <xref depth="4" refnumber="53-3-205(10)(b)">(10)(b)</xref>:<subsection number="53-3-205(10)(c)(i)">may, when eligible, receive a duplicate license in the highest class previously issued during a license cycle that has not expired for the remainder of the existing license cycle; and</subsection><subsection number="53-3-205(10)(c)(ii)">shall be assessed a duplicate license fee under Subsection <xref depth="4" refnumber="53-3-105(25)">53-3-105(25)</xref> if a duplicate license is issued under Subsection <xref depth="4" refnumber="53-3-205(10)(c)(i)">(10)(c)(i)</xref>.</subsection></subsection></subsection><subsection number="53-3-205(11)"><subsection number="53-3-205(11)(a)">When an application is received from an applicant 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.</subsection><subsection number="53-3-205(11)(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.</subsection></subsection><subsection number="53-3-205(12)">An application for reinstatement of a license after the suspension, cancellation, disqualification, denial, or revocation of a previous license is accompanied by the additional fee or fees specified in Section <xref depth="3" refnumber="53-3-105">53-3-105</xref>.</subsection><subsection number="53-3-205(13)">An individual 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 <xref depth="3" refnumber="53-3-105">53-3-105</xref>.</subsection><subsection number="53-3-205(14)">An applicant who applies for an original license or renewal of a license agrees that the individual's license is subject to a suspension or revocation authorized under this title or Title <xref depth="0" refnumber="41">41, Motor Vehicles</xref>.</subsection><subsection number="53-3-205(15)"><subsection number="53-3-205(15)(a)">Upon an application for a commercial class A, B, or C license, the applicant shall sign an acknowledgment, issued by the division, acknowledging that to pass a commercial driver license skills test, the applicant is required to read and speak the English language sufficiently to:<subsection number="53-3-205(15)(a)(i)">converse with the general public;</subsection><subsection number="53-3-205(15)(a)(ii)">understand highway traffic signs and signals;</subsection><subsection number="53-3-205(15)(a)(iii)">respond to official inquiries; and</subsection><subsection number="53-3-205(15)(a)(iv)">make entries on reports and records.</subsection></subsection><subsection number="53-3-205(15)(b)">The division shall file and retain the acknowledgment described in Subsection <xref depth="4" refnumber="53-3-205(15)(a)">(15)(a)</xref>.</subsection></subsection><subsection number="53-3-205(16)"><subsection number="53-3-205(16)(a)">A licensee shall authenticate the indication of intent under Subsection <xref depth="4" refnumber="53-3-205(8)(a)(vi)">(8)(a)(vi)</xref> in accordance with division rule.</subsection><subsection number="53-3-205(16)(b)"><subsection number="53-3-205(16)(b)(i)">Notwithstanding Title <xref depth="1" refnumber="63G-2">63G, Chapter 2</xref>, Government Records Access and Management Act, the division may, upon request, release to an organ procurement organization, as defined in Section <xref depth="3" refnumber="26B-8-301">26B-8-301</xref>, the names and addresses of all applicants who, under Subsection <xref depth="4" refnumber="53-3-205(8)(a)(vi)">(8)(a)(vi)</xref>, indicate that they intend to make an anatomical gift.</subsection><subsection number="53-3-205(16)(b)(ii)">An organ procurement organization may use released information only to:<subsection number="53-3-205(16)(b)(ii)(A)">obtain additional information for an anatomical gift registry; and</subsection><subsection number="53-3-205(16)(b)(ii)(B)">inform licensees of anatomical gift options, procedures, and benefits.</subsection></subsection></subsection></subsection><subsection number="53-3-205(17)">Notwithstanding Title <xref depth="1" refnumber="63G-2">63G, Chapter 2</xref>, Government Records Access and Management Act, the division may release to the Department of Veterans and Military Affairs the names and addresses of all applicants who indicate their status as a veteran under Subsection <xref depth="4" refnumber="53-3-205(8)(a)(viii)">(8)(a)(viii)</xref>.</subsection><subsection number="53-3-205(18)">Notwithstanding Title <xref depth="1" refnumber="63G-2">63G, Chapter 2</xref>, Government Records Access and Management Act, the division shall, upon request, release to the Bureau of Criminal Identification within the Department of Public Safety, the names and addresses of all applicants who, under Subsection <xref depth="4" refnumber="53-3-205(8)(a)(vii)">(8)(a)(vii)</xref>, indicate they are required to register as a sex offender, kidnap offender, or child abuse offender in accordance with Title <xref depth="1" refnumber="53-29">53, Chapter 29</xref>, Sex, Kidnap, and Child Abuse Offender Registry.</subsection><subsection number="53-3-205(19)">The division and its employees are not liable, as a result of false or inaccurate information provided under Subsection <xref depth="4" refnumber="53-3-205(8)(a)(vi)">(8)(a)(vi)</xref> or <xref depth="4" refnumber="53-3-205(viii)">(viii)</xref>, for direct or indirect:<subsection number="53-3-205(19)(a)">loss;</subsection><subsection number="53-3-205(19)(b)">detriment; or</subsection><subsection number="53-3-205(19)(c)">injury.</subsection></subsection><subsection number="53-3-205(20)">An applicant who knowingly fails to provide the information required under Subsection <xref depth="4" refnumber="53-3-205(8)(a)(vii)">(8)(a)(vii)</xref> is guilty of a class A misdemeanor.</subsection><subsection number="53-3-205(21)">A person may not hold both an unexpired Utah license certificate and an unexpired identification card.</subsection><subsection number="53-3-205(22)"><subsection number="53-3-205(22)(a)">An applicant who applies for an original motorcycle endorsement to a regular license certificate is exempt from the requirement to pass the knowledge and skills test to be eligible for the motorcycle endorsement if the applicant:<subsection number="53-3-205(22)(a)(i)">is a resident of the state of Utah;</subsection><subsection number="53-3-205(22)(a)(ii)"><subsection number="53-3-205(22)(a)(ii)(A)">is ordered to active duty and stationed outside of Utah in any of the armed forces of the United States; or</subsection><subsection number="53-3-205(22)(a)(ii)(B)">is an immediate family member or dependent of an individual described in Subsection (22)(a)(ii)(A) and is residing outside of Utah;</subsection></subsection><subsection number="53-3-205(22)(a)(iii)">has a digitized driver license photo on file with the division;</subsection><subsection number="53-3-205(22)(a)(iv)">provides proof to the division of the successful completion of a certified Motorcycle Safety Foundation rider training course; and</subsection><subsection number="53-3-205(22)(a)(v)">provides the necessary information and documentary evidence required under Subsection <xref depth="4" refnumber="53-3-205(8)">(8)</xref>.</subsection></subsection><subsection number="53-3-205(22)(b)">In accordance with Title <xref depth="1" refnumber="63G-3">63G, Chapter 3</xref>, Utah Administrative Rulemaking Act, the division shall make rules:<subsection number="53-3-205(22)(b)(i)">establishing the procedures for an individual to obtain a motorcycle endorsement under this Subsection <xref depth="4" refnumber="53-3-205(21)">(21)</xref>; and</subsection><subsection number="53-3-205(22)(b)(ii)">identifying the applicable restrictions for a motorcycle endorsement issued under this Subsection <xref depth="4" refnumber="53-3-205(21)">(21)</xref>.</subsection></subsection></subsection></section><section number="53-3-205.5"><histories><history>Amended by Chapter <modchap sess="2023GS">454</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Fingerprint and photograph submission requirements for driving privilege card applicants and cardholders -- Approved private fingerprint vendor requests -- Division approval of a vendor.</catchline><subsection number="53-3-205.5(1)"><subsection number="53-3-205.5(1)(a)">
Every applicant for an original driving privilege card shall submit an application to the division and, in a sealed envelope provided by the Bureau of Criminal Identification, an approved fingerprint vendor, or a law enforcement agency, either:<subsection number="53-3-205.5(1)(a)(i)">
a photograph of the applicant and the applicant's fingerprints; or</subsection><subsection number="53-3-205.5(1)(a)(ii)">
a photograph of the applicant and a confirmation form from an approved fingerprint vendor, described in Subsection <xref depth="4" refnumber="53-3-205.5(1)(c)" start="0">(1)(c)</xref>, stating that:
<subsection number="53-3-205.5(1)(a)(ii)(A)">
the vendor attests that the vendor verified the photograph to be placed in the envelope is a photograph of the individual whose fingerprints were digitally taken; and</subsection><subsection number="53-3-205.5(1)(a)(ii)(B)">
the vendor attests to have electronically submitted the digital fingerprint scans of the photographed individual directly to the Bureau of Criminal Identification's fingerprint database.</subsection></subsection></subsection><subsection number="53-3-205.5(1)(b)">
If an applicant for a renewal of a driving privilege card has not previously submitted the required materials listed in Subsection <xref depth="4" refnumber="53-3-205.5(1)(a)" start="0">(1)(a)</xref> to the division, the applicant shall submit the required materials listed in Subsection <xref depth="4" refnumber="53-3-205.5(1)(a)" start="0">(1)(a)</xref> in a sealed envelope provided by the Bureau of Criminal Identification or a law enforcement agency.</subsection><subsection number="53-3-205.5(1)(c)"><subsection number="53-3-205.5(1)(c)(i)">
The division shall create and maintain on the division's website a list of approved fingerprint vendors and each vendor's contact information.</subsection><subsection number="53-3-205.5(1)(c)(ii)">
The division shall review an approval request from a fingerprint vendor and determine whether to approve the vendor and add the vendor to the approved fingerprint vendor website list.</subsection><subsection number="53-3-205.5(1)(c)(iii)">
The division shall approve a fingerprint vendor and add the vendor to the division's website list if the vendor:
<subsection number="53-3-205.5(1)(c)(iii)(A)">
uses digital fingerprint technology that can submit digital fingerprints directly to the Bureau of Criminal Identification's database;</subsection><subsection number="53-3-205.5(1)(c)(iii)(B)">
agrees to verify the identity of the individual by visually inspecting a government-issued photograph identification, as described in Subsection <xref depth="4" refnumber="53-3-205.5(1)(c)(iv)" start="0">(1)(c)(iv)</xref>, that the individual is required to present to the vendor;</subsection><subsection number="53-3-205.5(1)(c)(iii)(C)">
agrees to certify on the fingerprint confirmation form that the individual fingerprinted and the individual photographed under Subsection <xref depth="4" refnumber="53-3-205.5(1)(a)(ii)" start="0">(1)(a)(ii)</xref> are the same individual; and</subsection><subsection number="53-3-205.5(1)(c)(iii)(D)">
agrees to place the photograph and fingerprint confirmation form inside the envelope described in Subsection <xref depth="4" refnumber="53-3-205.5(1)(a)" start="0">(1)(a)</xref> and to seal the envelope.</subsection></subsection><subsection number="53-3-205.5(1)(c)(iv)">
A fingerprint vendor may accept a government-issued form of identification described in Subsection <xref depth="4" refnumber="53-3-205.5(1)(c)(v)" start="0">(1)(c)(v)</xref> for purposes of Subsection <xref depth="4" refnumber="53-3-205.5(1)(c)(iii)(B)" start="0">(1)(c)(iii)(B)</xref> if the identification includes the individual's name and photograph.</subsection><subsection number="53-3-205.5(1)(c)(v)">
A fingerprint vendor may accept the following photographic identifications required in Subsection <xref depth="4" refnumber="53-3-205.5(1)(c)(iv)" start="0">(1)(c)(iv)</xref>:
<subsection number="53-3-205.5(1)(c)(v)(A)">
a driver license from any state or country;</subsection><subsection number="53-3-205.5(1)(c)(v)(B)">
an identification card from any state or country;</subsection><subsection number="53-3-205.5(1)(c)(v)(C)">
a passport from any country;</subsection><subsection number="53-3-205.5(1)(c)(v)(D)">
a passport card from any country;</subsection><subsection number="53-3-205.5(1)(c)(v)(E)">
a border crossing card;</subsection><subsection number="53-3-205.5(1)(c)(v)(F)">
a consulate card from any country;</subsection><subsection number="53-3-205.5(1)(c)(v)(G)">
a visa;</subsection><subsection number="53-3-205.5(1)(c)(v)(H)">
an employment authorization card;</subsection><subsection number="53-3-205.5(1)(c)(v)(I)">
a foreign voter's registration card;</subsection><subsection number="53-3-205.5(1)(c)(v)(J)">
a military identification card; and</subsection><subsection number="53-3-205.5(1)(c)(v)(K)">
other forms of identification approved by the division.</subsection></subsection></subsection><subsection number="53-3-205.5(1)(d)"><subsection number="53-3-205.5(1)(d)(i)">
The Bureau of Criminal Identification, an approved fingerprint vendor, or a law enforcement agency that has the capability of handling fingerprint and photograph submissions shall take the applicant's fingerprints and photo for submission under Subsection <xref depth="4" refnumber="53-3-205.5(1)" start="0">(1)</xref>.</subsection><subsection number="53-3-205.5(1)(d)(ii)">
An approved fingerprint vendor shall take the applicant's fingerprints via digital fingerprint technology and electronically submit the digital fingerprint scans directly to the Bureau of Criminal Identification's database.</subsection></subsection></subsection><subsection number="53-3-205.5(2)">
The division shall submit fingerprints or a fingerprint confirmation form for each person described in Subsection <xref depth="4" refnumber="53-3-205.5(1)" start="0">(1)</xref> to the Bureau of Criminal Identification established in Section <xref depth="3" refnumber="53-10-201" start="0">53-10-201</xref>.</subsection><subsection number="53-3-205.5(3)">
The Bureau of Criminal Identification shall:
<subsection number="53-3-205.5(3)(a)">
check the fingerprints submitted under Subsection <xref depth="4" refnumber="53-3-205.5(1)" start="0">(1)</xref> against the applicable state and regional criminal records databases;</subsection><subsection number="53-3-205.5(3)(b)">
maintain a separate file of fingerprints submitted under Subsection <xref depth="4" refnumber="53-3-205.5(1)" start="0">(1)</xref> for search by future submissions to the local, state, and regional criminal records databases, including latent prints; and</subsection><subsection number="53-3-205.5(3)(c)">
provide notice to the federal Immigration and Customs Enforcement Agency of the United States Department of Homeland Security of any new or existing criminal history record or new or existing warrant information contained in or entered in local, state, or regional databases.</subsection></subsection><subsection number="53-3-205.5(4)">
In addition to any other fees authorized by this chapter, the division shall:
<subsection number="53-3-205.5(4)(a)">
impose on individuals submitting fingerprints in accordance with this section the fees that the Bureau of Criminal Identification is authorized to collect for the services the Bureau of Criminal Identification or other authorized agency provides under this section; and</subsection><subsection number="53-3-205.5(4)(b)">
remit the fees collected under Subsection <xref depth="4" refnumber="53-3-205.5(4)(a)" start="0">(4)(a)</xref> to the Bureau of Criminal Identification.</subsection></subsection></section><section number="53-3-205.6"><histories><history>Enacted by Chapter <modchap sess="2012GS">252</modchap>, 2012 General Session</history><modyear>2012</modyear></histories><catchline>Emergency contact database.</catchline><subsection number="53-3-205.6(1)"><subsection number="53-3-205.6(1)(a)">
The division shall establish a database of the emergency contacts of a person who holds a license certificate, learner permit, identification card, or any other type of license or permit issued under this chapter.</subsection><subsection number="53-3-205.6(1)(b)">
Information in the database created under this section may only be accessed by:<subsection number="53-3-205.6(1)(b)(i)">
employees of the division;</subsection><subsection number="53-3-205.6(1)(b)(ii)">
law enforcement officers employed by a law enforcement agency; and</subsection><subsection number="53-3-205.6(1)(b)(iii)">
employees or authorized agents of a law enforcement agency.</subsection></subsection><subsection number="53-3-205.6(1)(c)">
A law enforcement officer may share information contained in the emergency contact database with other public safety workers on the scene of a motor vehicle accident or other emergency situation, as needed to conduct official law enforcement duties.</subsection></subsection><subsection number="53-3-205.6(2)">
A person holding a license certificate, learner permit, identification card, or any other type of license or permit issued under this chapter may provide the division, in a manner specified by the division, the name, address, telephone number, and relationship to the holder of no more than two emergency contact persons whom the holder wishes to be contacted by a law enforcement officer if the holder:
<subsection number="53-3-205.6(2)(a)">
is involved in a motor vehicle accident or other emergency situation; and</subsection><subsection number="53-3-205.6(2)(b)">
is unable to communicate with the contact person or persons.</subsection></subsection><subsection number="53-3-205.6(3)">
The information contained in the database created under this section:
<subsection number="53-3-205.6(3)(a)">
shall only be used for the purposes described in this section; and</subsection><subsection number="53-3-205.6(3)(b)">
may not be used for criminal investigation purposes.</subsection></subsection><subsection number="53-3-205.6(4)">
In accordance with <xref depth="1" refid="C63G-3_1800010118000101" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>, the division shall make rules establishing the procedures to implement this section including:
<subsection number="53-3-205.6(4)(a)">
specifying the method for a license certificate, instruction permit, or identification card holder to provide the division with emergency contact information;</subsection><subsection number="53-3-205.6(4)(b)">
specifying the method for a license certificate, learner permit, or identification card holder to change the emergency contact information; and</subsection><subsection number="53-3-205.6(4)(c)">
other rules required for the implementation of the database or its operation that the division determines necessary to implement the provisions of this section.</subsection></subsection><subsection number="53-3-205.6(5)"><subsection number="53-3-205.6(5)(a)">
If a person involved in a motor vehicle accident or other emergency situation is unable to communicate with the contact person or persons specified in the database, a law enforcement officer shall make a good faith effort to notify the contact person or persons of the situation.</subsection><subsection number="53-3-205.6(5)(b)">
A law enforcement officer or a law enforcement agency that employs a law enforcement officer may not incur any liability if the law enforcement officer is not able to make contact with a designated emergency contact person.</subsection><subsection number="53-3-205.6(5)(c)">
Except for willful or wanton misconduct, a law enforcement officer or a law enforcement agency that employs a law enforcement officer may not incur any liability relating to the reporting or use of the database during a motor vehicle accident or other emergency situation.</subsection></subsection><subsection number="53-3-205.6(6)">
The division is not liable for any damages, costs, or expenses arising or resulting from any inaccurate or incomplete data or system unavailability.</subsection></section><section number="53-3-206"><histories><history>Amended by Chapter <modchap sess="2024GS">113</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Examination of applicant's physical and mental fitness to drive a motor vehicle.</catchline><subsection number="53-3-206(1)">The division shall examine every applicant for a license, including a test of the applicant's:<subsection number="53-3-206(1)(a)">eyesight either:<subsection number="53-3-206(1)(a)(i)">by the division; or</subsection><subsection number="53-3-206(1)(a)(ii)">by allowing the applicant to furnish to the division a statement from a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, a physician assistant licensed under Title 58, Chapter 70A, Utah Physician Assistant Act, or an optometrist licensed under Title 58, Chapter 16a, Utah Optometry Practice Act;</subsection></subsection><subsection number="53-3-206(1)(b)">ability to read and understand highway signs regulating, warning, and directing traffic;</subsection><subsection number="53-3-206(1)(c)">ability to read and understand simple English used in highway traffic and directional signs;</subsection><subsection number="53-3-206(1)(d)">knowledge of the state traffic laws;</subsection><subsection number="53-3-206(1)(e)">other physical and mental abilities the division finds necessary to determine the applicant's fitness to drive a motor vehicle safely on the highways; and</subsection><subsection number="53-3-206(1)(f)">ability to exercise ordinary and responsible control driving a motor vehicle, as determined by actual demonstration or other indicator.</subsection></subsection><subsection number="53-3-206(2)"><subsection number="53-3-206(2)(a)">Subject to Subsection (2)(d), and notwithstanding the provisions of Subsection (1) or any other provision of law, the division shall allow an individual to take an examination of the individual's knowledge of the state traffic laws in the individual's preferred language:<subsection number="53-3-206(2)(a)(i)">if the individual is a refugee, an approved asylee, or a covered humanitarian parolee:<subsection number="53-3-206(2)(a)(i)(A)">the first time the individual applies for a limited-term license certificate; and</subsection><subsection number="53-3-206(2)(a)(i)(B)">the first time the individual applies for a renewal of a limited-term license certificate; and</subsection></subsection><subsection number="53-3-206(2)(a)(ii)">for any other individual applying for a class D license certificate:<subsection number="53-3-206(2)(a)(ii)(A)">the first time the individual applies for a class D license certificate; and</subsection><subsection number="53-3-206(2)(a)(ii)(B)">the first time the individual applies for a renewal of a class D license certificate.</subsection></subsection></subsection><subsection number="53-3-206(2)(b)"><subsection number="53-3-206(2)(b)(i)">Upon the second renewal of a refugee's, an approved asylee's, or a covered humanitarian parolee's limited-term license certificate for a refugee, an approved asylee, or a covered humanitarian parolee that has taken the knowledge exam in the individual's preferred language under Subsection (2)(a), the division shall re-examine the individual's knowledge of the state traffic laws in English.</subsection><subsection number="53-3-206(2)(b)(ii)">Upon the second renewal of an individual's class D license certificate of an individual who has taken the knowledge exam in the individual's preferred language under Subsection (2)(a)(ii), the division shall re-examine the individual's knowledge of the state traffic laws in English.</subsection></subsection><subsection number="53-3-206(2)(c)">In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall make rules establishing the procedures and requirements for the examination of the individual's knowledge of the state traffic laws in the individual's preferred language.</subsection><subsection number="53-3-206(2)(d)"><subsection number="53-3-206(2)(d)(i)">Beginning on July 1, 2023, for a class D license certificate, except for a driving privilege card issued under Section <xref depth="3" refnumber="53-3-207">53-3-207</xref>, the division shall administer the written knowledge examination in as many languages as reasonably possible given budgetary and other constraints.</subsection><subsection number="53-3-206(2)(d)(ii)">If the division is unable to administer the written knowledge examination in a particular language, an individual may take an examination with the assistance of a translator approved by the division.</subsection><subsection number="53-3-206(2)(d)(iii)">If an individual takes the examination with the assistance of a translator, the individual is responsible for the costs of the translator.</subsection></subsection><subsection number="53-3-206(2)(e)">In order to provide the services described in Subsection (2)(d)(i), the division may contract with a private vendor to provide the translation services or technology.</subsection></subsection><subsection number="53-3-206(3)"><subsection number="53-3-206(3)(a)">For an applicant for an original or a renewal of a class D license, other than a driving privilege card or a limited term license certificate, the division shall provide the examination of an individual's knowledge of the state traffic laws in five commonly spoken languages in the state, other than English, as determined under Subsection (3)(c).</subsection><subsection number="53-3-206(3)(b)">An applicant for an original or a renewal of a class D license, other than a driving privilege card or a limited term license certificate, may request to take the examination of the individual's knowledge of the state traffic laws in a language other than English, if the requested language is one of five commonly spoken languages in the state as determined under Subsection (3)(c).</subsection><subsection number="53-3-206(3)(c)"><subsection number="53-3-206(3)(c)(i)">The Division of Multicultural Affairs created in Section <xref depth="3" refnumber="9-21-201">9-21-201</xref> shall recommend five commonly spoken languages in the state, other than English, for examination of an individual's knowledge of the state traffic laws.</subsection><subsection number="53-3-206(3)(c)(ii)">The division shall offer the examination of an individual's knowledge of the state traffic laws in the five commonly spoken languages, other than English, recommended by the Division of Multicultural Affairs created in Section <xref depth="3" refnumber="9-21-201">9-21-201</xref>.</subsection></subsection></subsection><subsection number="53-3-206(4)">The division shall determine whether any facts exist that would bar granting a license under Section <xref depth="3" refnumber="53-3-204">53-3-204</xref>.</subsection><subsection number="53-3-206(5)">The division shall examine each applicant according to the class of license applied for.</subsection><subsection number="53-3-206(6)">An applicant for a CDL shall meet all additional requirements of Part 4, Uniform Commercial Driver License Act, of this chapter.</subsection><subsection number="53-3-206(7)">The division shall provide a report to the Transportation Interim Committee on or before October 1, 2023, regarding the written knowledge examination in languages other than English, including:<subsection number="53-3-206(7)(a)">costs associated with the program;</subsection><subsection number="53-3-206(7)(b)">the number of languages provided;</subsection><subsection number="53-3-206(7)(c)">the likelihood of adding additional languages in the future; and</subsection><subsection number="53-3-206(7)(d)">other information the division finds relevant.</subsection></subsection></section><section number="53-3-207"><histories><history>Amended by Chapter <modchap sess="2026GS">344</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>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.</catchline><subsection number="53-3-207(1)">As used in this section:<subsection number="53-3-207(1)(a)">"Authorized guardian" means:<subsection number="53-3-207(1)(a)(i)">the parent or legal guardian of a child who:<subsection number="53-3-207(1)(a)(i)(A)">is under 18 years old; and</subsection><subsection number="53-3-207(1)(a)(i)(B)">has an invisible condition; or</subsection></subsection><subsection number="53-3-207(1)(a)(ii)">the legal guardian or conservator of an adult who:<subsection number="53-3-207(1)(a)(ii)(A)">is 18 years old or older; and</subsection><subsection number="53-3-207(1)(a)(ii)(B)">has an invisible condition.</subsection></subsection></subsection><subsection number="53-3-207(1)(b)">"Driving privilege" means the privilege granted under this chapter to drive a motor vehicle.</subsection><subsection number="53-3-207(1)(c)">"First responder" means:<subsection number="53-3-207(1)(c)(i)">a law enforcement officer, as defined in Section <xref depth="3" refnumber="53-13-103" start="0">53-13-103</xref>;</subsection><subsection number="53-3-207(1)(c)(ii)">an emergency medical technician, as defined in Section <xref depth="3" refnumber="53-2e-101" start="0">53-2e-101</xref>;</subsection><subsection number="53-3-207(1)(c)(iii)">an advanced emergency medical technician, as defined in Section <xref depth="3" refnumber="53-2e-101" start="0">53-2e-101</xref>;</subsection><subsection number="53-3-207(1)(c)(iv)">a paramedic, as defined in Section <xref depth="3" refnumber="53-2e-101" start="0">53-2e-101</xref>;</subsection><subsection number="53-3-207(1)(c)(v)">a firefighter, as defined in Section <xref depth="3" refnumber="53H-11-306">53H-11-306</xref>; or</subsection><subsection number="53-3-207(1)(c)(vi)">a dispatcher, as defined in Section <xref depth="3" refnumber="53-6-102" start="0">53-6-102</xref>.</subsection></subsection><subsection number="53-3-207(1)(d)">"Governmental entity" means the state or a political subdivision of the state.</subsection><subsection number="53-3-207(1)(e)">"Health care professional" means:<subsection number="53-3-207(1)(e)(i)">a licensed physician, physician assistant, nurse practitioner, or mental health therapist; or</subsection><subsection number="53-3-207(1)(e)(ii)">any other licensed health care professional the division designates by rule made in accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>.</subsection></subsection><subsection number="53-3-207(1)(f)">"Invisible condition" means a physical or mental condition that may interfere with an individual's ability to communicate with a first responder, including:<subsection number="53-3-207(1)(f)(i)">a communication impediment;</subsection><subsection number="53-3-207(1)(f)(ii)">hearing loss;</subsection><subsection number="53-3-207(1)(f)(iii)">blindness or a visual impairment;</subsection><subsection number="53-3-207(1)(f)(iv)">autism spectrum disorder;</subsection><subsection number="53-3-207(1)(f)(v)">a drug allergy;</subsection><subsection number="53-3-207(1)(f)(vi)">Alzheimer's disease or dementia;</subsection><subsection number="53-3-207(1)(f)(vii)">post-traumatic stress disorder;</subsection><subsection number="53-3-207(1)(f)(viii)">traumatic brain injury;</subsection><subsection number="53-3-207(1)(f)(ix)">schizophrenia;</subsection><subsection number="53-3-207(1)(f)(x)">epilepsy;</subsection><subsection number="53-3-207(1)(f)(xi)">a developmental disability;</subsection><subsection number="53-3-207(1)(f)(xii)">Down syndrome;</subsection><subsection number="53-3-207(1)(f)(xiii)">diabetes;</subsection><subsection number="53-3-207(1)(f)(xiv)">a heart condition; or</subsection><subsection number="53-3-207(1)(f)(xv)">any other condition approved by the department.</subsection></subsection><subsection number="53-3-207(1)(g)">"Invisible condition identification symbol" means a symbol or alphanumeric code that indicates that an individual is an individual with an invisible condition.</subsection><subsection number="53-3-207(1)(h)">"Political subdivision" means any county, city, town, school district, public transit district, community reinvestment agency, special improvement or taxing district, special district, special service district, an entity created by an interlocal agreement adopted under <xref depth="1" refnumber="11-13" start="0">Title 11, Chapter 13, Interlocal Cooperation Act</xref>, or other governmental subdivision or public corporation.</subsection><subsection number="53-3-207(1)(i)">"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.</subsection></subsection><subsection number="53-3-207(2)"><subsection number="53-3-207(2)(a)">The division shall issue to every individual privileged to drive a motor vehicle, a regular license certificate, a limited-term license certificate, or a driving privilege card indicating the type or class of motor vehicle the individual may drive.</subsection><subsection number="53-3-207(2)(b)">An individual may not drive a class of motor vehicle unless granted the privilege in that class.</subsection></subsection><subsection number="53-3-207(3)"><subsection number="53-3-207(3)(a)">Every regular license certificate, limited-term license certificate, or driving privilege card shall bear:<subsection number="53-3-207(3)(a)(i)">the distinguishing number assigned to the individual by the division;</subsection><subsection number="53-3-207(3)(a)(ii)">the name, birth date, and Utah residence address of the individual;</subsection><subsection number="53-3-207(3)(a)(iii)">a brief description of the individual for the purpose of identification;</subsection><subsection number="53-3-207(3)(a)(iv)">any restrictions imposed on the license under Section <xref depth="3" refnumber="53-3-208" start="0">53-3-208</xref>;</subsection><subsection number="53-3-207(3)(a)(v)">a photograph of the individual;</subsection><subsection number="53-3-207(3)(a)(vi)">a photograph or other facsimile of the individual's signature;</subsection><subsection number="53-3-207(3)(a)(vii)">an indication whether the individual intends to make an anatomical gift under <xref depth="2" refnumber="26B-8-3" start="0">Title 26B, Chapter 8, Part 3, Revised Uniform Anatomical Gift Act</xref>, unless the driving privilege is extended under Subsection <xref depth="4" refnumber="53-3-214(3)" start="0">53-3-214(3)</xref>; and</subsection><subsection number="53-3-207(3)(a)(viii)">except as provided in Subsection <xref depth="4" refnumber="53-3-207(3)(b)" start="0">(3)(b)</xref>, if the individual states that the individual is a veteran of the United States military on the application for a driver license in accordance with Section <xref depth="3" refnumber="53-3-205" start="0">53-3-205</xref> and provides verification that the individual was granted an honorable or general discharge from the United States armed forces, an indication that the individual is a United States military veteran for a regular license certificate or limited-term license certificate issued on or after July 1, 2011.</subsection></subsection><subsection number="53-3-207(3)(b)">A regular license certificate or limited-term license certificate issued to an individual younger than 21 years old on a portrait-style format as required in Subsection <xref depth="4" refnumber="53-3-207(7)(b)" start="0">(7)(b)</xref> is not required to include an indication that the individual is a United States military veteran under Subsection <xref depth="4" refnumber="53-3-207(3)(a)(viii)" start="0">(3)(a)(viii)</xref>.</subsection><subsection number="53-3-207(3)(c)">A new license certificate issued by the division may not bear the individual's social security number.</subsection><subsection number="53-3-207(3)(d)"><subsection number="53-3-207(3)(d)(i)">The regular license certificate, limited-term license certificate, or driving privilege card shall be of an impervious material, resistant to wear, damage, and alteration.</subsection><subsection number="53-3-207(3)(d)(ii)">The size, form, and color of the regular license certificate, limited-term license certificate, or driving privilege card shall be as prescribed by the commissioner.</subsection><subsection number="53-3-207(3)(d)(iii)">The commissioner may also prescribe the issuance of a special type of limited regular license certificate, limited-term license certificate, or driving privilege card under Subsection <xref depth="4" refnumber="53-3-220(4)" start="0">53-3-220(4)</xref>.</subsection></subsection><subsection number="53-3-207(3)(e)">The commissioner shall consult with and obtain approval from the design review board created in Section <xref depth="3" refnumber="41-1a-1611">41-1a-1611</xref> regarding format and design of each type of license certificate.</subsection></subsection><subsection number="53-3-207(4)"><subsection number="53-3-207(4)(a)">The division shall include or affix an invisible condition identification symbol on an individual's regular license certificate, limited-term license certificate, or driving privilege card if the individual or the individual's authorized guardian, on a form prescribed by the department:<subsection number="53-3-207(4)(a)(i)">requests the division to include the invisible condition identification symbol;</subsection><subsection number="53-3-207(4)(a)(ii)">provides written verification from a health care professional that the individual is an individual with an invisible condition; and</subsection><subsection number="53-3-207(4)(a)(iii)">signs a waiver of liability for the release of any medical information to:<subsection number="53-3-207(4)(a)(iii)(A)">the department;</subsection><subsection number="53-3-207(4)(a)(iii)(B)">any person who has access to the individual's medical information as recorded on the individual's driving record or the Utah Criminal Justice Information System under this chapter; </subsection><subsection number="53-3-207(4)(a)(iii)(C)">any other person who may view or receive notice of the individual's medical information by seeing the individual's regular license certificate, limited-term license certificate, or driving privilege card or the individual's information in the Utah Criminal Justice Information System;</subsection><subsection number="53-3-207(4)(a)(iii)(D)">a local law enforcement agency that receives a copy of the form described in this Subsection <xref depth="4" refnumber="53-3-207(4)(a)" start="0">(4)(a)</xref> and enters the contents of the form into the local law enforcement agency's record management system or computer-aided dispatch system; and</subsection><subsection number="53-3-207(4)(a)(iii)(E)">a dispatcher who accesses the information regarding the individual's invisible condition through the use of a local law enforcement agency's record management system or computer-aided dispatch system.</subsection></subsection></subsection><subsection number="53-3-207(4)(b)">As part of the form described in Subsection <xref depth="4" refnumber="53-3-207(4)(a)" start="0">(4)(a)</xref>, the department shall advise the individual or the individual's authorized guardian that by submitting the signed waiver, the individual or the individual's authorized guardian consents to the release of the individual's medical information to any person described in Subsections <xref depth="4" refnumber="53-3-207(4)(a)(iii)(A)" start="0">(4)(a)(iii)(A)</xref> through <xref depth="4" refnumber="53-3-207(4)(a)(iii)(E)" start="0">(E)</xref>, even if the person is otherwise ineligible to access the individual's medical information under state or federal law.</subsection><subsection number="53-3-207(4)(c)">The division may not:<subsection number="53-3-207(4)(c)(i)">charge a fee to include the invisible condition identification symbol on the individual's regular license certificate, limited-term license certificate, or driving privilege card; or</subsection><subsection number="53-3-207(4)(c)(ii)">after including the invisible condition identification symbol on the individual's previously issued regular license certificate, limited-term license certificate, or driving privilege card, require the individual to provide subsequent written verification described in Subsection <xref depth="4" refnumber="53-3-207(4)(a)(ii)" start="0">(4)(a)(ii)</xref> to include the invisible condition identification symbol on the individual's renewed or extended regular license certificate, limited-term license certificate, or driving privilege card.</subsection></subsection><subsection number="53-3-207(4)(d)">The division shall confirm with the Division of Professional Licensing that the health care professional described in Subsection <xref depth="4" refnumber="53-3-207(4)(a)(ii)" start="0">(4)(a)(ii)</xref> holds a current state license.</subsection><subsection number="53-3-207(4)(e)">The inclusion of an invisible condition identification symbol on an individual's license certificate, limited-term license certificate, or driving privilege card in accordance with Subsection <xref depth="4" refnumber="53-3-207(4)(a)" start="0">(4)(a)</xref> does not confer any legal rights or privileges on the individual, including parking privileges for individuals with disabilities under Section <xref depth="3" refnumber="41-1a-414" start="0">41-1a-414</xref>.</subsection><subsection number="53-3-207(4)(f)">For each individual issued a regular license certificate, limited-term license certificate, or driving privilege card under this section that includes an invisible condition identification symbol, the division shall include in the division's database a brief description of the nature of the individual's invisible condition in the individual's record and provide the brief description to the Utah Criminal Justice Information System.</subsection><subsection number="53-3-207(4)(g)">Except as provided in this section, the division may not release the information described in Subsection <xref depth="4" refnumber="53-3-207(4)(f)" start="0">(4)(f)</xref>.</subsection><subsection number="53-3-207(4)(h)">Within 30 days after the day on which the division receives an individual's or the individual's authorized guardian's written request, the division shall:<subsection number="53-3-207(4)(h)(i)">remove from the individual's record in the division's database the invisible condition identification symbol and the brief description described in Subsection <xref depth="4" refnumber="53-3-207(4)(f)" start="0">(4)(f)</xref>; and</subsection><subsection number="53-3-207(4)(h)(ii)">provide the individual's updated record to the Utah Criminal Justice Information System.</subsection></subsection></subsection><subsection number="53-3-207(5)">As provided in Section <xref depth="3" refnumber="63G-2-302" start="0">63G-2-302</xref>, the information described in Subsection <xref depth="4" refnumber="53-3-207(4)(a)" start="0">(4)(a)</xref> is a private record for purposes of <xref depth="1" refnumber="63G-2" start="0">Title 63G, Chapter 2, Government Records Access and Management Act</xref>.</subsection><subsection number="53-3-207(6)"><subsection number="53-3-207(6)(a)"><subsection number="53-3-207(6)(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 regular license certificate or limited-term license certificate.</subsection><subsection number="53-3-207(6)(a)(ii)"><subsection number="53-3-207(6)(a)(ii)(A)">The division shall issue a temporary regular license certificate or temporary limited-term license certificate allowing the individual to drive a motor vehicle while the division is completing the division's investigation to determine whether the individual is entitled to be granted a driving privilege.</subsection><subsection number="53-3-207(6)(a)(ii)(B)">A temporary regular license certificate or a temporary limited-term license certificate issued under this Subsection <xref depth="4" refnumber="53-3-207(6)" start="0">(6)</xref> shall be recognized and have the same rights and privileges as a regular license certificate or a limited-term license certificate.</subsection></subsection></subsection><subsection number="53-3-207(6)(b)">The temporary regular license certificate or temporary limited-term license certificate shall be in the individual's immediate possession while driving a motor vehicle, and the temporary regular license certificate or temporary limited-term license certificate is invalid when the individual's regular license certificate or limited-term license certificate has been issued or when, for good cause, the privilege has been refused.</subsection><subsection number="53-3-207(6)(c)">The division shall indicate on the temporary regular license certificate or temporary limited-term license certificate a date after which the temporary regular license certificate or temporary limited-term license certificate is not valid as a temporary license.</subsection><subsection number="53-3-207(6)(d)"><subsection number="53-3-207(6)(d)(i)">Except as provided in Subsection <xref depth="4" refnumber="53-3-207(6)(d)(ii)" start="0">(6)(d)(ii)</xref>, the division may not issue a temporary driving privilege card or other temporary permit to an applicant for a driving privilege card.</subsection><subsection number="53-3-207(6)(d)(ii)">The division may issue a learner permit issued in accordance with Section <xref depth="3" refnumber="53-3-210.5" start="0">53-3-210.5</xref> to an applicant for a driving privilege card.</subsection></subsection></subsection><subsection number="53-3-207(7)"><subsection number="53-3-207(7)(a)">The division shall distinguish learner permits, temporary permits, regular license certificates, limited-term license certificates, and driving privilege cards issued to any individual younger than 21 years old by use of plainly printed information or the use of a color or other means not used for other regular license certificates, limited-term license certificates, or driving privilege cards.</subsection><subsection number="53-3-207(7)(b)">The division shall distinguish a regular license certificate, limited-term license certificate, or driving privilege card issued to an individual younger than 21 years old by use of a portrait-style format not used for other regular license certificates, limited-term license certificates, or driving privilege cards and by plainly printing the date the regular license certificate, limited-term license certificate, or driving privilege card holder is 21 years old.</subsection></subsection><subsection number="53-3-207(8)">The division shall distinguish a limited-term license certificate by clearly indicating on the document:<subsection number="53-3-207(8)(a)">that the limited-term license certificate is temporary; and</subsection><subsection number="53-3-207(8)(b)">the limited-term license certificate's expiration date.</subsection></subsection><subsection number="53-3-207(9)"><subsection number="53-3-207(9)(a)">The division shall only issue a driving privilege card to an individual whose privilege was obtained without providing evidence of lawful presence in the United States as required under Subsection <xref depth="4" refnumber="53-3-205(8)" start="0">53-3-205(8)</xref>.</subsection><subsection number="53-3-207(9)(b)">The division shall distinguish a driving privilege card from a license certificate by:<subsection number="53-3-207(9)(b)(i)">use of a format, color, font, or other means; and</subsection><subsection number="53-3-207(9)(b)(ii)">clearly displaying on the front of the driving privilege card a phrase substantially similar to "FOR DRIVING PRIVILEGES ONLY -- NOT VALID FOR IDENTIFICATION."</subsection></subsection></subsection><subsection number="53-3-207(10)">The provisions of Subsection <xref depth="4" refnumber="53-3-207(7)(b)" start="0">(7)(b)</xref> do not apply to a learner permit, temporary permit, temporary regular license certificate, temporary limited-term license certificate, or any other temporary permit.</subsection><subsection number="53-3-207(11)">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 <xref depth="3" refnumber="53-3-223" start="0">53-3-223</xref>.</subsection><subsection number="53-3-207(12)"><subsection number="53-3-207(12)(a)">A governmental entity may not accept a driving privilege card as proof of personal identification.</subsection><subsection number="53-3-207(12)(b)">A driving privilege card may not be used as a document providing proof of an individual's age for any government required purpose.</subsection></subsection><subsection number="53-3-207(13)">An individual who violates Subsection <xref depth="4" refnumber="53-3-207(2)(b)" start="0">(2)(b)</xref> is guilty of an infraction.</subsection><subsection number="53-3-207(14)">Unless otherwise provided, the provisions, requirements, classes, endorsements, fees, restrictions, and sanctions under this code apply to a:<subsection number="53-3-207(14)(a)">driving privilege in the same way as a license or limited-term license issued under this chapter; and</subsection><subsection number="53-3-207(14)(b)">limited-term license certificate or driving privilege card in the same way as a regular license certificate issued under this chapter.</subsection></subsection></section><section number="53-3-208"><histories><history>Amended by Chapter <modchap sess="2015GS">412</modchap>, 2015 General Session</history><modyear>2015</modyear></histories><catchline>Restrictions.</catchline><subsection number="53-3-208(1)"><subsection number="53-3-208(1)(a)">
When granting a license, the division may for good cause impose restrictions, suitable to the licensee's driving ability, for the type of motor vehicle or special mechanical control devices required on a motor vehicle that the licensee may drive.</subsection><subsection number="53-3-208(1)(b)">
The division may impose other restrictions on the licensee as it determines appropriate to assure safe driving of a motor vehicle by the licensee.</subsection></subsection><subsection number="53-3-208(2)">
The division may either grant a special restricted license or may set forth restrictions upon the regular license certificate.</subsection><subsection number="53-3-208(3)"><subsection number="53-3-208(3)(a)">
The division may suspend or revoke any license upon receiving satisfactory evidence of any violation of the restrictions imposed on the license.</subsection><subsection number="53-3-208(3)(b)">
Each licensee is entitled to a hearing for a suspension or revocation under this chapter.</subsection></subsection><subsection number="53-3-208(4)">
It is an infraction for a person to drive a motor vehicle in violation of the restrictions imposed on his license under this section.</subsection></section><section number="53-3-209"><histories><history>Renumbered and Amended by Chapter <modchap sess="1993GS">234</modchap>, 1993 General Session</history><modyear>1993</modyear></histories><catchline>Provisional licenses only for persons under 21 -- Separate point system -- Denial and suspension procedures.</catchline><subsection number="53-3-209(1)">
The division may only grant a provisional license to a person younger than 21 years of age.</subsection><subsection number="53-3-209(2)"><subsection number="53-3-209(2)(a)">
The division shall make rules for the establishment and administration of a separate point system for persons granted provisional licenses to facilitate counseling, penalization, or both earlier than for persons 21 years of age or older.</subsection><subsection number="53-3-209(2)(b)">
The rules shall establish point thresholds at which each of the following actions are taken:<subsection number="53-3-209(2)(b)(i)">
a warning letter;</subsection><subsection number="53-3-209(2)(b)(ii)">
a request to appear for a hearing;</subsection><subsection number="53-3-209(2)(b)(iii)">
a denial of the driving privilege for first or second actions where the point total established under Section <xref depth="3" refid="C53-3-S221_1800010118000101" refnumber="53-3-221" start="0">53-3-221</xref> does not exceed the point threshold under which a person 21 years or older may be suspended; and</subsection><subsection number="53-3-209(2)(b)(iv)">
a suspension of the driving privilege.</subsection></subsection><subsection number="53-3-209(2)(c)">
The rules shall require:<subsection number="53-3-209(2)(c)(i)">
an extension of the denial or suspension period for further violations within the three-year period; and</subsection><subsection number="53-3-209(2)(c)(ii)">
denial or suspension of the driving privilege for failure to appear for a hearing required under this section.</subsection></subsection></subsection></section><section number="53-3-210.5"><histories><history>Amended by Chapter <modchap sess="2026GS">28</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Learner permit.</catchline><subsection number="53-3-210.5(1)">As used in this section, "parent" means an individual's parent, stepparent, or foster parent.</subsection><subsection number="53-3-210.5(2)">The division, upon receiving an application for a learner permit, may issue a learner permit effective for 18 months to an applicant who is at least 15 years old.</subsection><subsection number="53-3-210.5(3)"><subsection number="53-3-210.5(3)(a)">The learner permit entitles an applicant that is 18 years old or older to operate a class D motor vehicle only if an individual 21 years old or older who is a licensed driver is occupying a seat beside the applicant.</subsection><subsection number="53-3-210.5(3)(b)">The learner permit entitles an applicant that is younger than 18 years old to operate a class D motor vehicle only if:<subsection number="53-3-210.5(3)(b)(i)">an approved driving instructor is occupying a seat beside the applicant;</subsection><subsection number="53-3-210.5(3)(b)(ii)">the applicant's parent or legal guardian, who is a licensed driver, is occupying a seat beside the applicant;</subsection><subsection number="53-3-210.5(3)(b)(iii)">a responsible adult who has signed for the applicant under Section <xref depth="3" refnumber="53-3-211" start="0">53-3-211</xref> and who is a licensed driver, is occupying a seat beside the applicant; or</subsection><subsection number="53-3-210.5(3)(b)(iv)"><subsection number="53-3-210.5(3)(b)(iv)(A)">a responsible individual 21 years old or older who is not the parent or legal guardian is occupying a seat beside the applicant; </subsection><subsection number="53-3-210.5(3)(b)(iv)(B)">the applicant's parent or legal guardian is not a licensed driver; and</subsection><subsection number="53-3-210.5(3)(b)(iv)(C)">the individual described in Subsection <xref depth="4" refnumber="53-3-210.5(3)(b)(iv)(a)">(3)(b)(iv)(A)</xref> is a licensed driver and has in the individual's immediate possession evidence that the individual is authorized by the applicant's parent or legal guardian to accompany the applicant while operating the motor vehicle.</subsection></subsection></subsection><subsection number="53-3-210.5(3)(c)">The applicant shall have the learner permit in the applicant's immediate possession while operating the motor vehicle.</subsection></subsection><subsection number="53-3-210.5(4)">The division shall issue a learner permit to an applicant who:<subsection number="53-3-210.5(4)(a)">is at least 15 years old;</subsection><subsection number="53-3-210.5(4)(b)">has passed the knowledge test required by the division;</subsection><subsection number="53-3-210.5(4)(c)">has passed the physical and mental fitness tests; and</subsection><subsection number="53-3-210.5(4)(d)">has submitted a nonrefundable fee for a learner permit described in Section <xref depth="3" refnumber="53-3-105" start="0">53-3-105</xref>.</subsection></subsection><subsection number="53-3-210.5(5)"><subsection number="53-3-210.5(5)(a)">The division shall supply the learner permit form.</subsection><subsection number="53-3-210.5(5)(b)">The form described in Subsection (5)(a) shall include:<subsection number="53-3-210.5(5)(b)(i)">the applicant's full name, date of birth, sex, Utah residence address, height, weight, and eye color;</subsection><subsection number="53-3-210.5(5)(b)(ii)">the date of issuance and expiration of the permit; and</subsection><subsection number="53-3-210.5(5)(b)(iii)">the conditions and restrictions described in this section for operating a class D motor vehicle.</subsection></subsection></subsection><subsection number="53-3-210.5(6)">An application and fee for a learner permit entitle the applicant to:<subsection number="53-3-210.5(6)(a)">not more than three attempts to pass the knowledge test for a class D license within one year; and</subsection><subsection number="53-3-210.5(6)(b)">a learner permit after passing the knowledge test.</subsection></subsection><subsection number="53-3-210.5(7)"><subsection number="53-3-210.5(7)(a)">If an applicant has been issued a learner permit under this section or an equivalent by another state or branch of the United States Armed Forces, the applicant may be issued an original or provisional class D license from the division upon:<subsection number="53-3-210.5(7)(a)(i)">except as provided in Subsection <xref refnumber="4-null-37">(7)(c)</xref>, completing a driver education course in:<subsection number="53-3-210.5(7)(a)(i)(A)">a commercial driver training school licensed under <xref depth="2" refnumber="53-3-5" start="2">Part 5, Commercial Driver Training Schools Act</xref>; or</subsection><subsection number="53-3-210.5(7)(a)(i)(B)">a driver education program approved by the State Board of Education or the division;</subsection></subsection><subsection number="53-3-210.5(7)(a)(ii)">passing a knowledge test approved by the division that complies with Subsection (7)(d);</subsection><subsection number="53-3-210.5(7)(a)(iii)">passing the skills test approved by the division;</subsection><subsection number="53-3-210.5(7)(a)(iv)">reaching 16 years old; and</subsection><subsection number="53-3-210.5(7)(a)(v)">paying the nonrefundable fee for an original or provisional class D license application described in Section <xref depth="3" refnumber="53-3-105" start="0">53-3-105</xref>.</subsection></subsection><subsection number="53-3-210.5(7)(b)">In addition to the requirements described in Subsection (7)(a), an applicant who is 17 years old or younger shall hold a learner permit for six months before applying for a provisional class D license.</subsection><subsection number="53-3-210.5(7)(c)">An applicant is exempt from the requirement described in Subsection (7)(a)(i) if the applicant:<subsection number="53-3-210.5(7)(c)(i)">is 19 years old or older;</subsection><subsection number="53-3-210.5(7)(c)(ii)">holds a learner permit for three months before applying for an original class D license; and</subsection><subsection number="53-3-210.5(7)(c)(iii)">certifies that the applicant, under the authority of a permit issued under this chapter, has completed at least 40 hours of driving a motor vehicle, of which at least 10 hours were completed during night hours after sunset.</subsection></subsection><subsection number="53-3-210.5(7)(d)">Fifty percent of the test questions included in the knowledge test required under Subsection (7)(a)(ii) shall cover the topic of major causes of traffic related deaths as identified in statistics published by the Highway Safety Office.</subsection></subsection></section><section number="53-3-210.6"><histories><history>Amended by Chapter <modchap sess="2015GS">412</modchap>, 2015 General Session</history><modyear>2015</modyear></histories><catchline>Motorcycle learner permit.</catchline><subsection number="53-3-210.6(1)">
The division, upon receiving an application for a motorcycle learner permit, may issue a motorcycle learner permit effective for six months to an applicant who:
<subsection number="53-3-210.6(1)(a)">
holds an original or provisional class D license, a CDL, or an out-of-state equivalent of an original or provisional class D license or a CDL; and</subsection><subsection number="53-3-210.6(1)(b)">
has passed the motorcycle knowledge test.</subsection></subsection><subsection number="53-3-210.6(2)">
A motorcycle learner permit entitles an applicant to operate a motorcycle on a highway subject to the restrictions in Subsection <xref depth="4" refnumber="53-3-210.6(3)" start="0">(3)</xref>.</subsection><subsection number="53-3-210.6(3)"><subsection number="53-3-210.6(3)(a)">
For the first two months from the date a motorcycle learner permit is issued, the operator of a motorcycle holding the motorcycle learner permit may not operate a motorcycle:<subsection number="53-3-210.6(3)(a)(i)">
on a highway with a posted speed limit of more than 60 miles per hour;</subsection><subsection number="53-3-210.6(3)(a)(ii)">
with any passengers; or</subsection><subsection number="53-3-210.6(3)(a)(iii)">
during the nighttime hours after 10 p.m. and before 6 a.m.</subsection></subsection><subsection number="53-3-210.6(3)(b)">
For the third through sixth months from the date a motorcycle learner permit is issued, the operator of a motorcycle holding the motorcycle learner permit may operate a motorcycle without any restrictions imposed under this Subsection <xref depth="4" refnumber="53-3-210.6(3)" start="0">(3)</xref>.</subsection><subsection number="53-3-210.6(3)(c)">
It is an affirmative defense to a charge that a person who has been issued a motorcycle learner permit is operating a motorcycle in violation of the restrictions under Subsection <xref depth="4" refnumber="53-3-210.6(3)(a)" start="0">(3)(a)</xref> if the person is operating the motorcycle:<subsection number="53-3-210.6(3)(c)(i)">
for the operator's employment, including the trip to and from the operator's residence and the operator's employment;</subsection><subsection number="53-3-210.6(3)(c)(ii)">
on assignment of a rancher or farmer and the operator is engaged in an agricultural operation; or</subsection><subsection number="53-3-210.6(3)(c)(iii)">
in an emergency.</subsection></subsection><subsection number="53-3-210.6(3)(d)">
A violation of Subsection <xref depth="4" refnumber="53-3-210.6(3)(a)" start="0">(3)(a)</xref> is an infraction.</subsection></subsection><subsection number="53-3-210.6(4)">
In accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>, the division shall make rules governing the issuance of a motorcycle learner permit and establishing the proof requirements for an applicant to demonstrate that the applicant has completed a motorcycle rider education program.</subsection></section><section number="53-3-211"><histories><history>Amended by Chapter <modchap sess="2008GS">314</modchap>, 2008 General Session</history><modyear>2008</modyear></histories><catchline>Application of minors -- Liability of person signing application -- Cancellation of cosigning adult's liability -- Behind-the-wheel driving certification.</catchline><subsection number="53-3-211(1)">
As used in this section, "minor" means any person younger than 18 years of age who is not married or has not been emancipated by adjudication.</subsection><subsection number="53-3-211(2)"><subsection number="53-3-211(2)(a)">
The application of a minor for a learner permit or provisional license shall be signed by the parent or guardian of the applicant.</subsection><subsection number="53-3-211(2)(b)">
If the minor applicant does not have a parent or guardian or is in the legal custody of the Division of Child and Family Services, then a parent or responsible adult who is willing to assume the obligation imposed under this chapter may sign the application.</subsection></subsection><subsection number="53-3-211(3)"><subsection number="53-3-211(3)(a)">
Except as provided in Subsection <xref depth="4" refid="C53-3-S211_1800010118000101" refnumber="53-3-211(4)" start="0">(4)</xref>, the liability of a minor for civil compensatory damages caused when operating a motor vehicle upon a highway is imputed to the person who has signed the application of the minor under Subsection <xref depth="4" refid="C53-3-S211_1800010118000101" refnumber="53-3-211(2)" start="0">(2)</xref>.</subsection><subsection number="53-3-211(3)(b)">
The person who has signed the application under Subsection <xref depth="4" refid="C53-3-S211_1800010118000101" refnumber="53-3-211(2)" start="0">(2)</xref> is jointly and severally liable with the minor as provided in Subsections <xref depth="4" refid="C53-3-S211_1800010118000101" refnumber="53-3-211(3)(a)" start="0">(3)(a)</xref> and <xref depth="4" refid="C53-3-S211_1800010118000101" refnumber="53-3-211(3)(c)" start="0">(c)</xref>.</subsection><subsection number="53-3-211(3)(c)">
The liability imposed under Subsections <xref depth="4" refid="C53-3-S211_1800010118000101" refnumber="53-3-211(3)(a)" start="0">(3)(a)</xref> and <xref depth="4" refid="C53-3-S211_1800010118000101" refnumber="53-3-211(3)(b)" start="0">(b)</xref> is limited to the policy minimum limits established in Section <xref depth="3" refid="C31A-22-S304_1800010118000101" refnumber="31A-22-304" start="0">31A-22-304</xref>.</subsection><subsection number="53-3-211(3)(d)">
The liability provisions in this Subsection <xref depth="4" refid="C53-3-S211_1800010118000101" refnumber="53-3-211(3)" start="0">(3)</xref> are in addition to the liability provisions in Section <xref depth="3" refid="C53-3-S212_1800010118000101" refnumber="53-3-212" start="0">53-3-212</xref>.</subsection></subsection><subsection number="53-3-211(4)"><subsection number="53-3-211(4)(a)">
If owner's or operator's security covering the minor's operation of the motor vehicle is in effect in amounts as required under Section <xref depth="3" refid="C31A-22-S304_1800010118000101" refnumber="31A-22-304" start="0">31A-22-304</xref>, the person who signed the minor's application under Subsection <xref depth="4" refid="C53-3-S211_1800010118000101" refnumber="53-3-211(2)" start="0">(2)</xref> is not subject to the liability imposed under Subsection <xref depth="4" refid="C53-3-S211_1800010118000101" refnumber="53-3-211(3)" start="0">(3)</xref>.</subsection><subsection number="53-3-211(4)(b)">
Notwithstanding the requirement under Subsection <xref depth="4" refid="C53-3-S211_1800010118000101" refnumber="53-3-211(3)" start="0">(3)</xref>, if a foster parent signs an application under Subsection <xref depth="4" refid="C53-3-S211_1800010118000101" refnumber="53-3-211(2)" start="0">(2)</xref> for a minor who is in the legal custody of the Division of Child and Family Services and who resides with the foster parent, the foster parent's liability may not exceed the greater of:<subsection number="53-3-211(4)(b)(i)">
minimum liability insurance policy limits established under Section <xref depth="3" refid="C31A-22-S304_1800010118000101" refnumber="31A-22-304" start="0">31A-22-304</xref>; or</subsection><subsection number="53-3-211(4)(b)(ii)">
the policy limits of the foster parent's liability insurance policy issued in accordance with Section <xref depth="3" refid="C31A-22-S302_1800010118000101" refnumber="31A-22-302" start="0">31A-22-302</xref> that were in effect at the time damages were caused by the minor's operation of a motor vehicle.</subsection></subsection></subsection><subsection number="53-3-211(5)"><subsection number="53-3-211(5)(a)">
A person who has signed the application of a minor under Subsection <xref depth="4" refid="C53-3-S211_1800010118000101" refnumber="53-3-211(2)" start="0">(2)</xref> may file with the division a verified written request that the permit or license of the minor be canceled.</subsection><subsection number="53-3-211(5)(b)">
The division shall then cancel the permit or license of the minor, and the person who signed the application of the minor under Subsection <xref depth="4" refid="C53-3-S211_1800010118000101" refnumber="53-3-211(2)" start="0">(2)</xref> is relieved from the liability imposed under Subsection <xref depth="4" refid="C53-3-S211_1800010118000101" refnumber="53-3-211(3)" start="0">(3)</xref> or the minor operating a motor vehicle subsequent to the cancellation.</subsection></subsection><subsection number="53-3-211(6)"><subsection number="53-3-211(6)(a)">
The division upon receipt of satisfactory evidence of the death of the person who signed the application of a minor under Subsection <xref depth="4" refid="C53-3-S211_1800010118000101" refnumber="53-3-211(2)" start="0">(2)</xref> shall cancel the permit or license and may not issue a new permit or license until a new application, signed and verified, is made under this chapter.</subsection><subsection number="53-3-211(6)(b)">
This Subsection <xref depth="4" refid="C53-3-S211_1800010118000101" refnumber="53-3-211(6)" start="0">(6)</xref> does not apply to an application of a person who is no longer a minor.</subsection></subsection><subsection number="53-3-211(7)"><subsection number="53-3-211(7)(a)">
In addition to the liability assumed under this section, the person who signs the application of a minor for a provisional license must certify that the minor applicant, under the authority of a permit issued under this chapter, has completed at least 40 hours of driving a motor vehicle, of which at least 10 hours shall be during night hours after sunset.</subsection><subsection number="53-3-211(7)(b)">
The hours of driving a motor vehicle required under Subsection <xref depth="4" refid="C53-3-S211_1800010118000101" refnumber="53-3-211(7)(a)" start="0">(7)(a)</xref> may include:<subsection number="53-3-211(7)(b)(i)">
hours completed in a driver education course as required under Subsection <xref depth="4" refid="C53-3-S505.5_1800010118000101" refnumber="53-3-505.5(1)" start="0">53-3-505.5(1)</xref>; and</subsection><subsection number="53-3-211(7)(b)(ii)">
up to five hours completed by driving simulation practice on a fully interactive driving simulation device at the substitution rate provided under Subsection <xref depth="4" refid="C53-3-S505.5_1800010118000101" refnumber="53-3-505.5(2)(b)" start="0">53-3-505.5(2)(b)</xref>.</subsection></subsection></subsection></section><section number="53-3-212"><histories><history>Amended by Chapter <modchap sess="2010GS">86</modchap>, 2010 General Session</history><modyear>2010</modyear></histories><catchline>Owner giving permission and minor liable for damages caused by minor driving a motor vehicle.</catchline><subsection number="53-3-212(1)"><subsection number="53-3-212(1)(a)">
The owner of a motor vehicle causing or knowingly permitting a person younger than 18 years of age to drive the motor vehicle on a highway, or a person who gives or furnishes a motor vehicle to the minor, are each jointly and severally liable with the minor for any damages caused by the negligence of the minor in driving the motor vehicle.</subsection><subsection number="53-3-212(1)(b)">
If owner's or operator's security covering the minor's operation of the motor vehicle is in effect in amounts as required under Section <xref depth="3" refid="C31A-22-S304_1800010118000101" refnumber="31A-22-304" start="0">31A-22-304</xref>, the owner of the motor vehicle or the person who gave or furnished the motor vehicle to the minor under Subsection <xref depth="4" refid="C53-3-S212_1800010118000101" refnumber="53-3-212(1)" start="0">(1)</xref> is not subject to the liability imposed under Subsection <xref depth="4" refid="C53-3-S212_1800010118000101" refnumber="53-3-212(1)" start="0">(1)</xref>.</subsection></subsection><subsection number="53-3-212(2)">
Nothing under Subsection <xref depth="4" refid="C53-3-S212_1800010118000101" refnumber="53-3-212(1)" start="0">(1)</xref> prohibits a cause of action for any direct negligence on the part of the person furnishing the motor vehicle to the minor.</subsection><subsection number="53-3-212(3)">
This liability provision is in addition to the liability provisions in Section <xref depth="3" refid="C53-3-S211_1800010118000101" refnumber="53-3-211" start="0">53-3-211</xref>.</subsection></section><section number="53-3-213"><histories><history>Amended by Chapter <modchap sess="2015GS">412</modchap>, 2015 General Session</history><modyear>2015</modyear></histories><catchline>Age and experience requirements to drive school bus or certain other carriers -- Misdemeanor to drive unauthorized class of motor vehicle -- Waiver of driving examination by third party certification.</catchline><subsection number="53-3-213(1)"><subsection number="53-3-213(1)(a)">
A person must be at least 21 years of age:<subsection number="53-3-213(1)(a)(i)">
to drive any school bus;</subsection><subsection number="53-3-213(1)(a)(ii)">
to drive any commercial motor vehicle outside this state; or</subsection><subsection number="53-3-213(1)(a)(iii)">
while transporting passengers for hire or hazardous materials.</subsection></subsection><subsection number="53-3-213(1)(b)">
Subject to the requirements of Subsection <xref depth="4" refnumber="53-3-213(1)(a)" start="0">(1)(a)</xref>, the division may grant a commercial driver license to any applicant who is at least 18 years of age and has had at least one year of previous driving experience.</subsection><subsection number="53-3-213(1)(c)">
It is an infraction for any person to drive a class of motor vehicle for which he is not licensed.</subsection></subsection><subsection number="53-3-213(2)"><subsection number="53-3-213(2)(a)">
At the discretion of the commissioner and under standards established by the division, persons employed as commercial drivers may submit a third party certification as provided in <xref depth="2" refnumber="53-3-4" start="2">Part 4, Uniform Commercial Driver License Act</xref>, in lieu of the driving segment of the examination.</subsection><subsection number="53-3-213(2)(b)">
The division shall maintain necessary records and set standards to certify companies desiring to qualify under Subsection <xref depth="4" refnumber="53-3-213(2)(a)" start="0">(2)(a)</xref>.</subsection></subsection></section><section number="53-3-214"><histories><history>Amended by Chapter <modchap sess="2026GS">332</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Renewal -- Fees required -- Extension without examination.</catchline><subsection number="53-3-214(1)"><subsection number="53-3-214(1)(a)">The holder of a valid license may renew the holder's license and any endorsement to the license by applying:<subsection number="53-3-214(1)(a)(i)">at any time within six months before the license expires; or</subsection><subsection number="53-3-214(1)(a)(ii)">more than six months prior to the expiration date if the applicant furnishes proof that the applicant will be absent from the state during the six-month period prior to the expiration of the license.</subsection></subsection><subsection number="53-3-214(1)(b)">The application for a renewal of, extension of, or any endorsement to a license shall be accompanied by a fee under Section <xref depth="3" refnumber="53-3-105" start="0">53-3-105</xref>.</subsection></subsection><subsection number="53-3-214(2)"><subsection number="53-3-214(2)(a)">Except as provided under Subsections <xref depth="4" refnumber="53-3-214(2)(b)" start="0">(2)(b)</xref> and <xref depth="4" refnumber="53-3-214(3)" start="0">(3)</xref>, upon application for renewal of a regular license certificate, provisional license, and any endorsement to a regular license certificate, the division shall reexamine each applicant as if for an original license and endorsement to the license, if applicable.</subsection><subsection number="53-3-214(2)(b)">Except as provided under Subsection <xref depth="4" refnumber="53-3-214(2)(c)" start="0">(2)(c)</xref>, upon application for renewal of a limited-term license certificate, limited-term provisional license certificate, and any endorsement to a limited-term license certificate, the division shall:<subsection number="53-3-214(2)(b)(i)">reexamine each applicant as if for an original limited-term license certificate and endorsement to the limited-term license certificate, if applicable; and</subsection><subsection number="53-3-214(2)(b)(ii)">verify through valid documentary evidence that the status by which the individual originally qualified for the limited-term license certificate has been extended by the United States Citizenship and Immigration Services or other authorized agency of the United States Department of Homeland Security.</subsection></subsection><subsection number="53-3-214(2)(c)">The division may waive any or all portions of the test designed to demonstrate the applicant's ability to exercise ordinary and reasonable control driving a motor vehicle.</subsection></subsection><subsection number="53-3-214(3)"><subsection number="53-3-214(3)(a)"><subsection number="53-3-214(3)(a)(i)">Except as provided under Subsections <xref depth="4" refnumber="53-3-214(3)(b)" start="0">(3)(b)</xref> and <xref depth="4" refnumber="53-3-214(3)(c)" start="0">(c)</xref>, the division may renew or extend a regular license certificate or any endorsement to the regular license certificate for eight years without examination for licensees whose driving records for the eight years immediately preceding the determination of eligibility for extension show:<subsection number="53-3-214(3)(a)(i)(A)">no suspensions;</subsection><subsection number="53-3-214(3)(a)(i)(B)">no revocations;</subsection><subsection number="53-3-214(3)(a)(i)(C)">no conviction for reckless driving under Section <xref depth="3" refnumber="41-6a-528" start="0">41-6a-528</xref>; and</subsection><subsection number="53-3-214(3)(a)(i)(D)">no more than six reportable violations in the preceding eight years.</subsection></subsection><subsection number="53-3-214(3)(a)(ii)">Except as provided under Subsections <xref depth="4" refnumber="53-3-214(3)(b)" start="0">(3)(b)</xref> and <xref depth="4" refnumber="53-3-214(3)(c)" start="0">(c)</xref>, the division may renew or extend a provisional license and any endorsement to a provisional license for eight years without examination for licensees whose driving records for the five years immediately preceding the determination of eligibility for extension show:<subsection number="53-3-214(3)(a)(ii)(A)">no suspensions;</subsection><subsection number="53-3-214(3)(a)(ii)(B)">no revocations;</subsection><subsection number="53-3-214(3)(a)(ii)(C)">no conviction for reckless driving under Section <xref depth="3" refnumber="41-6a-528" start="0">41-6a-528</xref>; and</subsection><subsection number="53-3-214(3)(a)(ii)(D)">no more than four reportable violations in the preceding five years.</subsection></subsection><subsection number="53-3-214(3)(a)(iii)">Except as provided under Subsections <xref depth="4" refnumber="53-3-214(3)(b)" start="0">(3)(b)</xref> and <xref depth="4" refnumber="53-3-214(3)(c)" start="0">(c)</xref>, the division may renew or extend a limited term license and any endorsement to a limited term license for five years without examination for licensees whose driving records for the five years immediately preceding the determination of eligibility for extension show:<subsection number="53-3-214(3)(a)(iii)(A)">no suspensions;</subsection><subsection number="53-3-214(3)(a)(iii)(B)">no revocations;</subsection><subsection number="53-3-214(3)(a)(iii)(C)">no conviction for reckless driving under Section <xref depth="3" refnumber="41-6a-528" start="0">41-6a-528</xref>; and</subsection><subsection number="53-3-214(3)(a)(iii)(D)">no more than four reportable violations in the preceding five years.</subsection></subsection></subsection><subsection number="53-3-214(3)(b)">Except as provided in Subsection <xref depth="4" refnumber="53-3-214(3)(g)" start="0">(3)(g)</xref>, after the expiration of a regular license certificate, a new regular license certificate and any endorsement to a regular license certificate may not be issued until the person has again passed the tests under Section <xref depth="3" refnumber="53-3-206" start="0">53-3-206</xref> and paid the required fee.</subsection><subsection number="53-3-214(3)(c)">After the expiration of a limited-term license certificate, a new limited-term license certificate and any endorsement to a limited-term license certificate may not be issued until the person has:<subsection number="53-3-214(3)(c)(i)">again passed the tests under Section <xref depth="3" refnumber="53-3-206" start="0">53-3-206</xref> and paid the required fee; and</subsection><subsection number="53-3-214(3)(c)(ii)">presented documentary evidence that the status by which the individual originally qualified for the limited-term license certificate has been extended by the United States Citizenship and Immigration Services or other authorized agency of the United States Department of Homeland Security.</subsection></subsection><subsection number="53-3-214(3)(d)">A person 65 years old or older shall take and pass the eye examination specified in Section <xref depth="3" refnumber="53-3-206" start="0">53-3-206</xref>.</subsection><subsection number="53-3-214(3)(e)">An extension may not be granted to any person:<subsection number="53-3-214(3)(e)(i)">who is identified by the division as having a medical impairment that may represent a hazard to public safety;</subsection><subsection number="53-3-214(3)(e)(ii)">holding a CDL or limited-term CDL issued under <xref depth="2" refnumber="53-3-4" start="2">Part 4, Uniform Commercial Driver License Act</xref>;</subsection><subsection number="53-3-214(3)(e)(iii)">who is holding a limited-term license certificate; or</subsection><subsection number="53-3-214(3)(e)(iv)">who is holding a driving privilege card issued in accordance with Section <xref depth="3" refnumber="53-3-207" start="0">53-3-207</xref>.</subsection></subsection><subsection number="53-3-214(3)(f)">The division shall allow extensions:<subsection number="53-3-214(3)(f)(i)">by mail, electronic means, or other means as determined by the division at the appropriate extension fee rate under Section <xref depth="3" refnumber="53-3-105" start="0">53-3-105</xref>;</subsection><subsection number="53-3-214(3)(f)(ii)">only if the applicant qualifies under this section; and</subsection><subsection number="53-3-214(3)(f)(iii)">for only one extension.</subsection></subsection><subsection number="53-3-214(3)(g)">The division may waive any or all portions of the test designed to demonstrate the applicant's ability to exercise ordinary and reasonable control driving a motor vehicle.</subsection></subsection><subsection number="53-3-214(4)">In accordance with this section, the division shall coordinate with:<subsection number="53-3-214(4)(a)">the Department of Corrections in providing an inmate with access to a driver license certificate as described in Section <xref depth="3" refnumber="64-13-10.6" start="0">64-13-10.6</xref>; and</subsection><subsection number="53-3-214(4)(b)">a county jail in providing a county inmate with access to a driver license certificate as described in Section <xref depth="3" refnumber="17-72-411">17-72-411</xref>.</subsection></subsection></section><section number="53-3-214.5"><histories><history>Amended by Chapter <modchap sess="2003GS">30</modchap>, 2003 General Session</history><modyear>2003</modyear><history>Amended by Chapter <modchap sess="2003GS">126</modchap>, 2003 General Session</history><modyear>2003</modyear></histories><catchline>License or identification card checkoff for vision screening.</catchline><subsection number="53-3-214.5(1)">
A person who applies for a license or identification card or a renewal of a license or identification card may designate a voluntary contribution for vision screening of $2.</subsection><subsection number="53-3-214.5(2)">
This contribution shall be:
<subsection number="53-3-214.5(2)(a)">
collected by the division;</subsection><subsection number="53-3-214.5(2)(b)">
treated as a voluntary contribution to Friends For Sight to provide blindness prevention education, screening, and treatment and not as a license fee; and</subsection><subsection number="53-3-214.5(2)(c)">
transferred to Friends For Sight at least monthly, less actual administrative costs associated with collecting and transferring the contributions.</subsection></subsection></section><section number="53-3-214.7"><histories><history>Amended by Chapter <modchap sess="2023GS">328</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>License or identification card checkoff for promoting and supporting organ donation.</catchline><subsection number="53-3-214.7(1)">
A person who applies for a license or identification card or a renewal of a license or identification card may designate a voluntary contribution of $2 for the purpose of promoting and supporting organ donation.</subsection><subsection number="53-3-214.7(2)">
This contribution shall be:
<subsection number="53-3-214.7(2)(a)">
collected by the division;</subsection><subsection number="53-3-214.7(2)(b)">
treated as a voluntary contribution to the Allyson Gamble Organ Donation Contribution Fund created in Section <xref depth="3" refnumber="26B-1-312" start="0">26B-1-312</xref> and not as a license fee; and</subsection><subsection number="53-3-214.7(2)(c)">
transferred to the Allyson Gamble Organ Donation Contribution Fund created in Section <xref depth="3" refnumber="26B-1-312" start="0">26B-1-312</xref> at least monthly, less actual administrative costs associated with collecting and transferring the contributions.</subsection></subsection></section><section number="53-3-214.8"><histories><history>Amended by Chapter <modchap sess="2023GS">328</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>License or identification card checkoff for public transportation for seniors or people with disabilities.</catchline><subsection number="53-3-214.8(1)">
A person who applies for a license or identification card or a renewal of a license or identification card may designate a voluntary contribution of $1 for public transportation assistance for seniors or people with disabilities.</subsection><subsection number="53-3-214.8(2)">
This contribution shall be:
<subsection number="53-3-214.8(2)(a)">
collected by the division;</subsection><subsection number="53-3-214.8(2)(b)">
treated as a voluntary contribution to the "Out and About" Homebound Transportation Assistance Fund created in Section <xref depth="3" refnumber="26B-1-323" start="0">26B-1-323</xref> to provide public transportation assistance for seniors or people with disabilities and not as a license fee; and</subsection><subsection number="53-3-214.8(2)(c)">
transferred to the "Out and About" Homebound Transportation Assistance Fund created in Section <xref depth="3" refnumber="26B-1-323" start="0">26B-1-323</xref> at least monthly, less actual administrative costs associated with collecting and transferring the contributions.</subsection></subsection></section><section number="53-3-215"><histories><history>Amended by Chapter <modchap sess="2012GS">335</modchap>, 2012 General Session</history><modyear>2012</modyear></histories><catchline>Duplicate license certificate -- Fee.</catchline><subsection number="53-3-215(1)"><subsection number="53-3-215(1)(a)">
If a license certificate issued under this chapter is lost, stolen, or destroyed, the person to whom the license certificate was issued may obtain a duplicate upon furnishing proof satisfactory to the division that the license certificate has been lost, stolen, or destroyed and upon payment of a duplicate fee under Section <xref depth="3" refid="C53-3-S105_1800010118000101" refnumber="53-3-105" start="0">53-3-105</xref>.</subsection><subsection number="53-3-215(1)(b)">
A person may not be issued a duplicate license certificate under this section unless the person complies with Subsection <xref depth="4" refid="C53-3-S204_1800010118000101" refnumber="53-3-204(2)(f)" start="0">53-3-204(2)(f)</xref>.</subsection></subsection><subsection number="53-3-215(2)">
When the division is advised that a license certificate has been lost, stolen, or destroyed, the license certificate is then void.</subsection></section><section number="53-3-216"><histories><history>Amended by Chapter <modchap sess="2025GS">291</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Change of address -- Duty of licensee to notify division within 10 days -- Change of name -- Proof necessary -- Method of giving notice by division.</catchline><subsection number="53-3-216(1)"><subsection number="53-3-216(1)(a)">Except as provided in Subsection (1)(b), if an individual, after applying for or receiving a license, moves from the address named in the application or in the license certificate issued to the individual, the individual shall, within 10 days after the day on which the individual moves, notify the division in a manner specified by the division of the individual's new address and the number of any license certificate held by the individual.</subsection><subsection number="53-3-216(1)(b)">If an individual who is required to register as a sex offender, kidnap offender, or child abuse offender under Title 53, Chapter 29, Sex, Kidnap, and Child Abuse Offender Registry, after applying for or receiving a license, moves from the address named in the application or in the license certificate issued to the individual, the individual shall, within 30 days after the day on which the individual moves, apply for an updated license in-person at a division office.</subsection></subsection><subsection number="53-3-216(2)">If an applicant requests to change the surname on the applicant's license, the division shall issue a substitute license with the new name upon receiving an application and fee for a duplicate license and any of the following proofs of the applicant's full legal name:<subsection number="53-3-216(2)(a)">an original or certified copy of the applicant's marriage certificate;</subsection><subsection number="53-3-216(2)(b)">a certified copy of a court order under Title 42, Chapter 1, Change of Name, showing the name change;</subsection><subsection number="53-3-216(2)(c)">an original or certified copy of a birth certificate issued by a government agency;</subsection><subsection number="53-3-216(2)(d)">a certified copy of a divorce decree or annulment granted the applicant that specifies the name change requested; or</subsection><subsection number="53-3-216(2)(e)">a certified copy of a divorce decree that does not specify the name change requested together with:<subsection number="53-3-216(2)(e)(i)">an original or certified copy of the applicant's birth certificate;</subsection><subsection number="53-3-216(2)(e)(ii)">the applicant's marriage license;</subsection><subsection number="53-3-216(2)(e)(iii)">a driver license record showing use of a maiden name; or</subsection><subsection number="53-3-216(2)(e)(iv)">other documentation the division finds acceptable.</subsection></subsection></subsection><subsection number="53-3-216(3)"><subsection number="53-3-216(3)(a)">If the division is authorized or required to give a notice under this chapter or other law regulating the operation of vehicles, the notice shall, unless otherwise prescribed, be given by:<subsection number="53-3-216(3)(a)(i)">personal delivery to the individual to be notified; or</subsection><subsection number="53-3-216(3)(a)(ii)">deposit in the United States mail with postage prepaid, addressed to the individual at the individual's address as shown by the records of the division.</subsection></subsection><subsection number="53-3-216(3)(b)">The giving of notice by mail is complete upon the expiration of four days after the deposit of the notice.</subsection><subsection number="53-3-216(3)(c)">Proof of the giving of notice in either manner may be made by the certificate of an officer or employee of the division or affidavit of an individual 18 years old or older, naming the individual to whom the notice was given and specifying the time, place, and manner of giving the notice.</subsection></subsection><subsection number="53-3-216(4)">The division may use state mailing or United States Postal Service information to:<subsection number="53-3-216(4)(a)">verify an address on an application or on records of the division; and</subsection><subsection number="53-3-216(4)(b)">correct mailing addresses in the division's records.</subsection></subsection><subsection number="53-3-216(5)">A violation of the provisions of Subsection (1) is an infraction.</subsection></section><section number="53-3-217"><histories><history>Amended by Chapter <modchap sess="2015GS">412</modchap>, 2015 General Session</history><modyear>2015</modyear></histories><catchline>License to be carried when driving motor vehicle -- Production in court -- Violation.</catchline><subsection number="53-3-217(1)"><subsection number="53-3-217(1)(a)">
The licensee shall have his license certificate in his immediate possession at all times when driving a motor vehicle.</subsection><subsection number="53-3-217(1)(b)">
A licensee shall display his license certificate upon demand of a justice of peace, a peace officer, or a field deputy or inspector of the division.</subsection></subsection><subsection number="53-3-217(2)">
It is a defense to a charge under this section that the person charged produces in court a license certificate issued to him and valid at the time of his citation or arrest.</subsection><subsection number="53-3-217(3)">
A person who violates Subsection <xref depth="4" refnumber="53-3-217(1)(a)" start="0">(1)(a)</xref> or <xref depth="4" refnumber="53-3-217(1)(b)" start="0">(1)(b)</xref> is guilty of an infraction.</subsection></section><section number="53-3-218"><histories><history>Amended by Chapter <modchap sess="2023GS">415</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Court to report convictions and may recommend suspension of license -- Severity of speeding violation defined.</catchline><subsection number="53-3-218(1)">
As used in this section, "conviction" means conviction by the court of first impression or final administrative determination in an administrative traffic proceeding.</subsection><subsection number="53-3-218(2)"><subsection number="53-3-218(2)(a)">
Except as provided in Subsection <xref depth="4" refnumber="53-3-218(2)(c)" start="0">(2)(c)</xref>, a court having jurisdiction over offenses committed under this chapter or any other law of this state, or under any municipal ordinance regulating driving motor vehicles on highways or driving motorboats on the water, shall forward to the division within five days, an abstract of the court record of the conviction or plea held in abeyance of any person in the court for a reportable traffic or motorboating violation of any laws or ordinances, and may recommend the suspension of the license of the person convicted.</subsection><subsection number="53-3-218(2)(b)">
When the division receives a court record of a conviction or plea in abeyance for a motorboat violation, the division may only take action against a person's driver license if the motorboat violation is for a violation of <xref depth="2" refnumber="41-6a-5" start="0">Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving</xref>.</subsection><subsection number="53-3-218(2)(c)">
A court may not forward to the division an abstract of a court record of a conviction for a violation described in Subsection <xref depth="4" refnumber="53-3-220(1)(c)(i)" start="0">53-3-220(1)(c)(i)</xref>, unless the court found that the person convicted of the violation was an operator of a motor vehicle at the time of the violation.</subsection></subsection><subsection number="53-3-218(3)"><subsection number="53-3-218(3)(a)">
A court may not order the division to suspend a person's driver license based solely on the person's failure to pay a penalty accounts receivable.</subsection><subsection number="53-3-218(3)(b)">
The court may notify the division, and the division may, prior to sentencing, suspend the driver license of a person who fails to appear if the person is charged with:<subsection number="53-3-218(3)(b)(i)">
an offense of any level that is a moving traffic violation;</subsection><subsection number="53-3-218(3)(b)(ii)">
an offense described in <xref depth="2" refnumber="41-12a-3" start="0">Title 41, Chapter 12a, Part 3, Owner's or Operator's Security Requirement</xref>; or</subsection><subsection number="53-3-218(3)(b)(iii)">
an offense described in Subsection <xref depth="4" refnumber="53-3-220(1)(a)" start="0">53-3-220(1)(a)</xref> or <xref depth="4" refnumber="53-3-220(1)(b)" start="0">(b)</xref>.</subsection></subsection></subsection><subsection number="53-3-218(4)">
The abstract shall be made in the form prescribed by the division and shall include:
<subsection number="53-3-218(4)(a)">
the name, date of birth, and address of the party charged;</subsection><subsection number="53-3-218(4)(b)">
the license certificate number of the party charged, if any;</subsection><subsection number="53-3-218(4)(c)">
the registration number of the motor vehicle or motorboat involved;</subsection><subsection number="53-3-218(4)(d)">
whether the motor vehicle was a commercial motor vehicle;</subsection><subsection number="53-3-218(4)(e)">
whether the motor vehicle carried hazardous materials;</subsection><subsection number="53-3-218(4)(f)">
whether the motor vehicle carried 16 or more occupants;</subsection><subsection number="53-3-218(4)(g)">
whether the driver presented a commercial driver license;</subsection><subsection number="53-3-218(4)(h)">
the nature of the offense;</subsection><subsection number="53-3-218(4)(i)">
whether the offense involved an accident;</subsection><subsection number="53-3-218(4)(j)">
the driver's blood alcohol content, if applicable;</subsection><subsection number="53-3-218(4)(k)">
if the offense involved a speeding violation:<subsection number="53-3-218(4)(k)(i)">
the posted speed limit;</subsection><subsection number="53-3-218(4)(k)(ii)">
the actual speed; and</subsection><subsection number="53-3-218(4)(k)(iii)">
whether the speeding violation occurred on a highway that is part of the interstate system as defined in Section <xref depth="3" refnumber="72-1-102" start="0">72-1-102</xref>;</subsection></subsection><subsection number="53-3-218(4)(l)">
the date of the hearing;</subsection><subsection number="53-3-218(4)(m)">
the plea;</subsection><subsection number="53-3-218(4)(n)">
the judgment or whether bail was forfeited; and</subsection><subsection number="53-3-218(4)(o)">
the severity of the violation, which shall be graded by the court as "minimum," "intermediate," or "maximum" as established in accordance with Subsection <xref depth="4" refnumber="53-3-221(4)" start="0">53-3-221(4)</xref>.</subsection></subsection><subsection number="53-3-218(5)">
When a convicted person secures a judgment of acquittal or reversal in any appellate court after conviction in the court of first impression, the division shall reinstate the convicted person's license immediately upon receipt of a certified copy of the judgment of acquittal or reversal.</subsection><subsection number="53-3-218(6)">
Upon a conviction for a violation of the prohibition on using a wireless communication device while operating a moving motor vehicle under Section <xref depth="3" refnumber="41-6a-1716" start="0">41-6a-1716</xref>, a judge may order a suspension of the convicted person's license for a period of three months.</subsection><subsection number="53-3-218(7)">
Upon a conviction for a violation of careless driving under Section <xref depth="3" refnumber="41-6a-1715" start="0">41-6a-1715</xref> that causes or results in the death of another person, a judge may order a revocation of the convicted person's license for a period of one year.</subsection></section><section number="53-3-219"><histories><history>Amended by Chapter <modchap sess="2025GS">173</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Suspension of minor's driving privileges.</catchline><subsection number="53-3-219(1)">The division shall immediately suspend all driving privileges of any person upon receipt of an order suspending driving privileges under Section <xref depth="3" refnumber="32B-4-409" start="0">32B-4-409</xref>, Section <xref depth="3" refnumber="32B-4-410" start="0">32B-4-410</xref>, Subsection <xref tempid="800" depth="4" refnumber="76-9-110(6)(a)">76-9-110(6)(a)</xref>, or Section <xref depth="3" refnumber="80-6-707" start="0">80-6-707</xref>.</subsection><subsection number="53-3-219(2)"><subsection number="53-3-219(2)(a)"><subsection number="53-3-219(2)(a)(i)">Upon receipt of the first order suspending a person's driving privileges under Section <xref depth="3" refnumber="32B-4-409" start="0">32B-4-409</xref>, Section <xref depth="3" refnumber="32B-4-410" start="0">32B-4-410</xref>, Subsection <xref tempid="954" depth="4" refnumber="76-9-110(6)(a)">76-9-110(6)(a)</xref>, or Section <xref depth="3" refnumber="80-6-707" start="0">80-6-707</xref>, the division shall:<subsection number="53-3-219(2)(a)(i)(A)">impose a suspension for a period of one year;</subsection><subsection number="53-3-219(2)(a)(i)(B)">if the person has not been issued an operator license, deny the person's application for a license or learner's permit for a period of one year; or</subsection><subsection number="53-3-219(2)(a)(i)(C)">if the person is under the age of eligibility for a driver license, deny the person's application for a license or learner's permit beginning on the date of conviction and continuing for one year beginning on the date of eligibility for a driver license.</subsection></subsection><subsection number="53-3-219(2)(a)(ii)">Upon receipt of the first order suspending a person's driving privileges under this section, the division shall reduce the suspension period under Subsection <xref depth="4" refnumber="53-3-219(2)(a)(i)(A)" start="0">(2)(a)(i)(A)</xref>, <xref depth="4" refnumber="53-3-219(2)(a)(i)(B)" start="0">(B)</xref>, or <xref depth="4" refnumber="53-3-219(2)(a)(i)(C)" start="0">(C)</xref> if ordered by the court in accordance with Subsection <xref depth="4" refnumber="32B-4-409(5)(b)" start="0">32B-4-409(5)(b)</xref>, <xref depth="4" refnumber="32B-4-410(4)(b)" start="0">32B-4-410(4)(b)</xref>, <xref tempid="1096" depth="4" refnumber="76-9-110(6)(b)">76-9-110(6)(b)</xref>, or <xref depth="4" refnumber="80-6-707(3)(a)" start="0">80-6-707(3)(a)</xref>.</subsection></subsection><subsection number="53-3-219(2)(b)"><subsection number="53-3-219(2)(b)(i)">Upon receipt of a second or subsequent order suspending a person's driving privileges under Section <xref depth="3" refnumber="32B-4-409" start="0">32B-4-409</xref>, Section <xref depth="3" refnumber="32B-4-410" start="0">32B-4-410</xref>, Subsection <xref tempid="391" depth="4" refnumber="76-9-110(6)(a)">76-9-110(6)(a)</xref>, or Subsection <xref depth="4" refnumber="80-6-707(3)(b)" start="0">80-6-707(3)(b)</xref>, the division shall:<subsection number="53-3-219(2)(b)(i)(A)">impose a suspension for a period of two years;</subsection><subsection number="53-3-219(2)(b)(i)(B)">if the person has not been issued an operator license or is under the age of eligibility for a driver license, deny the person's application for a license or learner's permit for a period of two years; or</subsection><subsection number="53-3-219(2)(b)(i)(C)">if the person is under the age of eligibility for a driver license, deny the person's application for a license or learner's permit beginning on the date of conviction and continuing for two years beginning on the date of eligibility for a driver license.</subsection></subsection><subsection number="53-3-219(2)(b)(ii)">Upon receipt of the second or subsequent order suspending a person's driving privileges under Section <xref depth="3" refnumber="32B-4-409" start="0">32B-4-409</xref>, Section <xref depth="3" refnumber="32B-4-410" start="0">32B-4-410</xref>, Subsection <xref tempid="748" depth="4" refnumber="76-9-110(6)(a)">76-9-110(6)(a)</xref>, or Section <xref depth="3" refnumber="80-6-707" start="0">80-6-707</xref>, the division shall reduce the suspension period if ordered by the court in accordance with Subsection <xref depth="4" refnumber="32B-4-409(5)(c)" start="0">32B-4-409(5)(c)</xref>, <xref depth="4" refnumber="32B-4-410(4)(c)" start="0">32B-4-410(4)(c)</xref>, <xref depth="4" refnumber="76-9-110(6)(c)">76-9-110(6)(c)</xref>, or <xref depth="4" refnumber="80-6-707(3)(b)" start="0">80-6-707(3)(b)</xref>.</subsection></subsection></subsection><subsection number="53-3-219(3)">The Driver License Division shall subtract from any suspension or revocation period for a conviction of a violation of Section <xref depth="3" refnumber="32B-4-409" start="0">32B-4-409</xref> the number of days for which a license was previously suspended under Section <xref depth="3" refnumber="53-3-231" start="0">53-3-231</xref>, if the previous sanction was based on the same occurrence upon which the record of conviction is based.</subsection><subsection number="53-3-219(4)">After reinstatement of the license described in Subsection <xref depth="4" refnumber="53-3-219(1)" start="0">(1)</xref>, a report authorized under Section <xref depth="3" refnumber="53-3-104" start="0">53-3-104</xref> may not contain evidence of the suspension of a minor's license under this section if the minor has not been convicted of any other offense for which the suspension under Subsection <xref depth="4" refnumber="53-3-219(1)" start="0">(1)</xref> may be extended.</subsection></section><section number="53-3-220"><histories><history>Amended by Chapter <modchap sess="2026GS">362</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Offenses requiring mandatory revocation, denial, suspension, or disqualification of license -- Offense requiring an extension of period -- Hearing -- Limited driving privileges.</catchline><subsection number="53-3-220(1)"><subsection number="53-3-220(1)(a)">The division shall immediately revoke or, when this chapter, Title 41, Chapter 1a, Motor Vehicle Act, Title 41, Chapter 6a, Traffic Code, or Section <xref depth="3" refnumber="76-5-303">76-5-303</xref>, specifically provides for denial, suspension, or disqualification, the division shall deny, suspend, or disqualify the license or endorsement of a person upon receiving a record of the person's conviction for:<subsection number="53-3-220(1)(a)(i)">manslaughter or negligent homicide resulting from driving a motor vehicle, automobile homicide under Section <xref depth="3" refnumber="76-5-207">76-5-207</xref>, or automobile homicide involving using a handheld wireless communication device while driving under Section <xref depth="3" refnumber="76-5-207.5">76-5-207.5</xref>;</subsection><subsection number="53-3-220(1)(a)(ii)">driving or being in actual physical control of a motor vehicle while under the influence of alcohol, any drug, or combination of them to a degree that renders the person incapable of safely driving a motor vehicle as prohibited in Section <xref depth="3" refnumber="41-6a-502">41-6a-502</xref> or as prohibited in an ordinance that complies with the requirements of Subsection <xref depth="4" refnumber="41-6a-510(1)">41-6a-510(1)</xref>;</subsection><subsection number="53-3-220(1)(a)(iii)">driving or being in actual physical control of a motor vehicle while having a blood or breath alcohol content as prohibited in Section <xref depth="3" refnumber="41-6a-502">41-6a-502</xref> or as prohibited in an ordinance that complies with the requirements of Subsection <xref depth="4" refnumber="41-6a-510(1)">41-6a-510(1)</xref>;</subsection><subsection number="53-3-220(1)(a)(iv)">perjury or the making of a false affidavit to the division under this chapter, Title 41, Motor Vehicles, or any other law of this state requiring the registration of motor vehicles or regulating driving on highways;</subsection><subsection number="53-3-220(1)(a)(v)">any felony under the motor vehicle laws of this state;</subsection><subsection number="53-3-220(1)(a)(vi)">any other felony in which a motor vehicle is used to facilitate the offense;</subsection><subsection number="53-3-220(1)(a)(vii)">failure to stop and render aid as required under the laws of this state if a motor vehicle accident results in the death or personal injury of another;</subsection><subsection number="53-3-220(1)(a)(viii)">two charges of reckless driving, impaired driving, or any combination of reckless driving and impaired driving committed within a period of 12 months; but if upon a first conviction of reckless driving or impaired driving the judge or justice recommends suspension of the convicted person's license, the division may after a hearing suspend the license for a period of three months;</subsection><subsection number="53-3-220(1)(a)(ix)">failure to bring a motor vehicle to a stop at the command of a law enforcement officer as required in Section <xref depth="3" refnumber="41-6a-210">41-6a-210</xref>;</subsection><subsection number="53-3-220(1)(a)(x)">any offense specified in Part 4, Uniform Commercial Driver License Act, that requires disqualification;</subsection><subsection number="53-3-220(1)(a)(xi)">a violation of Section <xref depth="3" refnumber="76-11-209">76-11-209</xref> involving the discharging or allowing the discharging of a firearm from a vehicle or a violation of Section <xref depth="3" refnumber="76-11-210">76-11-210</xref>;</subsection><subsection number="53-3-220(1)(a)(xii)">using, allowing the use of, or causing to be used any explosive, chemical, or incendiary device from a vehicle in violation of Subsection <xref tempid="775" depth="4" refnumber="76-15-210(2)(b)(ii)">76-15-210(2)(b)(ii)</xref>;</subsection><subsection number="53-3-220(1)(a)(xiii)">operating or being in actual physical control of a motor vehicle while having any measurable controlled substance or metabolite of a controlled substance in the person's body in violation of Section <xref depth="3" refnumber="41-6a-517">41-6a-517</xref>;</subsection><subsection number="53-3-220(1)(a)(xiv)">operating or being in actual physical control of a motor vehicle while having any measurable or detectable amount of alcohol in the person's body in violation of Section <xref depth="3" refnumber="41-6a-530">41-6a-530</xref>;</subsection><subsection number="53-3-220(1)(a)(xv)">engaging in a motor vehicle speed contest or exhibition of speed on a highway in violation of Section <xref depth="3" refnumber="41-6a-606">41-6a-606</xref>;</subsection><subsection number="53-3-220(1)(a)(xvi)">operating or being in actual physical control of a motor vehicle in this state without an ignition interlock system in violation of Section <xref depth="3" refnumber="41-6a-518.2">41-6a-518.2</xref>; </subsection><subsection number="53-3-220(1)(a)(xvii)">refusal of a chemical test under Subsection <xref depth="4" refnumber="41-6a-520.1(1)">41-6a-520.1(1)</xref>; </subsection><subsection number="53-3-220(1)(a)(xviii)">failure to properly display a license plate on a motorcycle under Section <xref depth="3" refnumber="41-1a-404.1">41-1a-404.1</xref>;</subsection><subsection number="53-3-220(1)(a)(xix)">performing a wheelie on a highway under Section <xref depth="3" refnumber="41-6a-606.1">41-6a-606.1</xref>;</subsection><subsection number="53-3-220(1)(a)(xx)">engaging in lane splitting under Section <xref depth="3" refnumber="41-6a-704.1">41-6a-704.1</xref>; or</subsection><subsection number="53-3-220(1)(a)(xxi)">two or more offenses that:<subsection number="53-3-220(1)(a)(xxi)(A)">are committed within a period of one year;</subsection><subsection number="53-3-220(1)(a)(xxi)(B)">are enhanced under Section <xref depth="3" refnumber="76-3-203.17">76-3-203.17</xref>; and</subsection><subsection number="53-3-220(1)(a)(xxi)(C)">arose from separate incidents.</subsection></subsection></subsection><subsection number="53-3-220(1)(b)">The division shall immediately revoke the license of a person upon receiving a record of an adjudication under Section <xref depth="3" refnumber="80-6-701">80-6-701</xref> for:<subsection number="53-3-220(1)(b)(i)">a violation of Section <xref depth="3" refnumber="76-11-209">76-11-209</xref> involving the discharging or allowing the discharging of a firearm from a vehicle or a violation of Section <xref depth="3" refnumber="76-11-210">76-11-210</xref> involving discharging or allowing the discharge of a firearm from a vehicle; or</subsection><subsection number="53-3-220(1)(b)(ii)">using, allowing the use of, or causing to be used any explosive, chemical, or incendiary device from a vehicle in violation of Subsection <xref depth="4" refnumber="76-15-210(2)(b)(ii)">76-15-210(2)(b)(ii)</xref>.</subsection></subsection><subsection number="53-3-220(1)(c)"><subsection number="53-3-220(1)(c)(i)">Except when action is taken under Section <xref depth="3" refnumber="53-3-219">53-3-219</xref> for the same offense, upon receiving a record of conviction, the division shall immediately suspend for six months the license of the convicted person if the person was convicted of violating an offense contained in one of the following provisions while the person was an operator of a motor vehicle, and the court finds that a driver license suspension is likely to reduce recidivism and is in the interest of public safety:<subsection number="53-3-220(1)(c)(i)(A)">Title 58, Chapter 37, Controlled Substances, or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances;</subsection><subsection number="53-3-220(1)(c)(i)(B)">Title 58, Chapter 37c, Controlled Substance Precursors;</subsection><subsection number="53-3-220(1)(c)(i)(C)">Title 76, Chapter 18, Part 3, Offenses Concerning Drug Paraphernalia;</subsection><subsection number="53-3-220(1)(c)(i)(D)">Title 76, Chapter 18, Part 4, Offenses Concerning Imitation Controlled Substances;</subsection><subsection number="53-3-220(1)(c)(i)(E)">Title 76, Chapter 18, Part 5, Clandestine Drug Labs;</subsection><subsection number="53-3-220(1)(c)(i)(F)">an offense described in a statute previously in effect in this state that is the same or substantially similar to a violation of an offense described in Subsection <xref depth="4" refnumber="53-3-220(1)(c)(i)(a)">(1)(c)(i)(A)</xref> through <xref depth="4" refnumber="53-3-220(e)">(E)</xref>; or</subsection><subsection number="53-3-220(1)(c)(i)(G)">any criminal offense that prohibits possession, distribution, manufacture, cultivation, sale, or transfer of any substance that is prohibited under the provisions described in Subsections <xref depth="4" refnumber="53-3-220(1)(c)(i)(a)">(1)(c)(i)(A)</xref> through (F), or the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer any substance that is prohibited under the provisions described in Subsections <xref depth="4" refnumber="53-3-220(1)(c)(i)(a)">(1)(c)(i)(A)</xref> through (F).</subsection></subsection><subsection number="53-3-220(1)(c)(ii)">Notwithstanding the provisions in Subsection <xref depth="4" refnumber="53-3-220(1)(c)(i)">(1)(c)(i)</xref>, the division shall reinstate a person's driving privilege before completion of the suspension period imposed under Subsection <xref depth="4" refnumber="53-3-220(1)(c)(i)">(1)(c)(i)</xref> if the reporting court notifies the Driver License Division, in a manner specified by the division, that the defendant is participating in or has successfully completed a drug court program as defined in Section <xref depth="3" refnumber="78A-5-201">78A-5-201</xref>.</subsection><subsection number="53-3-220(1)(c)(iii)">If a person's driving privilege is reinstated under Subsection <xref depth="4" refnumber="53-3-220(1)(c)(ii)">(1)(c)(ii)</xref>, the person is required to pay the license reinstatement fees under Subsection <xref depth="4" refnumber="53-3-105(26)">53-3-105(26)</xref>.</subsection><subsection number="53-3-220(1)(c)(iv)">The court shall notify the division, in a manner specified by the division, if a person fails to complete all requirements of the drug court program.</subsection><subsection number="53-3-220(1)(c)(v)">Upon receiving the notification described in Subsection <xref depth="4" refnumber="53-3-220(1)(c)(iv)">(1)(c)(iv)</xref>, the division shall suspend the person's driving privilege for a period of six months from the date of the notice, and no days shall be subtracted from the six-month suspension period for which a driving privilege was previously suspended under Subsection <xref depth="4" refnumber="53-3-220(1)(c)(i)">(1)(c)(i)</xref>.</subsection></subsection><subsection number="53-3-220(1)(d)"><subsection number="53-3-220(1)(d)(i)">The division shall immediately suspend a person's driver license for conviction of the offense of theft of motor vehicle fuel under Section <xref depth="3" refnumber="76-6-404.7">76-6-404.7</xref> if the division receives:<subsection number="53-3-220(1)(d)(i)(A)">an order from the sentencing court requiring that the person's driver license be suspended; and</subsection><subsection number="53-3-220(1)(d)(i)(B)">a record of the conviction.</subsection></subsection><subsection number="53-3-220(1)(d)(ii)">An order of suspension under this section is at the discretion of the sentencing court, and may not be for more than 90 days for each offense.</subsection></subsection><subsection number="53-3-220(1)(e)"><subsection number="53-3-220(1)(e)(i)">The division shall immediately suspend for one year the license of a person upon receiving a record of:<subsection number="53-3-220(1)(e)(i)(A)">conviction for the first time for a violation under Section <xref depth="3" refnumber="32B-4-411">32B-4-411</xref>; or</subsection><subsection number="53-3-220(1)(e)(i)(B)">an adjudication under Section <xref depth="3" refnumber="80-6-701">80-6-701</xref> for a violation under Section <xref depth="3" refnumber="32B-4-411">32B-4-411</xref>.</subsection></subsection><subsection number="53-3-220(1)(e)(ii)">The division shall immediately suspend for a period of two years the license of a person upon receiving a record of:<subsection number="53-3-220(1)(e)(ii)(A)"><subsection number="53-3-220(1)(e)(ii)(A)(I)">conviction for a second or subsequent violation under Section <xref depth="3" refnumber="32B-4-411">32B-4-411</xref>; and</subsection><subsection number="53-3-220(1)(e)(ii)(A)(II)">the violation described in Subsection <xref depth="4" refnumber="53-3-220(1)(e)(ii)(a)(i)">(1)(e)(ii)(A)(I)</xref> is within 10 years of a prior conviction for a violation under Section <xref depth="3" refnumber="32B-4-411">32B-4-411</xref>; or</subsection></subsection><subsection number="53-3-220(1)(e)(ii)(B)"><subsection number="53-3-220(1)(e)(ii)(B)(I)">a second or subsequent adjudication under Section <xref depth="3" refnumber="80-6-701">80-6-701</xref> for a violation under Section <xref depth="3" refnumber="32B-4-411">32B-4-411</xref>; and</subsection><subsection number="53-3-220(1)(e)(ii)(B)(II)">the adjudication described in Subsection <xref depth="4" refnumber="53-3-220(1)(e)(ii)(b)(i)">(1)(e)(ii)(B)(I)</xref> is within 10 years of a prior adjudication under Section <xref depth="3" refnumber="80-6-701">80-6-701</xref> for a violation under Section <xref depth="3" refnumber="32B-4-411">32B-4-411</xref>.</subsection></subsection></subsection><subsection number="53-3-220(1)(e)(iii)">Upon receipt of a record under Subsection <xref depth="4" refnumber="53-3-220(1)(e)(i)">(1)(e)(i)</xref> or <xref depth="4" refnumber="53-3-220(ii)">(ii)</xref>, the division shall:<subsection number="53-3-220(1)(e)(iii)(A)">for a conviction or adjudication described in Subsection <xref depth="4" refnumber="53-3-220(1)(e)(i)">(1)(e)(i)</xref>:<subsection number="53-3-220(1)(e)(iii)(A)(I)">impose a suspension for one year beginning on the date of conviction; or</subsection><subsection number="53-3-220(1)(e)(iii)(A)(II)">if the person is under the age of eligibility for a driver license, impose a suspension that begins on the date of conviction and continues for one year beginning on the date of eligibility for a driver license; or</subsection></subsection><subsection number="53-3-220(1)(e)(iii)(B)">for a conviction or adjudication described in Subsection <xref depth="4" refnumber="53-3-220(1)(e)(ii)">(1)(e)(ii)</xref>:<subsection number="53-3-220(1)(e)(iii)(B)(I)">impose a suspension for a period of two years; or</subsection><subsection number="53-3-220(1)(e)(iii)(B)(II)">if the person is under the age of eligibility for a driver license, impose a suspension that begins on the date of conviction and continues for two years beginning on the date of eligibility for a driver license.</subsection></subsection></subsection><subsection number="53-3-220(1)(e)(iv)">Upon receipt of the first order suspending a person's driving privileges under Section <xref depth="3" refnumber="32B-4-411">32B-4-411</xref>, the division shall reduce the suspension period under Subsection <xref depth="4" refnumber="53-3-220(1)(e)(i)">(1)(e)(i)</xref> if ordered by the court in accordance with Subsection <xref depth="4" refnumber="32B-4-411(3)(a)">32B-4-411(3)(a)</xref>.</subsection><subsection number="53-3-220(1)(e)(v)">Upon receipt of the second or subsequent order suspending a person's driving privileges under Section <xref depth="3" refnumber="32B-4-411">32B-4-411</xref>, the division shall reduce the suspension period under Subsection <xref depth="4" refnumber="53-3-220(1)(e)(ii)">(1)(e)(ii)</xref> if ordered by the court in accordance with Subsection <xref depth="4" refnumber="32B-4-411(3)(b)">32B-4-411(3)(b)</xref>.</subsection></subsection><subsection number="53-3-220(1)(f)">The division shall immediately suspend a person's driver license for the conviction of an offense that is enhanced under Section <xref depth="3" refnumber="76-3-203.17">76-3-203.17</xref> if the division receives:<subsection number="53-3-220(1)(f)(i)">an order from the sentencing court requiring the person's driver license to be suspended; and</subsection><subsection number="53-3-220(1)(f)(ii)">a record of the conviction.</subsection></subsection></subsection><subsection number="53-3-220(2)">The division shall extend the period of the first denial, suspension, revocation, or disqualification for an additional like period, to a maximum of one year for each subsequent occurrence, upon receiving:<subsection number="53-3-220(2)(a)">a record of the conviction of any person on a charge of driving a motor vehicle while the person's license is denied, suspended, revoked, or disqualified;</subsection><subsection number="53-3-220(2)(b)">a record of a conviction of the person for any violation of the motor vehicle law in which the person was involved as a driver;</subsection><subsection number="53-3-220(2)(c)">a report of an arrest of the person for any violation of the motor vehicle law in which the person was involved as a driver; or</subsection><subsection number="53-3-220(2)(d)">a report of an accident in which the person was involved as a driver.</subsection></subsection><subsection number="53-3-220(3)">When the division receives a report under Subsection <xref depth="4" refnumber="53-3-220(2)(c)">(2)(c)</xref> or <xref depth="4" refnumber="53-3-220(d)">(d)</xref> that a person is driving while the person's license is denied, suspended, disqualified, or revoked, the person is entitled to a hearing regarding the extension of the time of denial, suspension, disqualification, or revocation originally imposed under Section <xref depth="3" refnumber="53-3-221">53-3-221</xref>.</subsection><subsection number="53-3-220(4)"><subsection number="53-3-220(4)(a)">The division may extend to a person the limited privilege of driving a motor vehicle to and from the person's place of employment or within other specified limits on recommendation of the judge in any case where a person is convicted of any of the offenses referred to in Subsections <xref depth="4" refnumber="53-3-220(1)">(1)</xref> and <xref depth="4" refnumber="53-3-220(2)">(2)</xref> except:<subsection number="53-3-220(4)(a)(i)">those offenses referred to in Subsections <xref depth="4" refnumber="53-3-220(1)(a)(i)">(1)(a)(i)</xref>, <xref refnumber="(ii)" depth="4">(ii)</xref>, <xref refnumber="(iii)" depth="4">(iii)</xref>, <xref refnumber="(xi)" depth="4">(xi)</xref>, <xref refnumber="(xii)" depth="4">(xii)</xref>, <xref refnumber="(xiii)" depth="4">(xiii)</xref>, <xref refnumber="(1)(b)" depth="4">(1)(b)</xref>, and <xref refnumber="(1)(c)(i)" depth="4">(1)(c)(i)</xref>; and</subsection><subsection number="53-3-220(4)(a)(ii)">those offenses referred to in Subsection <xref depth="4" refnumber="53-3-220(2)">(2)</xref> when the original denial, suspension, revocation, or disqualification was imposed because of a violation of Section <xref depth="3" refnumber="41-6a-502">41-6a-502</xref>, <xref depth="3" refnumber="41-6a-517">41-6a-517</xref>, a local ordinance that complies with the requirements of Subsection <xref depth="4" refnumber="41-6a-510(1)">41-6a-510(1)</xref>, Section <xref depth="3" refnumber="41-6a-520">41-6a-520</xref>, <xref depth="3" refnumber="41-6a-520.1">41-6a-520.1</xref>, <xref depth="3" refnumber="76-5-102.1">76-5-102.1</xref>, or <xref depth="3" refnumber="76-5-207">76-5-207</xref>, or a criminal prohibition that the person was charged with violating as a result of a plea bargain after having been originally charged with violating one or more of these sections or ordinances, unless:<subsection number="53-3-220(4)(a)(ii)(A)">the person has had the period of the first denial, suspension, revocation, or disqualification extended for a period of at least three years;</subsection><subsection number="53-3-220(4)(a)(ii)(B)">the division receives written verification from the person's primary care physician or physician assistant that:<subsection number="53-3-220(4)(a)(ii)(B)(I)">to the physician's or physician assistant's knowledge the person has not used any narcotic drug or other controlled substance except as prescribed by a licensed medical practitioner within the last three years; and</subsection><subsection number="53-3-220(4)(a)(ii)(B)(II)">the physician or physician assistant is not aware of any physical, emotional, or mental impairment that would affect the person's ability to operate a motor vehicle safely; and</subsection></subsection><subsection number="53-3-220(4)(a)(ii)(C)">for a period of one year prior to the date of the request for a limited driving privilege:<subsection number="53-3-220(4)(a)(ii)(C)(I)">the person has not been convicted of a violation of any motor vehicle law in which the person was involved as the operator of the vehicle;</subsection><subsection number="53-3-220(4)(a)(ii)(C)(II)">the division has not received a report of an arrest for a violation of any motor vehicle law in which the person was involved as the operator of the vehicle; and</subsection><subsection number="53-3-220(4)(a)(ii)(C)(III)">the division has not received a report of an accident in which the person was involved as an operator of a vehicle.</subsection></subsection></subsection></subsection><subsection number="53-3-220(4)(b)"><subsection number="53-3-220(4)(b)(i)">Except as provided in Subsection <xref depth="4" refnumber="53-3-220(4)(b)(ii)">(4)(b)(ii)</xref>, the discretionary privilege authorized in this Subsection <xref depth="4" refnumber="53-3-220(4)">(4)</xref>:<subsection number="53-3-220(4)(b)(i)(A)">is limited to when undue hardship would result from a failure to grant the privilege; and</subsection><subsection number="53-3-220(4)(b)(i)(B)">may be granted only once to any person during any single period of denial, suspension, revocation, or disqualification, or extension of that denial, suspension, revocation, or disqualification.</subsection></subsection><subsection number="53-3-220(4)(b)(ii)">The discretionary privilege authorized in Subsection <xref depth="4" refnumber="53-3-220(4)(a)(ii)">(4)(a)(ii)</xref>:<subsection number="53-3-220(4)(b)(ii)(A)">is limited to when the limited privilege is necessary for the person to commute to school or work; and</subsection><subsection number="53-3-220(4)(b)(ii)(B)">may be granted only once to any person during any single period of denial, suspension, revocation, or disqualification, or extension of that denial, suspension, revocation, or disqualification.</subsection></subsection></subsection><subsection number="53-3-220(4)(c)">A limited CDL may not be granted to a person disqualified under Part 4, Uniform Commercial Driver License Act, or whose license has been revoked, suspended, cancelled, or denied under this chapter.</subsection></subsection></section><section number="53-3-221"><histories><history>Amended by Chapter <modchap sess="2026GS">460</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Offenses that may result in denial, suspension, disqualification, or revocation of license -- Additional grounds for suspension -- Point system for traffic violations -- Notice and hearing -- Reporting of traffic violation procedures.</catchline><subsection number="53-3-221(1)">By following the procedures in <xref depth="1" refnumber="63G-4" start="0">Title 63G, Chapter 4, Administrative Procedures Act</xref>, the division may deny, suspend, disqualify, or revoke the license or permit of any individual without receiving a record of the individual's conviction of crime when the division has been notified or has reason to believe the individual:<subsection number="53-3-221(1)(a)">has committed any offenses for which mandatory suspension or revocation of a license is required upon conviction under Section <xref depth="3" refnumber="53-3-220" start="0">53-3-220</xref>;</subsection><subsection number="53-3-221(1)(b)">has, by reckless driving of a motor vehicle, caused or contributed to an accident resulting in death or injury to any other individual, or property damage;</subsection><subsection number="53-3-221(1)(c)">is incompetent to drive a motor vehicle or mobility vehicle or has a mental or physical disability rendering it unsafe for the individual to drive a motor vehicle or mobility vehicle upon the highways;</subsection><subsection number="53-3-221(1)(d)">has committed a serious violation of the motor vehicle laws of this state;</subsection><subsection number="53-3-221(1)(e)">has knowingly committed a violation of Section <xref depth="3" refnumber="53-3-229" start="0">53-3-229</xref>; or</subsection><subsection number="53-3-221(1)(f)">has been convicted of serious offenses against traffic laws governing the movement of motor vehicles with a frequency that indicates a disrespect for traffic laws and a disregard for the safety of other individuals on the highways.</subsection></subsection><subsection number="53-3-221(2)"><subsection number="53-3-221(2)(a)"><subsection number="53-3-221(2)(a)(i)">Except as provided in Subsection <xref depth="4" refnumber="53-3-218(3)" start="0">53-3-218(3)</xref>, and subject to Subsection <xref depth="4" refnumber="53-3-221(2)(a)(ii)" start="0">(2)(a)(ii)</xref>, the division may suspend a license of an individual under Subsection <xref depth="4" refnumber="53-3-221(1)" start="0">(1)</xref>:<subsection number="53-3-221(2)(a)(i)(A)">when the individual has failed to comply with the terms stated on a traffic citation issued in this state; or</subsection><subsection number="53-3-221(2)(a)(i)(B)">if the division receives a notification from a court as described in Subsection <xref depth="4" refnumber="41-6a-509(11)(d)" start="0">41-6a-509(11)(d)</xref> or <xref depth="4" refnumber="41-6a-517(13)(b)" start="0">41-6a-517(13)(b)</xref>.</subsection></subsection><subsection number="53-3-221(2)(a)(ii)">This Subsection <xref depth="4" refnumber="53-3-221(2)" start="0">(2)</xref> does not apply to highway weight limit violations or violations of law governing the transportation of hazardous materials.</subsection></subsection><subsection number="53-3-221(2)(b)"><subsection number="53-3-221(2)(b)(i)">This Subsection <xref depth="4" refnumber="53-3-221(2)" start="0">(2)</xref> may not be exercised unless notice of the pending suspension of the driving privilege has been sent at least 30 days previously to the individual at the address provided to the division.</subsection><subsection number="53-3-221(2)(b)(ii)">After clearance by the division, a report authorized by Section <xref depth="3" refnumber="53-3-104" start="0">53-3-104</xref> may not contain any evidence of a suspension that occurred as a result of failure to comply with the terms stated on a traffic citation.</subsection></subsection></subsection><subsection number="53-3-221(3)">Except as provided in Subsection <xref depth="4" refnumber="53-3-218(3)" start="0">53-3-218(3)</xref>, the division may not revoke, deny, suspend, or disqualify an individual's driver license based solely on:<subsection number="53-3-221(3)(a)">the individual's failure to appear;</subsection><subsection number="53-3-221(3)(b)">the individual's failure to pay an outstanding penalty accounts receivable; or</subsection><subsection number="53-3-221(3)(c)">the issuance of a bench warrant as a result of an event described in Subsection <xref depth="4" refnumber="53-3-221(3)(a)" start="0">(3)(a)</xref> or <xref depth="4" refnumber="53-3-221(3)(b)" start="0">(b)</xref>.</subsection></subsection><subsection number="53-3-221(4)"><subsection number="53-3-221(4)(a)">The division shall make rules establishing a point system as provided for in this Subsection <xref depth="4" refnumber="53-3-221(4)" start="0">(4)</xref>.</subsection><subsection number="53-3-221(4)(b)"><subsection number="53-3-221(4)(b)(i)">The division shall assign a number of points to each type of moving traffic violation as a measure of its seriousness.</subsection><subsection number="53-3-221(4)(b)(ii)">The points shall be based upon actual relationships between types of traffic violations and motor vehicle traffic accidents.</subsection><subsection number="53-3-221(4)(b)(iii)">Except as provided in Subsection <xref depth="4" refnumber="53-3-221(4)(b)(iv)" start="0">(4)(b)(iv)</xref>, the division may not assess points against an individual's driving record for a conviction of a traffic violation:<subsection number="53-3-221(4)(b)(iii)(A)">that occurred in another state; and</subsection><subsection number="53-3-221(4)(b)(iii)(B)">that was committed on or after July 1, 2011.</subsection></subsection><subsection number="53-3-221(4)(b)(iv)">The provisions of Subsection <xref depth="4" refnumber="53-3-221(4)(b)(iii)" start="0">(4)(b)(iii)</xref> do not apply to:<subsection number="53-3-221(4)(b)(iv)(A)">a reckless or impaired driving violation or a speeding violation for exceeding the posted speed limit by 21 or more miles per hour; or</subsection><subsection number="53-3-221(4)(b)(iv)(B)">an offense committed in another state which, if committed within Utah, would result in the mandatory suspension or revocation of a license upon conviction under Section <xref depth="3" refnumber="53-3-220" start="0">53-3-220</xref>.</subsection></subsection></subsection><subsection number="53-3-221(4)(c)">Every individual convicted of a traffic violation shall have assessed against the individual's driving record the number of points that the division has assigned to the type of violation of which the individual has been convicted, except that the number of points assessed shall be decreased by 10% if on the abstract of the court record of the conviction the court has graded the severity of violation as minimum, and shall be increased by 10% if on the abstract the court has graded the severity of violation as maximum.</subsection><subsection number="53-3-221(4)(d)"><subsection number="53-3-221(4)(d)(i)">A separate procedure for assessing points for speeding offenses shall be established by the division based upon the severity of the offense.</subsection><subsection number="53-3-221(4)(d)(ii)">The severity of a speeding violation shall be graded as:<subsection number="53-3-221(4)(d)(ii)(A)">"minimum" for exceeding the posted speed limit by up to 10 miles per hour;</subsection><subsection number="53-3-221(4)(d)(ii)(B)">"intermediate" for exceeding the posted speed limit by 11 to 20 miles per hour; and</subsection><subsection number="53-3-221(4)(d)(ii)(C)">"maximum" for exceeding the posted speed limit by 21 or more miles per hour.</subsection></subsection><subsection number="53-3-221(4)(d)(iii)">Consideration shall be made for assessment of no points on minimum speeding violations, except for speeding violations in school zones.</subsection></subsection><subsection number="53-3-221(4)(e)"><subsection number="53-3-221(4)(e)(i)">Points assessed against an individual's driving record shall be deleted for violations occurring before a time limit set by the division.</subsection><subsection number="53-3-221(4)(e)(ii)">The time limit may not exceed three years.</subsection><subsection number="53-3-221(4)(e)(iii)">The division may also delete points to reward violation-free driving for periods of time set by the division.</subsection></subsection><subsection number="53-3-221(4)(f)"><subsection number="53-3-221(4)(f)(i)">By publication in two newspapers having general circulation throughout the state, the division shall give notice of the number of points it has assigned to each type of traffic violation, the time limit set by the division for the deletion of points, and the point level at which the division will generally take action to deny or suspend under this section.</subsection><subsection number="53-3-221(4)(f)(ii)">The division may not change any of the information provided above regarding points without first giving new notice in the same manner.</subsection></subsection></subsection><subsection number="53-3-221(5)"><subsection number="53-3-221(5)(a)"><subsection number="53-3-221(5)(a)(i)">If the division finds that the license of an individual should be denied, suspended, disqualified, or revoked under this section, the division shall immediately notify the licensee in a manner specified by the division and afford the individual an opportunity for a hearing in the county where the licensee resides.</subsection><subsection number="53-3-221(5)(a)(ii)">The hearing shall be documented, and the division or its authorized agent may administer oaths, may issue subpoenas for the attendance of witnesses and the production of relevant books and papers, and may require a reexamination of the licensee.</subsection><subsection number="53-3-221(5)(a)(iii)">One or more members of the division may conduct the hearing, and any decision made after a hearing before any number of the members of the division is as valid as if made after a hearing before the full membership of the division.</subsection><subsection number="53-3-221(5)(a)(iv)">After the hearing the division shall either rescind or affirm its decision to deny, suspend, disqualify, or revoke the license.</subsection></subsection><subsection number="53-3-221(5)(b)">The denial, suspension, disqualification, or revocation of the license remains in effect pending qualifications determined by the division regarding an individual:<subsection number="53-3-221(5)(b)(i)">whose license has been denied or suspended following reexamination;</subsection><subsection number="53-3-221(5)(b)(ii)">who is incompetent to drive a motor vehicle;</subsection><subsection number="53-3-221(5)(b)(iii)">who is afflicted with mental or physical infirmities that might make the individual dangerous on the highways; or</subsection><subsection number="53-3-221(5)(b)(iv)">who may not have the necessary knowledge or skill to drive a motor vehicle safely.</subsection></subsection></subsection><subsection number="53-3-221(6)"><subsection number="53-3-221(6)(a)">Subject to Subsection <xref depth="4" refnumber="53-3-221(6)(d)" start="0">(6)(d)</xref>, the division shall suspend an individual's license when the division receives notice from the Office of Recovery Services that the Office of Recovery Services has ordered the suspension of the individual's license.</subsection><subsection number="53-3-221(6)(b)">A suspension under Subsection <xref depth="4" refnumber="53-3-221(6)(a)" start="0">(6)(a)</xref> shall remain in effect until the division receives notice from the Office of Recovery Services that the Office of Recovery Services has rescinded the order of suspension.</subsection><subsection number="53-3-221(6)(c)">After an order of suspension is rescinded under Subsection <xref depth="4" refnumber="53-3-221(6)(b)" start="0">(6)(b)</xref>, a report authorized by Section <xref depth="3" refnumber="53-3-104" start="0">53-3-104</xref> may not contain any evidence of the suspension.</subsection><subsection number="53-3-221(6)(d)"><subsection number="53-3-221(6)(d)(i)">If the division suspends an individual's license under this Subsection <xref depth="4" refnumber="53-3-221(6)" start="0">(6)</xref>, the division shall, upon application, issue a temporary limited driver license to the individual if that individual needs a driver license for employment, education, or child visitation.</subsection><subsection number="53-3-221(6)(d)(ii)">The temporary limited driver license described in this section:<subsection number="53-3-221(6)(d)(ii)(A)">shall provide that the individual may operate a motor vehicle only for the purpose of driving to or from the individual's place of employment, education, or child visitation;</subsection><subsection number="53-3-221(6)(d)(ii)(B)">shall prohibit the individual from driving a motor vehicle for any purpose other than a purpose described in Subsection <xref depth="4" refnumber="53-3-221(6)(d)(ii)(A)" start="0">(6)(d)(ii)(A)</xref>; and</subsection><subsection number="53-3-221(6)(d)(ii)(C)">shall expire 90 days after the day on which the temporary limited driver license is issued.</subsection></subsection><subsection number="53-3-221(6)(d)(iii)"><subsection number="53-3-221(6)(d)(iii)(A)">During the period beginning on the day on which a temporary limited driver license is issued under this Subsection <xref depth="4" refnumber="53-3-221(6)" start="0">(6)</xref>, and ending on the day that the temporary limited driver license expires, the suspension described in this Subsection <xref depth="4" refnumber="53-3-221(6)" start="0">(6)</xref> only applies if the individual who is suspended operates a motor vehicle for a purpose other than employment, education, or child visitation.</subsection><subsection number="53-3-221(6)(d)(iii)(B)">Upon expiration of a temporary limited driver license described in this Subsection <xref depth="4" refnumber="53-3-221(6)(d)" start="0">(6)(d)</xref>:<subsection number="53-3-221(6)(d)(iii)(B)(I)">a suspension described in Subsection <xref depth="4" refnumber="53-3-221(6)(a)" start="0">(6)(a)</xref> shall be in full effect until the division receives notice, under Subsection <xref depth="4" refnumber="53-3-221(6)(b)" start="0">(6)(b)</xref>, that the order of suspension is rescinded; and</subsection><subsection number="53-3-221(6)(d)(iii)(B)(II)">an individual suspended under Subsection <xref depth="4" refnumber="53-3-221(6)(a)" start="0">(6)(a)</xref> may not drive a motor vehicle for any reason.</subsection></subsection></subsection><subsection number="53-3-221(6)(d)(iv)">The division is not required to issue a limited driver license to an individual under this Subsection <xref depth="4" refnumber="53-3-221(6)(d)" start="0">(6)(d)</xref> if there are other legal grounds for the suspension of the individual's driver license.</subsection><subsection number="53-3-221(6)(d)(v)">The division shall make rules, in accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>, to implement the provisions of this part.</subsection></subsection></subsection><subsection number="53-3-221(7)"><subsection number="53-3-221(7)(a)">The division may suspend or revoke the license of any resident of this state upon receiving notice of the conviction of that individual in another state of an offense committed there that, if committed in this state, would be grounds for the suspension or revocation of a license.</subsection><subsection number="53-3-221(7)(b)">The division may, upon receiving a record of the conviction in this state of a nonresident driver of a motor vehicle or motorboat of any offense under the motor vehicle laws of this state, forward a certified copy of the record to the motor vehicle administrator in the state where the individual convicted is a resident.</subsection></subsection><subsection number="53-3-221(8)"><subsection number="53-3-221(8)(a)">The division may suspend or revoke the license of any nonresident to drive a motor vehicle in this state for any cause for which the license of a resident driver may be suspended or revoked.</subsection><subsection number="53-3-221(8)(b)">Any nonresident who drives a motor vehicle upon a highway when the individual's license has been suspended or revoked by the division is guilty of a class C misdemeanor.</subsection></subsection><subsection number="53-3-221(9)"><subsection number="53-3-221(9)(a)">The division may not deny or suspend the license of any individual for a period of more than one year except:<subsection number="53-3-221(9)(a)(i)">for failure to comply with the terms of a traffic citation under Subsection <xref depth="4" refnumber="53-3-221(2)" start="0">(2)</xref>;</subsection><subsection number="53-3-221(9)(a)(ii)">upon receipt of a second or subsequent order suspending juvenile driving privileges under Section <xref depth="3" refnumber="53-3-219" start="0">53-3-219</xref>;</subsection><subsection number="53-3-221(9)(a)(iii)">when extending a denial or suspension upon receiving certain records or reports under Subsection <xref depth="4" refnumber="53-3-220(2)" start="0">53-3-220(2)</xref>;</subsection><subsection number="53-3-221(9)(a)(iv)">for failure to give and maintain owner's or operator's security under Section <xref depth="3" refnumber="41-12a-411" start="0">41-12a-411</xref>;</subsection><subsection number="53-3-221(9)(a)(v)">when the division suspends the license under Subsection <xref depth="4" refnumber="53-3-221(6)" start="0">(6)</xref>; or</subsection><subsection number="53-3-221(9)(a)(vi)">when the division denies the license under Subsection <xref depth="4" refnumber="53-3-221(14)" start="0">(14)</xref>.</subsection></subsection><subsection number="53-3-221(9)(b)">The division may suspend the license of an individual under Subsection <xref depth="4" refnumber="53-3-221(2)" start="0">(2)</xref> until the individual shows satisfactory evidence of compliance with the terms of the traffic citation.</subsection></subsection><subsection number="53-3-221(10)"><subsection number="53-3-221(10)(a)">By following the procedures in <xref depth="1" refnumber="63G-4" start="0">Title 63G, Chapter 4, Administrative Procedures Act</xref>, the division may suspend the license of any individual without receiving a record of the individual's conviction for a crime when the division has reason to believe that the individual's license was granted by the division through error or fraud or that the necessary consent for the license has been withdrawn or is terminated.</subsection><subsection number="53-3-221(10)(b)">The procedure upon suspension is the same as under Subsection <xref depth="4" refnumber="53-3-221(5)" start="0">(5)</xref>, except that after the hearing the division shall either rescind its order of suspension or cancel the license.</subsection></subsection><subsection number="53-3-221(11)"><subsection number="53-3-221(11)(a)">The division, having good cause to believe that a licensed driver is incompetent or otherwise not qualified to be licensed, may upon notice in a manner specified by the  division of at least five days to the licensee require the licensee to submit to an examination.</subsection><subsection number="53-3-221(11)(b)">Upon the conclusion of the examination the division may suspend or revoke the individual's license, permit the individual to retain the license, or grant a license subject to a restriction imposed in accordance with Section <xref depth="3" refnumber="53-3-208" start="0">53-3-208</xref>.</subsection><subsection number="53-3-221(11)(c)">Refusal or neglect of the licensee to submit to an examination is grounds for suspension or revocation of the licensee's license.</subsection></subsection><subsection number="53-3-221(12)"><subsection number="53-3-221(12)(a)">Except as provided in Subsection <xref depth="4" refnumber="53-3-221(12)(b)" start="0">(12)(b)</xref>, a report authorized by Section <xref depth="3" refnumber="53-3-104" start="0">53-3-104</xref> may not contain any evidence of a conviction for speeding on an interstate system in this state if the conviction was for a speed of 10 miles per hour or less, above the posted speed limit and did not result in an accident, unless authorized in a manner specified by the division by the individual whose report is being requested.</subsection><subsection number="53-3-221(12)(b)">The provisions of Subsection <xref depth="4" refnumber="53-3-221(12)(a)" start="0">(12)(a)</xref> do not apply for:<subsection number="53-3-221(12)(b)(i)">a CDIP or CDL license holder; or</subsection><subsection number="53-3-221(12)(b)(ii)">a violation that occurred in a commercial motor vehicle.</subsection></subsection></subsection><subsection number="53-3-221(13)"><subsection number="53-3-221(13)(a)">By following the procedures in <xref depth="1" refnumber="63G-4" start="0">Title 63G, Chapter 4, Administrative Procedures Act</xref>, the division may suspend the license of an individual if it has reason to believe that the individual is the owner of a motor vehicle for which security is required under <xref depth="1" refnumber="41-12a" start="0">Title 41, Chapter 12a, Financial Responsibility of Motor Vehicle Owners and Operators Act</xref>, and has driven the motor vehicle or permitted it to be driven within this state without the security being in effect.</subsection><subsection number="53-3-221(13)(b)">The division may suspend a driving privilege card holder's driving privilege card if the division receives notification from the Motor Vehicle Division that:<subsection number="53-3-221(13)(b)(i)">the driving privilege card holder is the registered owner of a vehicle; and</subsection><subsection number="53-3-221(13)(b)(ii)">the driving privilege card holder's vehicle registration has been revoked under Subsection <xref depth="4" refnumber="41-1a-110(2)(a)(ii)(A)" start="0">41-1a-110(2)(a)(ii)(A)</xref>.</subsection></subsection><subsection number="53-3-221(13)(c)">Section <xref depth="3" refnumber="41-12a-411" start="0">41-12a-411</xref> regarding the requirement of proof of owner's or operator's security applies to individuals whose driving privileges are suspended under this Subsection <xref depth="4" refnumber="53-3-221(13)" start="0">(13)</xref>.</subsection></subsection><subsection number="53-3-221(14)">The division may deny an individual's license if the individual fails to comply with the requirement to downgrade the individual's CDL to a class D license under Section <xref depth="3" refnumber="53-3-409">53-3-409</xref> or <xref depth="3" refnumber="53-3-410.1" start="0">53-3-410.1</xref>.</subsection><subsection number="53-3-221(15)">The division may deny an individual's class A, B, C, or D license if the individual fails to comply with the requirement to have a K restriction removed from the individual's license.</subsection><subsection number="53-3-221(16)">Any suspension or revocation of an individual's license under this section also disqualifies any license issued to that individual under <xref depth="2" refnumber="53-3-4" start="2">Part 4, Uniform Commercial Driver License Act</xref>.</subsection></section><section number="53-3-221.5"><histories><history>Amended by Chapter <modchap sess="2008GS">382</modchap>, 2008 General Session</history><modyear>2008</modyear></histories><catchline>Disclosure of license information to the Office of Recovery Services.</catchline><subsection number="53-3-221.5(1)">
The division shall disclose to the Office of Recovery Services the name, address, and other identifying information of each person:
<subsection number="53-3-221.5(1)(a)">
to whom a license has been issued; or</subsection><subsection number="53-3-221.5(1)(b)">
whose driving privileges have been suspended, revoked, or reinstated.</subsection></subsection><subsection number="53-3-221.5(2)">
All information received by the Office of Recovery Services under this section is subject to <xref depth="1" refid="C63G-2_1800010118000101" refnumber="63G-2" start="0">Title 63G, Chapter 2, Government Records Access and Management Act</xref>.</subsection></section><section number="53-3-221.7"><histories><history>Enacted by Chapter <modchap sess="2016GS">319</modchap>, 2016 General Session</history><modyear>2016</modyear></histories><catchline>Disclosure of license information for the Utah White Collar Crime Offender Registry.</catchline><subsection number="53-3-221.7(1)">
The division shall disclose to the attorney general, if requested, the following information for use in connection with the Utah White Collar Crime Offender Registry established by <xref depth="1" refnumber="77-42" start="0">Title 77, Chapter 42, Utah White Collar Crime Offender Registry</xref>:
<subsection number="53-3-221.7(1)(a)">
all names and aliases under which an offender has obtained a driver license, but not including any online or Internet identifiers;</subsection><subsection number="53-3-221.7(1)(b)">
a physical description of an offender, including the offender's:<subsection number="53-3-221.7(1)(b)(i)">
date of birth;</subsection><subsection number="53-3-221.7(1)(b)(ii)">
height;</subsection><subsection number="53-3-221.7(1)(b)(iii)">
weight;</subsection><subsection number="53-3-221.7(1)(b)(iv)">
eye color; and</subsection><subsection number="53-3-221.7(1)(b)(v)">
hair color;</subsection></subsection><subsection number="53-3-221.7(1)(c)">
the most current driver license photograph of an offender, as allowed in Subsection <xref depth="4" refnumber="53-3-221.7(2)(b)(ii)" start="0">(2)(b)(ii)</xref>; and</subsection><subsection number="53-3-221.7(1)(d)">
the last known address of an offender.</subsection></subsection><subsection number="53-3-221.7(2)"><subsection number="53-3-221.7(2)(a)">
The information in Subsections <xref depth="4" refnumber="53-3-221.7(1)(a)" start="0">(1)(a)</xref> and <xref depth="4" refnumber="53-3-221.7(1)(c)" start="0">(c)</xref> may be publicly posted on the Utah White Collar Crime Offender Registry, pursuant to Subsection <xref depth="4" refnumber="77-42-104(4)" start="0">77-42-104(4)</xref>, in order to assist the public in the accurate identification of offenders.</subsection><subsection number="53-3-221.7(2)(b)">
The driver license photograph under Subsection <xref depth="4" refnumber="53-3-221.7(1)(c)" start="0">(1)(c)</xref> may be publicly posted on the registry only if:<subsection number="53-3-221.7(2)(b)(i)">
the offender has not registered as required under Section <xref depth="3" refnumber="77-42-106" start="0">77-42-106</xref>;</subsection><subsection number="53-3-221.7(2)(b)(ii)">
the attorney general has attempted to contact the offender at the last known address listed in the division's records regarding the failure to register; and</subsection><subsection number="53-3-221.7(2)(b)(iii)">
30 or more days have passed since the most recent attempt to contact the offender.</subsection></subsection><subsection number="53-3-221.7(2)(c)">
The information in Subsection <xref depth="4" refnumber="53-3-221.7(1)(d)" start="0">(1)(d)</xref> may only be used by the attorney general to assist in locating and communicating with an offender, and may not be publicly posted on the Utah White Collar Crime Offender Registry.</subsection></subsection></section><section number="53-3-222"><histories><history>Amended by Chapter <modchap sess="2005GS">2</modchap>, 2005 General Session</history><modyear>2005</modyear></histories><catchline>Purpose of revocation or suspension for driving under the influence.</catchline><tab/>The Legislature finds that the purpose of this title relating to suspension or revocation of a person's license or privilege to drive a motor vehicle for driving with a blood alcohol content above a certain level or while under the influence of alcohol, any drug, or a combination of alcohol and any drug, or for refusing to take a chemical test as provided in Section <xref depth="3" refid="C41-6a-S520_1800010118000101" refnumber="41-6a-520" start="0">41-6a-520</xref>, is protecting persons on highways by quickly removing from the highways those persons who have shown they are safety hazards.
</section><section number="53-3-223"><histories><history>Amended by Chapter <modchap sess="2026GS">337</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Chemical test for driving under the influence -- Temporary license -- Hearing and decision -- Suspension and fee -- Judicial review.</catchline><subsection number="53-3-223(1)"><subsection number="53-3-223(1)(a)">If a peace officer has reasonable grounds to believe that an individual may be violating or has violated Section <xref depth="3" refnumber="41-6a-502">41-6a-502</xref>, <xref depth="3" refnumber="41-6a-517">41-6a-517</xref>, <xref depth="3" refnumber="76-5-102.1">76-5-102.1</xref>, or <xref depth="3" refnumber="76-5-207">76-5-207</xref>, the peace officer may, when arresting the individual, request that the individual submit to a chemical test or tests to be administered in compliance with Section <xref depth="3" refnumber="41-6a-520">41-6a-520</xref>.</subsection><subsection number="53-3-223(1)(b)">In this section, a reference to Section <xref depth="3" refnumber="41-6a-502">41-6a-502</xref> includes any similar local ordinance adopted in compliance with Subsection <xref depth="4" refnumber="41-6a-510(1)">41-6a-510(1)</xref>.</subsection></subsection><subsection number="53-3-223(2)">The peace officer shall advise an individual before the individual's submission to a chemical test that a test result showing:<subsection number="53-3-223(2)(a)">a violation of Section <xref depth="3" refnumber="41-6a-502">41-6a-502</xref>, <xref depth="3" refnumber="41-6a-517">41-6a-517</xref>, <xref depth="3" refnumber="76-5-102.1">76-5-102.1</xref>, or <xref depth="3" refnumber="76-5-207">76-5-207</xref> shall result in suspension or revocation of the individual's driver license; and </subsection><subsection number="53-3-223(2)(b)">the existence of a blood alcohol content sufficient to render the individual incapable of safely driving a motor vehicle may result in suspension or revocation of the individual's driver license.</subsection></subsection><subsection number="53-3-223(3)">If the individual submits to a chemical test and the test results show a blood or breath alcohol content in violation of Section <xref depth="3" refnumber="41-6a-502">41-6a-502</xref>, <xref depth="3" refnumber="41-6a-517">41-6a-517</xref>, <xref depth="3" refnumber="76-5-102.1">76-5-102.1</xref>, or <xref depth="3" refnumber="76-5-207">76-5-207</xref>, or if a peace officer determines, based on reasonable grounds, that the individual is otherwise in violation of Section <xref depth="3" refnumber="41-6a-502">41-6a-502</xref>, <xref depth="3" refnumber="76-5-102.1">76-5-102.1</xref>, or <xref depth="3" refnumber="76-5-207">76-5-207</xref>, a peace officer shall, on behalf of the division and within 24 hours of arrest, give notice of the division's intention to suspend the individual's license to drive a motor vehicle.</subsection><subsection number="53-3-223(4)">When a peace officer gives notice on behalf of the division, the peace officer shall supply to the driver, in a manner specified by the division, information regarding how to obtain a prompt hearing before the division.</subsection><subsection number="53-3-223(5)">As a matter of procedure, a peace officer shall send to the division within 10 calendar days after the day on which the peace officer provides notice:<subsection number="53-3-223(5)(a)">a copy of the citation issued for the offense;</subsection><subsection number="53-3-223(5)(b)">a signed report in a manner specified by the division showing the chemical test results, if any; and</subsection><subsection number="53-3-223(5)(c)">any other basis for the peace officer's determination that the individual has violated Section <xref depth="3" refnumber="41-6a-502">41-6a-502</xref>, <xref depth="3" refnumber="41-6a-517">41-6a-517</xref>, <xref depth="3" refnumber="76-5-102.1">76-5-102.1</xref>, or <xref depth="3" refnumber="76-5-207">76-5-207</xref>.</subsection></subsection><subsection number="53-3-223(6)"><subsection number="53-3-223(6)(a)"><subsection number="53-3-223(6)(a)(i)">Upon request by an individual, in a manner specified by the division, the division shall grant to the individual an opportunity to be heard within 45 days after the date of arrest.  </subsection><subsection number="53-3-223(6)(a)(ii)">The individual shall submit a request to be heard within 10 calendar days after the day on which the peace officer provides notice under Subsection <xref depth="4" refnumber="53-3-223(5)">(5)</xref>.</subsection></subsection><subsection number="53-3-223(6)(b)"><subsection number="53-3-223(6)(b)(i)">Except as provided in Subsection <xref depth="4" refnumber="53-3-223(6)(b)(ii)">(6)(b)(ii)</xref>, if the division holds a hearing, the division shall hold the hearing in:<subsection number="53-3-223(6)(b)(i)(A)">the county in which the arrest occurred; or</subsection><subsection number="53-3-223(6)(b)(i)(B)">a county that is adjacent to the county in which the arrest occurred.</subsection></subsection><subsection number="53-3-223(6)(b)(ii)">The division may hold a hearing in another county if the division and the individual both agree.</subsection></subsection><subsection number="53-3-223(6)(c)">The division shall document the hearing and shall cover the issues of:<subsection number="53-3-223(6)(c)(i)">whether a peace officer had reasonable grounds to believe the individual was driving a motor vehicle in violation of Section <xref depth="3" refnumber="41-6a-502">41-6a-502</xref>, <xref depth="3" refnumber="41-6a-517">41-6a-517</xref>, <xref depth="3" refnumber="76-5-102.1">76-5-102.1</xref>, or <xref depth="3" refnumber="76-5-207">76-5-207</xref>;</subsection><subsection number="53-3-223(6)(c)(ii)">whether the individual refused to submit to a test; and</subsection><subsection number="53-3-223(6)(c)(iii)">the test results, if any.</subsection></subsection><subsection number="53-3-223(6)(d)"><subsection number="53-3-223(6)(d)(i)">In connection with a hearing, the division or the division's authorized agent:<subsection number="53-3-223(6)(d)(i)(A)">may administer oaths and may issue subpoenas for the attendance of witnesses and the production of relevant documents; and</subsection><subsection number="53-3-223(6)(d)(i)(B)">may issue subpoenas for the attendance of necessary peace officers.</subsection></subsection><subsection number="53-3-223(6)(d)(ii)">The division shall pay witness fees and mileage from the Transportation Fund in accordance with the rates established in Section <xref depth="3" refnumber="78B-1-119">78B-1-119</xref>.</subsection></subsection><subsection number="53-3-223(6)(e)">The division may designate one or more employees to conduct the hearing.</subsection><subsection number="53-3-223(6)(f)">After a hearing, a determination made by an authorized agent is valid and binding as if made by the division.</subsection></subsection><subsection number="53-3-223(7)"><subsection number="53-3-223(7)(a)">If, after a hearing, the division determines that a peace officer had reasonable grounds to believe that the individual was driving a motor vehicle in violation of Section <xref depth="3" refnumber="41-6a-502">41-6a-502</xref>, <xref depth="3" refnumber="41-6a-517">41-6a-517</xref>, <xref depth="3" refnumber="76-5-102.1">76-5-102.1</xref>, or <xref depth="3" refnumber="76-5-207">76-5-207</xref>, if the individual failed to appear before the division as required in the notice, or if a hearing is not requested under this section, the division shall:<subsection number="53-3-223(7)(a)(i)">if the individual is 21 years old or older at the time of arrest, suspend the individual's license or permit to operate a motor vehicle for a period of:<subsection number="53-3-223(7)(a)(i)(A)">120 days beginning on the 60th day after the date of arrest for a first suspension; or</subsection><subsection number="53-3-223(7)(a)(i)(B)">two years beginning on the 60th day after the date of arrest for a second or subsequent suspension for an offense that occurred within the previous 10 years; or</subsection></subsection><subsection number="53-3-223(7)(a)(ii)">if the individual is under 21 years old at the time of arrest:<subsection number="53-3-223(7)(a)(ii)(A)">suspend the individual's license or permit to operate a motor vehicle:<subsection number="53-3-223(7)(a)(ii)(A)(I)">for a period of six months, beginning on the 60th day after the date of arrest for a first suspension; or</subsection><subsection number="53-3-223(7)(a)(ii)(A)(II)">until the individual is 21 years old or for a period of two years, whichever is longer, beginning on the 60th day after the date of arrest for a second or subsequent suspension for an offense that occurred within the previous 10 years; or</subsection></subsection><subsection number="53-3-223(7)(a)(ii)(B)">deny the individual's application for a license or learner's permit:<subsection number="53-3-223(7)(a)(ii)(B)(I)">for a period of six months beginning on the 60th day after the date of the arrest for a first suspension, if the individual has not been issued an operator license; or</subsection><subsection number="53-3-223(7)(a)(ii)(B)(II)">until the individual is 21 years old or for a period of two years, whichever is longer, beginning on the 60th day after the date of arrest for a second or subsequent suspension for an offense that occurred within the previous 10 years.</subsection></subsection></subsection></subsection><subsection number="53-3-223(7)(b)"><subsection number="53-3-223(7)(b)(i)">Notwithstanding Subsection <xref depth="4" refnumber="53-3-223(7)(a)(i)(a)">(7)(a)(i)(A)</xref>, the division shall reinstate an individual's license before completion of the 120 day suspension period imposed under Subsection <xref depth="4" refnumber="53-3-223(7)(a)(i)(a)">(7)(a)(i)(A)</xref>:<subsection number="53-3-223(7)(b)(i)(A)">immediately upon receiving written verification of the individual's dismissal of a charge for a violation of Section <xref depth="3" refnumber="41-6a-502">41-6a-502</xref>, <xref depth="3" refnumber="41-6a-517">41-6a-517</xref>, <xref depth="3" refnumber="76-5-102.1">76-5-102.1</xref>, or <xref depth="3" refnumber="76-5-207">76-5-207</xref>, if the written verification is received before completion of the suspension period; or</subsection><subsection number="53-3-223(7)(b)(i)(B)">no sooner than 60 days beginning on the 60th day after the date of arrest upon receiving written verification of the individual's reduction of a charge for a violation of Section <xref depth="3" refnumber="41-6a-502">41-6a-502</xref>, <xref depth="3" refnumber="41-6a-517">41-6a-517</xref>, <xref depth="3" refnumber="76-5-102.1">76-5-102.1</xref>, or <xref depth="3" refnumber="76-5-207">76-5-207</xref>, if the written verification is received before completion of the suspension period.</subsection></subsection><subsection number="53-3-223(7)(b)(ii)">Notwithstanding Subsection <xref depth="4" refnumber="53-3-223(7)(a)(i)(a)">(7)(a)(i)(A)</xref>, the division shall reinstate an individual's license before completion of the 120-day suspension period imposed under Subsection <xref depth="4" refnumber="53-3-223(7)(a)(i)(a)">(7)(a)(i)(A)</xref> immediately upon receiving written verification of the individual's conviction of impaired driving under Section <xref depth="3" refnumber="41-6a-502.5">41-6a-502.5</xref> if:<subsection number="53-3-223(7)(b)(ii)(A)">the written verification is received before completion of the suspension period; and</subsection><subsection number="53-3-223(7)(b)(ii)(B)">the reporting court notifies the division that the defendant is participating in or has successfully completed the program of a driving under the influence court as defined in Section <xref depth="3" refnumber="41-6a-501">41-6a-501</xref>.</subsection></subsection><subsection number="53-3-223(7)(b)(iii)">If the division reinstates the individual's license as described in this Subsection <xref depth="4" refnumber="53-3-223(7)(b)">(7)(b)</xref>, the individual shall pay the license reinstatement application fees under Subsections <xref depth="4" refnumber="53-3-105(26)">53-3-105(26)</xref> and (27).</subsection><subsection number="53-3-223(7)(b)(iv)">The driver license reinstatements authorized under this Subsection <xref depth="4" refnumber="53-3-223(7)(b)">(7)(b)</xref> only apply to a 120-day suspension period imposed under Subsection <xref depth="4" refnumber="53-3-223(7)(a)(i)(a)">(7)(a)(i)(A)</xref>.</subsection></subsection></subsection><subsection number="53-3-223(8)"><subsection number="53-3-223(8)(a)"><subsection number="53-3-223(8)(a)(i)">The division shall assess against an individual, in addition to a fee imposed under Subsection <xref depth="4" refnumber="53-3-205(12)">53-3-205(12)</xref> for driving under the influence, a fee under Section <xref depth="3" refnumber="53-3-105">53-3-105</xref> to cover administrative costs, which shall be paid before the individual's driving privilege is reinstated. </subsection><subsection number="53-3-223(8)(a)(ii)"> The division shall void the fee described in Subsection <xref depth="4" refnumber="53-3-223(8)(a)(i)">(8)(a)(i)</xref> if the individual obtains an unappealed division hearing or court decision that the suspension was improper.</subsection></subsection><subsection number="53-3-223(8)(b)">An individual whose license has been suspended by the division under this section following an administrative hearing may file a petition for judicial review as described in Subsection <xref depth="3" refnumber="53-3-224">53-3-224</xref> within 30 days after the division issues an order of suspension.</subsection></subsection><subsection number="53-3-223(9)"><subsection number="53-3-223(9)(a)">Notwithstanding Subsection <xref depth="4" refnumber="53-3-223(7)(a)(i)">(7)(a)(i)</xref>, the division shall reinstate an individual's license before completion of the suspension period imposed under Subsection <xref depth="4" refnumber="53-3-223(7)(a)(i)">(7)(a)(i)</xref> if:<subsection number="53-3-223(9)(a)(i)"><subsection number="53-3-223(9)(a)(i)(A)">the reporting court notifies the division that the individual is participating in or has successfully completed a 24-7 sobriety program as defined in Section <xref depth="3" refnumber="41-6a-515.5">41-6a-515.5</xref>; or</subsection><subsection number="53-3-223(9)(a)(i)(B)">the reporting court notifies the division that the individual is participating in or has successfully completed a problem solving court program approved by the Judicial Council, including a driving under the influence court program or a drug court program, and has elected to become an interlock restricted driver as a condition of probation during the remainder of the individual's suspension period in accordance with Section <xref depth="3" refnumber="41-6a-518">41-6a-518</xref>; and</subsection></subsection><subsection number="53-3-223(9)(a)(ii)">the individual has a valid driving privilege, except for the suspension under Subsection <xref depth="4" refnumber="53-3-223(7)(a)(i)">(7)(a)(i)</xref>.</subsection></subsection><subsection number="53-3-223(9)(b)">If the division reinstates an individual's license as described in Subsection <xref depth="4" refnumber="53-3-223(9)(a)">(9)(a)</xref>, the individual shall pay the license reinstatement application fees under Subsections <xref depth="4" refnumber="53-3-105(26)">53-3-105(26)</xref> and (27).</subsection></subsection><subsection number="53-3-223(10)"><subsection number="53-3-223(10)(a)">If the division suspends an individual's license for an alcohol related offense under Subsection <xref depth="4" refnumber="53-3-223(7)(a)(i)(a)">(7)(a)(i)(A)</xref>, the individual may petition the division and elect to become an ignition interlock restricted driver if the individual:<subsection number="53-3-223(10)(a)(i)">has a valid driving privilege, with the exception of the suspension under Subsection <xref depth="4" refnumber="53-3-223(7)(a)(i)(a)">(7)(a)(i)(A)</xref>;</subsection><subsection number="53-3-223(10)(a)(ii)">installs an ignition interlock device in any vehicle owned or driven by the individual in accordance with Section <xref depth="3" refnumber="53-3-1007">53-3-1007</xref>; and</subsection><subsection number="53-3-223(10)(a)(iii)">pays the license reinstatement application fees described in Subsections <xref depth="4" refnumber="53-3-105(26)">53-3-105(26)</xref> and (27).</subsection></subsection><subsection number="53-3-223(10)(b)"><subsection number="53-3-223(10)(b)(i)">The individual shall remain an ignition interlock restricted driver for a period of 120 days from the original effective date of the suspension under Subsection <xref depth="4" refnumber="53-3-223(7)(a)(i)(a)">(7)(a)(i)(A)</xref>. </subsection><subsection number="53-3-223(10)(b)(ii)">If the individual removes an ignition interlock device from a vehicle owned or driven by the individual before the expiration of the 120-day ignition interlock restriction period and does not install a new ignition interlock device from the same or a different provider within 24 hours:<subsection number="53-3-223(10)(b)(ii)(A)">the division shall suspend the individual's driver license as described in Subsection <xref depth="4" refnumber="53-3-223(7)(a)(i)(a)">(7)(a)(i)(A)</xref> for the remainder of the 120-day ignition interlock restriction period;</subsection><subsection number="53-3-223(10)(b)(ii)(B)">the individual shall pay the license reinstatement application fee under Subsection <xref depth="4" refnumber="53-3-105(26)">53-3-105(26)</xref>; and</subsection><subsection number="53-3-223(10)(b)(ii)(C)">the individual may not elect to become an ignition interlock restricted driver under this section.</subsection></subsection></subsection><subsection number="53-3-223(10)(c)">If an individual elects to become an ignition interlock restricted driver under Subsection <xref depth="4" refnumber="53-3-223(10)(a)">(10)(a)</xref>, the provisions under Subsection <xref depth="4" refnumber="53-3-223(7)(b)">(7)(b)</xref> do not apply.</subsection></subsection><subsection number="53-3-223(11)"><subsection number="53-3-223(11)(a)">If the division suspends an individual's license for an alcohol related offense under Subsection <xref depth="4" refnumber="53-3-223(7)(a)(i)(b)">(7)(a)(i)(B)</xref>, the individual may petition the division and elect to become an ignition interlock restricted driver after the driver serves at least 90 days of the suspension if the individual:<subsection number="53-3-223(11)(a)(i)">was charged with a violation of Section <xref depth="3" refnumber="41-6a-502">41-6a-502</xref> that is a misdemeanor;</subsection><subsection number="53-3-223(11)(a)(ii)">has a valid driving privilege, with the exception of the suspension under Subsection <xref depth="4" refnumber="53-3-223(7)(a)(i)(b)">(7)(a)(i)(B)</xref>;</subsection><subsection number="53-3-223(11)(a)(iii)">installs an ignition interlock device in any vehicle owned or driven by the individual in accordance with Section <xref depth="3" refnumber="53-3-1007">53-3-1007</xref>; and</subsection><subsection number="53-3-223(11)(a)(iv)">pays the license reinstatement application fees described in Subsections <xref depth="4" refnumber="53-3-105(26)">53-3-105(26)</xref> and <xref depth="4" refnumber="53-3-223(27)">(27)</xref>.</subsection></subsection><subsection number="53-3-223(11)(b)"><subsection number="53-3-223(11)(b)(i)">The individual shall remain an ignition interlock restricted driver for a period of two years from the original effective date of the suspension under Subsection <xref depth="4" refnumber="53-3-223(7)(a)(i)(b)">(7)(a)(i)(B)</xref>.</subsection><subsection number="53-3-223(11)(b)(ii)">If the individual removes an ignition interlock device from a vehicle owned or driven by the individual before the expiration of the two-year ignition interlock restriction period and does not install a new ignition interlock device from the same or a different provider within 24 hours:<subsection number="53-3-223(11)(b)(ii)(A)">the division shall suspend the individual's driver license as described in Subsection <xref depth="4" refnumber="53-3-223(7)(a)(i)(b)">(7)(a)(i)(B)</xref> for the remainder of the two-year ignition interlock restriction period;</subsection><subsection number="53-3-223(11)(b)(ii)(B)">the individual shall pay the license reinstatement application fee under Subsection <xref depth="4" refnumber="53-3-105(26)">53-3-105(26)</xref>; and</subsection><subsection number="53-3-223(11)(b)(ii)(C)">the individual may not elect to become an ignition interlock restricted driver under this section.</subsection></subsection></subsection><subsection number="53-3-223(11)(c)">Notwithstanding Subsections <xref depth="4" refnumber="53-3-223(11)(a)">(11)(a)</xref> and <xref depth="4" refnumber="53-3-223(b)">(b)</xref>, if a court convicts the individual of the violation of Section <xref depth="3" refnumber="41-6a-502">41-6a-502</xref> that prompted the suspension under Subsection <xref depth="4" refnumber="53-3-223(7)(a)(i)(b)">(7)(a)(i)(B)</xref>, the division shall revoke the individual's license under Subsection <xref depth="4" refnumber="41-6a-509(1)(a)(ii)">41-6a-509(1)(a)(ii)</xref>, and the individual is no longer an ignition interlock restricted driver under this Subsection <xref depth="4" refnumber="53-3-223(11)">(11)</xref>.</subsection></subsection><subsection number="53-3-223(12)"><subsection number="53-3-223(12)(a)">Notwithstanding Subsection <xref depth="4" refnumber="53-3-223(7)(a)(i)(b)">(7)(a)(i)(B)</xref>, the division shall reinstate an individual's license before completion of the two-year suspension period imposed under Subsection <xref depth="4" refnumber="53-3-223(7)(a)(i)(b)">(7)(a)(i)(B)</xref> immediately upon receiving written verification of the individual's dismissal of a charge for a violation of Section <xref depth="3" refnumber="41-6a-502">41-6a-502</xref>, <xref depth="3" refnumber="41-6a-517">41-6a-517</xref>, <xref depth="3" refnumber="76-5-102.1">76-5-102.1</xref>, or <xref depth="3" refnumber="76-5-207">76-5-207</xref>, if the written verification is received before completion of the suspension period.</subsection><subsection number="53-3-223(12)(b)">If the individual elected to become an ignition interlock restricted driver under Subsection <xref depth="4" refnumber="53-3-223(11)">(11)</xref>, and the division receives written verification of the individual's dismissal of a charge for violation of  Section <xref depth="3" refnumber="41-6a-502">41-6a-502</xref>, the driver is no longer an ignition interlock restricted driver under Subsection <xref depth="4" refnumber="53-3-223(11)(b)(i)">(11)(b)(i)</xref>, and the division shall reinstate the individual's license before the completion of the two-year ignition interlock restriction period under Subsection <xref depth="4" refnumber="53-3-223(11)(b)(i)">(11)(b)(i)</xref>.</subsection></subsection><subsection number="53-3-223(13)">A driver license reinstatement before completion of the suspension period authorized under this section does not apply to a CDL disqualification imposed under Section <xref depth="3" refnumber="53-3-414">53-3-414</xref>.</subsection></section><section number="53-3-223.5"><histories><history>Amended by Chapter <modchap sess="2023GS">520</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Telephonic or live audiovisual testimony at hearings.</catchline><subsection number="53-3-223.5(1)">
In any division hearing authorized under this chapter or <xref depth="2" refnumber="41-6a-5" start="0">Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving</xref>, the division may permit a party or witness to attend or to testify by telephone or live audiovisual means.</subsection><subsection number="53-3-223.5(2)">
Notwithstanding Subsections <xref depth="4" refnumber="41-6a-521(2)" start="0">41-6a-521(2)</xref>, <xref depth="4" refnumber="53-3-223(6)" start="0">53-3-223(6)</xref>, <xref depth="4" refnumber="53-3-231(6)(b)" start="0">53-3-231(6)(b)</xref>, and <xref depth="4" refnumber="53-3-518(9)(a)" start="0">53-3-518(9)(a)</xref>, if all parties and witnesses have requested to attend or testify by telephone or live audiovisual means, the division may hold the hearing in a county designated by the division.</subsection></section><section number="53-3-224"><histories><history>Amended by Chapter <modchap sess="2007GS">261</modchap>, 2007 General Session</history><modyear>2007</modyear></histories><catchline>Filing a petition for hearing -- Judicial review of license cancellation, revocation, or suspension -- Scope of review.</catchline><subsection number="53-3-224(1)">
A person denied a license or whose license has been cancelled, suspended, or revoked by the division following an administrative hearing may seek judicial review of the division's order.</subsection><subsection number="53-3-224(2)"><subsection number="53-3-224(2)(a)">
Venue for judicial review of informal adjudicative proceedings is in the district court in the county where the offense occurred, which resulted in the cancellation, suspension, or revocation.</subsection><subsection number="53-3-224(2)(b)">
Persons not residing in the state shall file in Salt Lake County or the county where the offense occurred, which resulted in the cancellation, suspension, or revocation.</subsection></subsection></section><section number="53-3-225"><histories><history>Amended by Chapter <modchap sess="2010GS">324</modchap>, 2010 General Session</history><modyear>2010</modyear></histories><catchline>Eligibility for new license after revocation.</catchline><subsection number="53-3-225(1)"><subsection number="53-3-225(1)(a)">
Except as provided in Subsections <xref depth="4" refid="C53-3-S225_1800010118000101" refnumber="53-3-225(1)(b)" start="0">(1)(b)</xref> and <xref depth="4" refid="C53-3-S225_1800010118000101" refnumber="53-3-225(1)(c)" start="0">(c)</xref>, a person whose license has been revoked under this chapter may not apply for or receive any new license until the expiration of one year from the date the former license was revoked.</subsection><subsection number="53-3-225(1)(b)">
A person's license may be revoked for a longer period as provided in:<subsection number="53-3-225(1)(b)(i)">
Section <xref depth="3" refid="C53-3-S220_1800010118000101" refnumber="53-3-220" start="0">53-3-220</xref>, for driving a motor vehicle while the person's license is revoked, or involvement as a driver in an accident or violation of the motor vehicle laws; and</subsection><subsection number="53-3-225(1)(b)(ii)">
Section <xref depth="3" refid="C53-3-S221_1800010118000101" refnumber="53-3-221" start="0">53-3-221</xref>, for failing to comply with the terms of a traffic citation.</subsection></subsection><subsection number="53-3-225(1)(c)"><subsection number="53-3-225(1)(c)(i)">
The length of the revocation required by Subsection <xref depth="4" refid="C53-3-S220_1800010118000101" refnumber="53-3-220(1)(a)(xi)" start="0">53-3-220(1)(a)(xi)</xref>, <xref depth="4" refid="C53-3-S220_1800010118000101" refnumber="53-3-220(1)(a)(xii)" start="0">(a)(xii)</xref>, <xref depth="4" refid="C53-3-S220_1800010118000101" refnumber="53-3-220(1)(b)(i)" start="0">(b)(i)</xref>, or <xref depth="4" refid="C53-3-S220_1800010118000101" refnumber="53-3-220(1)(b)(ii)" start="0">(b)(ii)</xref> shall be specified in an order of the court adjudicating or convicting the person of the offense.</subsection><subsection number="53-3-225(1)(c)(ii)">
If the person adjudicated of the offense is younger than 16 years of age, the license or driving privilege shall be revoked for a minimum of one year, from age 16, but not to exceed the date the person turns 21 years of age.</subsection><subsection number="53-3-225(1)(c)(iii)">
If the person adjudicated or convicted of the offense is 16 years of age or older, the license or driving privilege shall be revoked for a minimum of one year, but not to exceed five years.</subsection></subsection><subsection number="53-3-225(1)(d)">
A revoked license may not be renewed.</subsection><subsection number="53-3-225(1)(e)">
Application for a new license shall be filed in accordance with Section <xref depth="3" refid="C53-3-S205_1800010118000101" refnumber="53-3-205" start="0">53-3-205</xref>.</subsection><subsection number="53-3-225(1)(f)">
The new license is subject to all provisions of an original license.</subsection><subsection number="53-3-225(1)(g)">
The division may not grant the license until an investigation of the character, driving abilities, and habits of the driver has been made to indicate whether it is safe to grant him a license.</subsection></subsection><subsection number="53-3-225(2)">
Any resident or nonresident whose license to drive a motor vehicle in this state has been suspended or revoked under this chapter may not drive a motor vehicle in this state under a license, permit, or registration certificate issued by any other jurisdiction or other source during suspension or after revocation until a new license is obtained under this chapter.</subsection></section><section number="53-3-226"><histories><history>Amended by Chapter <modchap sess="2005GS">2</modchap>, 2005 General Session</history><modyear>2005</modyear></histories><catchline>Grounds for confiscation of licenses, plates, and other articles issued by state.</catchline><subsection number="53-3-226(1)">
The division or a peace officer acting in his official capacity may take possession of any certificate of title, registration card, decal, permit, license certificate, permit, registration plate, or any other article issued by the state:
<subsection number="53-3-226(1)(a)">
that is fictitious or altered;</subsection><subsection number="53-3-226(1)(b)">
that has been unlawfully or erroneously issued;</subsection><subsection number="53-3-226(1)(c)">
that is unlawfully or erroneously displayed; or</subsection><subsection number="53-3-226(1)(d)">
as required under Section <xref depth="3" refid="C41-6a-S520_1800010118000101" refnumber="41-6a-520" start="0">41-6a-520</xref>, <xref depth="3" refid="C53-3-S223_1800010118000101" refnumber="53-3-223" start="0">53-3-223</xref>, <xref depth="3" refid="C53-3-S231_1800010118000101" refnumber="53-3-231" start="0">53-3-231</xref>, or <xref depth="3" refid="C53-3-S418_1800010118000101" refnumber="53-3-418" start="0">53-3-418</xref>.</subsection></subsection><subsection number="53-3-226(2)">
A receipt shall be issued that describes each confiscated item.</subsection></section><section number="53-3-227"><histories><history>Amended by Chapter <modchap sess="2023GS">415</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Driving a motor vehicle prohibited while driving privilege denied, suspended, disqualified, or revoked -- Penalties.</catchline><subsection number="53-3-227(1)">
A person whose driving privilege has been denied, suspended, disqualified, or revoked under this chapter or under the laws of the state in which the person's driving privilege was granted and who drives any motor vehicle upon the highways of this state while that driving privilege is denied, suspended, disqualified, or revoked shall be punished as provided in this section.</subsection><subsection number="53-3-227(2)">
A person convicted of a violation of Subsection <xref depth="4" refnumber="53-3-227(1)" start="0">(1)</xref>, other than a violation specified in Subsection <xref depth="4" refnumber="53-3-227(3)" start="0">(3)</xref>, is guilty of a class C misdemeanor.</subsection><subsection number="53-3-227(3)"><subsection number="53-3-227(3)(a)">
A person is guilty of a class B misdemeanor if the person's conviction under Subsection <xref depth="4" refnumber="53-3-227(1)" start="0">(1)</xref> is based on the person driving a motor vehicle while the person's driving privilege is suspended, disqualified, or revoked for:<subsection number="53-3-227(3)(a)(i)">
a refusal to submit to a chemical test under Section <xref depth="3" refnumber="41-6a-520" start="0">41-6a-520</xref>;</subsection><subsection number="53-3-227(3)(a)(ii)">
a violation of Section <xref depth="3" refnumber="41-6a-520.1" start="0">41-6a-520.1</xref>;</subsection><subsection number="53-3-227(3)(a)(iii)">
a violation of Section <xref depth="3" refnumber="41-6a-502" start="0">41-6a-502</xref>;</subsection><subsection number="53-3-227(3)(a)(iv)">
a violation of a local ordinance that complies with the requirements of Section <xref depth="3" refnumber="41-6a-510" start="0">41-6a-510</xref>;</subsection><subsection number="53-3-227(3)(a)(v)">
a violation of Section <xref depth="3" refnumber="41-6a-517" start="0">41-6a-517</xref>;</subsection><subsection number="53-3-227(3)(a)(vi)">
a violation of Section <xref depth="3" refnumber="76-5-207" start="0">76-5-207</xref>;</subsection><subsection number="53-3-227(3)(a)(vii)">
a criminal action that the person plead guilty to as a result of a plea bargain after having been originally charged with violating one or more of the sections or ordinances under this Subsection <xref depth="4" refnumber="53-3-227(3)" start="0">(3)</xref>;</subsection><subsection number="53-3-227(3)(a)(viii)">
a revocation or suspension which has been extended under Subsection <xref depth="4" refnumber="53-3-220(2)" start="0">53-3-220(2)</xref>;</subsection><subsection number="53-3-227(3)(a)(ix)">
where disqualification is the result of driving a commercial motor vehicle while the person's CDL is disqualified, suspended, canceled, or revoked under Subsection <xref depth="4" refnumber="53-3-414(1)" start="0">53-3-414(1)</xref>; or</subsection><subsection number="53-3-227(3)(a)(x)">
a violation of Section <xref depth="3" refnumber="41-6a-530" start="0">41-6a-530</xref>.</subsection></subsection><subsection number="53-3-227(3)(b)">
A person is guilty of a class B misdemeanor if the person's conviction under Subsection <xref depth="4" refnumber="53-3-227(1)" start="0">(1)</xref> is based on the person driving a motor vehicle while the person's driving privilege is suspended, disqualified, or revoked by any state, the United States, or any district, possession, or territory of the United States for violations corresponding to the violations listed in Subsection <xref depth="4" refnumber="53-3-227(3)(a)" start="0">(3)(a)</xref>.</subsection><subsection number="53-3-227(3)(c)">
A fine imposed under this Subsection <xref depth="4" refnumber="53-3-227(3)" start="0">(3)</xref> shall be at least the maximum fine for a class C misdemeanor under Section <xref depth="3" refnumber="76-3-301" start="0">76-3-301</xref>.</subsection></subsection></section><section number="53-3-229"><histories><history>Amended by Chapter <modchap sess="2025GS">173</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Prohibited uses of license certificate -- Penalty.</catchline><subsection number="53-3-229(1)">It is a class C misdemeanor for an individual to:<subsection number="53-3-229(1)(a)">lend or knowingly permit the use of a license certificate issued to the individual, by another individual not entitled to the license certificate;</subsection><subsection number="53-3-229(1)(b)">display or represent as the individual's own license certificate a license certificate not issued to the individual;</subsection><subsection number="53-3-229(1)(c)">refuse to surrender to the division or a peace officer upon demand any license certificate issued by the division;</subsection><subsection number="53-3-229(1)(d)">use a false name or give a false address in any application for a license or any renewal or duplicate of the license certificate, or to knowingly make a false statement, or to knowingly conceal a material fact or otherwise commit a fraud in the application;</subsection><subsection number="53-3-229(1)(e)">display a canceled, denied, revoked, suspended, or disqualified driver license certificate as a valid driver license certificate;</subsection><subsection number="53-3-229(1)(f)">knowingly acquire, use, display, or transfer an item that purports to be an authentic driver license certificate issued by a governmental entity if the item is not an authentic driver license certificate issued by that governmental entity; or</subsection><subsection number="53-3-229(1)(g)">alter any information on an authentic driver license certificate so that it no longer represents the information originally displayed.</subsection></subsection><subsection number="53-3-229(2)">The provisions of Subsection <xref depth="4" refnumber="53-3-229(1)(e)" start="0">(1)(e)</xref> do not prohibit the use of an individual's driver license certificate as a means of personal identification.</subsection><subsection number="53-3-229(3)">It is a class A misdemeanor to knowingly:<subsection number="53-3-229(3)(a)">issue a driver license certificate with false or fraudulent information;</subsection><subsection number="53-3-229(3)(b)">issue a driver license certificate to an individual who is younger than 21 years old if the driver license certificate is not distinguished as required for an individual who is younger than 21 years old under Section <xref depth="3" refnumber="53-3-207" start="0">53-3-207</xref>; or</subsection><subsection number="53-3-229(3)(c)">acquire, use, display, or transfer a false or altered driver license certificate to procure a tobacco product, an electronic cigarette product, or a nicotine product as those terms are defined in Section <xref depth="3" refnumber="76-9-1101">76-9-1101</xref>.</subsection></subsection><subsection number="53-3-229(4)">An individual may not use, display, or transfer a false or altered driver license certificate to procure alcoholic beverages, gain admittance to a place where alcoholic beverages are sold or consumed, or obtain employment that may not be obtained by a minor in violation of Section <xref depth="3" refnumber="32B-1-403" start="0">32B-1-403</xref>.</subsection><subsection number="53-3-229(5)">It is a third degree felony if an individual's acquisition, use, display, or transfer of a false or altered driver license certificate:<subsection number="53-3-229(5)(a)">aids or furthers the individual's efforts to fraudulently obtain goods or services; or</subsection><subsection number="53-3-229(5)(b)">aids or furthers the individual's efforts to commit a violent felony.</subsection></subsection></section><section number="53-3-231"><histories><history>Amended by Chapter <modchap sess="2026GS">337</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Person under 21 may not operate a vehicle or motorboat with detectable alcohol in body -- Chemical test procedures -- Temporary license -- Hearing and decision -- Suspension of license or operating privilege -- Fees -- Judicial review -- Referral to local substance abuse authority or program.</catchline><subsection number="53-3-231(1)"><subsection number="53-3-231(1)(a)">As used in this section:<subsection number="53-3-231(1)(a)(i)">"Local substance abuse authority" means the same as that term is defined in Section <xref depth="3" refnumber="62A-15-102" start="0">62A-15-102</xref>.</subsection><subsection number="53-3-231(1)(a)(ii)">"Substance abuse program" means a substance abuse program licensed by the Department of Human Services or the Department of Health and approved by the local substance abuse authority.</subsection></subsection><subsection number="53-3-231(1)(b)">Calculations of blood, breath, or urine alcohol concentration under this section shall be made in accordance with Subsection <xref depth="4" refnumber="41-6a-502(1)" start="0">41-6a-502(1)</xref>.</subsection></subsection><subsection number="53-3-231(2)"><subsection number="53-3-231(2)(a)">An individual younger than 21 years old may not operate or be in actual physical control of a vehicle or motorboat with any measurable blood, breath, or urine alcohol concentration in the individual's body as shown by a chemical test.</subsection><subsection number="53-3-231(2)(b)">An individual who violates Subsection <xref depth="4" refnumber="53-3-231(2)(a)" start="0">(2)(a)</xref>, in addition to any other applicable penalties arising out of the incident, shall have the individual's operator license denied or suspended as provided in Subsection <xref depth="4" refnumber="53-3-231(7)" start="0">(7)</xref>.</subsection></subsection><subsection number="53-3-231(3)"><subsection number="53-3-231(3)(a)">When a peace officer has reasonable grounds to believe that an individual may be violating or has violated Subsection <xref depth="4" refnumber="53-3-231(2)" start="0">(2)</xref>, the peace officer may, when arresting the individual for a violation of Section <xref depth="3" refnumber="32B-4-409" start="0">32B-4-409</xref>, request that the individual submit to a chemical test or tests to be administered in compliance with Section <xref depth="3" refnumber="41-6a-520" start="0">41-6a-520</xref>.</subsection><subsection number="53-3-231(3)(b)">The peace officer shall advise an individual before the individual's submission to a chemical test that a test result indicating a violation of Subsection <xref depth="4" refnumber="53-3-231(2)(a)" start="0">(2)(a)</xref> will result in denial or suspension of the individual's license to operate a motor vehicle or a refusal to issue a license.</subsection><subsection number="53-3-231(3)(c)">If the individual submits to a chemical test and the test results show a blood, breath, or urine alcohol content in violation of Subsection <xref depth="4" refnumber="53-3-231(2)(a)" start="0">(2)(a)</xref>, or if a peace officer determines, based on reasonable grounds, that the individual is otherwise in violation of Subsection <xref depth="4" refnumber="53-3-231(2)(a)" start="0">(2)(a)</xref>, a peace officer shall, on behalf of the division and within 24 hours of the arrest, give notice of the division's intention to deny or suspend the individual's license to operate a vehicle or refusal to issue a license under this section.</subsection></subsection><subsection number="53-3-231(4)">When a peace officer gives notice on behalf of the division, the peace officer shall supply to the operator, in a manner specified by the division, basic information regarding how to obtain a prompt hearing before the division.</subsection><subsection number="53-3-231(5)">As a matter of procedure, a peace officer shall send to the division within 10 calendar days after the day on which the peace officer provides notice:<subsection number="53-3-231(5)(a)">a copy of the citation issued for the offense;</subsection><subsection number="53-3-231(5)(b)">a signed report in a manner specified by the division showing the chemical test results, if any; and</subsection><subsection number="53-3-231(5)(c)">any other basis for a peace officer's determination that the individual has violated Subsection <xref depth="4" refnumber="53-3-231(2)" start="0">(2)</xref>.</subsection></subsection><subsection number="53-3-231(6)"><subsection number="53-3-231(6)(a)"><subsection number="53-3-231(6)(a)(i)">Upon request by an individual, in a manner specified by the division, the division shall grant to the individual an opportunity to be heard within 45 days after the date of arrest under Section <xref depth="3" refnumber="32B-4-409" start="0">32B-4-409</xref>.</subsection><subsection number="53-3-231(6)(a)(ii)">The individual shall request a hearing described in Subsection <xref depth="4" refnumber="53-3-231(6)(a)(i)">(6)(a)(i)</xref> within 10 calendar days after the day on which the peace officer provides notice.</subsection></subsection><subsection number="53-3-231(6)(b)"><subsection number="53-3-231(6)(b)(i)">Except as provided in Subsection <xref depth="4" refnumber="53-3-231(6)(b)(ii)" start="0">(6)(b)(ii)</xref>, if the division holds a hearing, the division shall hold the hearing in:<subsection number="53-3-231(6)(b)(i)(A)">the county in which the arrest occurred; or</subsection><subsection number="53-3-231(6)(b)(i)(B)">a county that is adjacent to the county in which the arrest occurred.</subsection></subsection><subsection number="53-3-231(6)(b)(ii)">The division may hold a hearing in another county if the division and the individual both agree.</subsection></subsection><subsection number="53-3-231(6)(c)">The division shall document the hearing and shall cover the issues of:<subsection number="53-3-231(6)(c)(i)">whether a peace officer had reasonable grounds to believe the individual was operating a motor vehicle or motorboat in violation of Subsection <xref depth="4" refnumber="53-3-231(2)(a)" start="0">(2)(a)</xref>;</subsection><subsection number="53-3-231(6)(c)(ii)">whether the individual refused to submit to a test; and</subsection><subsection number="53-3-231(6)(c)(iii)">the test results, if any.</subsection></subsection><subsection number="53-3-231(6)(d)">In connection with a hearing, the division or the division's authorized agent may: <subsection number="53-3-231(6)(d)(i)">administer oaths and issue subpoenas for the attendance of witnesses and the production of relevant documents; and</subsection><subsection number="53-3-231(6)(d)(ii)">issue subpoenas for the attendance of necessary peace officers.</subsection></subsection><subsection number="53-3-231(6)(e)">One or more members of the division may conduct the hearing.</subsection><subsection number="53-3-231(6)(f)">After a hearing, a determination made by an authorized agent is valid and binding as if made by the division.</subsection></subsection><subsection number="53-3-231(7)">If, after a hearing, the division determines that a peace officer had reasonable grounds to believe that the individual was driving a motor vehicle in violation of Subsection <xref depth="4" refnumber="53-3-231(2)(a)" start="0">(2)(a)</xref>, if the individual fails to appear before the division as required in the notice, or if the individual does not request a hearing under this section, the division shall for an individual under 21 years old on the date of arrest:<subsection number="53-3-231(7)(a)">deny the individual's license until the individual complies with Subsection <xref depth="4" refnumber="53-3-231(10)(b)(i)" start="0">(10)(b)(i)</xref> but for a period of not less than six months beginning on the 60th day after the date of arrest for a first offense under Subsection <xref depth="4" refnumber="53-3-231(2)(a)" start="0">(2)(a)</xref>;</subsection><subsection number="53-3-231(7)(b)">suspend the individual's license until the individual complies with Subsection <xref depth="4" refnumber="53-3-231(10)(b)(i)" start="0">(10)(b)(i)</xref> and until the individual is 21 years old or for a period of two years, whichever is longer, beginning on the 60th day after the date of arrest for a second or subsequent offense under Subsection <xref depth="4" refnumber="53-3-231(2)(a)" start="0">(2)(a)</xref> within 10 years of a prior denial or suspension;</subsection><subsection number="53-3-231(7)(c)">deny the individual's application for a license or learner's permit until the individual complies with Subsection <xref depth="4" refnumber="53-3-231(10)(b)(i)" start="0">(10)(b)(i)</xref> but for a period of not less than six months beginning on the 60th day after the date of the arrest, if:<subsection number="53-3-231(7)(c)(i)">the individual has not been issued an operator license; and</subsection><subsection number="53-3-231(7)(c)(ii)">the suspension is for a first offense under Subsection <xref depth="4" refnumber="53-3-231(2)(a)" start="0">(2)(a)</xref>; and</subsection></subsection><subsection number="53-3-231(7)(d)">deny the individual's application for a license or learner's permit until the individual complies with Subsection <xref depth="4" refnumber="53-3-231(10)(b)(i)" start="0">(10)(b)(i)</xref> and until the individual is 21 years old or for a period of two years, whichever is longer, beginning on the 60th day after the date of the arrest, if:<subsection number="53-3-231(7)(d)(i)">the individual has not been issued an operator license; and</subsection><subsection number="53-3-231(7)(d)(ii)">the suspension is for a second or subsequent offense under Subsection <xref depth="4" refnumber="53-3-231(2)(a)" start="0">(2)(a)</xref> committed within 10 years of a prior denial or suspension.</subsection></subsection></subsection><subsection number="53-3-231(8)"><subsection number="53-3-231(8)(a)"><subsection number="53-3-231(8)(a)(i)">Following denial or suspension the division shall assess against an individual, in addition to any fee imposed under Subsection <xref depth="4" refnumber="53-3-205(12)" start="0">53-3-205(12)</xref>, a fee under Section <xref depth="3" refnumber="53-3-105" start="0">53-3-105</xref>, which shall be paid before the person's driving privilege is reinstated, to cover administrative costs.</subsection><subsection number="53-3-231(8)(a)(ii)">The division shall void the fee described in Subsection <xref depth="4" refnumber="53-3-231(8)(a)(i)">(8)(a)(i)</xref> if the individual obtains an unappealed division hearing or court decision that the suspension was improper.</subsection></subsection><subsection number="53-3-231(8)(b)">An individual whose operator license has been denied, suspended, or postponed by the division under this section following an administrative hearing may file a petition for judicial review as described in Section <xref depth="3" refnumber="53-3-224">53-3-224</xref> within 30 days after the day on which the division issues a suspension order.</subsection></subsection><subsection number="53-3-231(9)">After reinstatement of an operator license for a first offense under this section, a report authorized under Section <xref depth="3" refnumber="53-3-104" start="0">53-3-104</xref> may not contain evidence of the denial or suspension of the individual's operator license under this section if the individual has not been convicted of any other offense for which the denial or suspension may be extended.</subsection><subsection number="53-3-231(10)"><subsection number="53-3-231(10)(a)">In addition to the penalties in Subsection <xref depth="4" refnumber="53-3-231(8)" start="0">(8)</xref>, an individual who violates Subsection <xref depth="4" refnumber="53-3-231(2)(a)" start="0">(2)(a)</xref> shall:<subsection number="53-3-231(10)(a)(i)">obtain an assessment and recommendation for appropriate action from a substance abuse program, but any associated costs shall be the individual's responsibility; or</subsection><subsection number="53-3-231(10)(a)(ii)">be referred by the division to the local substance abuse authority for an assessment and recommendation for appropriate action.</subsection></subsection><subsection number="53-3-231(10)(b)"><subsection number="53-3-231(10)(b)(i)">Reinstatement of the individual's operator license or the right to obtain an operator license within five years of the effective date of the license sanction under Subsection <xref depth="4" refnumber="53-3-231(7)" start="0">(7)</xref> is contingent upon successful completion of the action recommended by the local substance abuse authority or the substance abuse program.</subsection><subsection number="53-3-231(10)(b)(ii)">The local substance abuse authority's or the substance abuse program's recommended action shall be determined by an assessment of the individual's alcohol abuse and may include:<subsection number="53-3-231(10)(b)(ii)(A)">a targeted education and prevention program;</subsection><subsection number="53-3-231(10)(b)(ii)(B)">an early intervention program; or</subsection><subsection number="53-3-231(10)(b)(ii)(C)">a substance abuse treatment program.</subsection></subsection><subsection number="53-3-231(10)(b)(iii)">Successful completion of the recommended action shall be determined by standards established by the Division of Substance Abuse and Mental Health.</subsection></subsection><subsection number="53-3-231(10)(c)">At the conclusion of the penalty period imposed under Subsection <xref depth="4" refnumber="53-3-231(2)" start="0">(2)</xref>, the local substance abuse authority or the substance abuse program shall notify the division of the individual's status regarding completion of the recommended action.</subsection><subsection number="53-3-231(10)(d)">The local substance abuse authorities and the substance abuse programs shall cooperate with the division in:<subsection number="53-3-231(10)(d)(i)">conducting the assessments;</subsection><subsection number="53-3-231(10)(d)(ii)">making appropriate recommendations for action; and</subsection><subsection number="53-3-231(10)(d)(iii)">notifying the division about the individual's status regarding completion of the recommended action.</subsection></subsection><subsection number="53-3-231(10)(e)"><subsection number="53-3-231(10)(e)(i)">The local substance abuse authority is responsible for the cost of the assessment of the individual's alcohol abuse, if the assessment is conducted by the local substance abuse authority.</subsection><subsection number="53-3-231(10)(e)(ii)">The local substance abuse authority or a substance abuse program selected by an individual is responsible for:<subsection number="53-3-231(10)(e)(ii)(A)">conducting an assessment of the individual's alcohol abuse; and</subsection><subsection number="53-3-231(10)(e)(ii)(B)">for making a referral to an appropriate program on the basis of the findings of the assessment.</subsection></subsection><subsection number="53-3-231(10)(e)(iii)"><subsection number="53-3-231(10)(e)(iii)(A)">The individual who violated Subsection <xref depth="4" refnumber="53-3-231(2)(a)" start="0">(2)(a)</xref> is responsible for all costs and fees associated with the recommended program to which the individual selected or is referred.</subsection><subsection number="53-3-231(10)(e)(iii)(B)">The costs and fees under Subsection <xref depth="4" refnumber="53-3-231(10)(e)(iii)(A)" start="0">(10)(e)(iii)(A)</xref> shall be based on a sliding scale consistent with the local substance abuse authority's policies and practices regarding fees for services or determined by the substance abuse program.</subsection></subsection></subsection></subsection></section><section number="53-3-234"><histories><history>Enacted by Chapter <modchap sess="2001GS">125</modchap>, 2001 General Session</history><modyear>2001</modyear></histories><catchline>Driver license application -- Selective Service Registration -- Statement.</catchline><subsection number="53-3-234(1)">
The following information for each male United States citizen or immigrant under the age of 26 shall be electronically transmitted by the division to the Selective Service System:
<subsection number="53-3-234(1)(a)">
name;</subsection><subsection number="53-3-234(1)(b)">
address;</subsection><subsection number="53-3-234(1)(c)">
Social Security number; and</subsection><subsection number="53-3-234(1)(d)">
date of birth.</subsection></subsection><subsection number="53-3-234(2)">
Each application for any type of license to operate a motor vehicle in this state shall contain the following statement which must be acknowledged by the applicant:<eol/><format><tab/>"By submitting this application, I am consenting to registration with the Selective Service System, if required by federal law."</format></subsection><subsection number="53-3-234(3)">
Refusal to consent to the release of information to the Selective Service System shall result in the denial of the license.</subsection></section><section number="53-3-235"><histories><history>Amended by Chapter <modchap sess="2020GS">262</modchap>, 2020 General Session</history><modyear>2020</modyear></histories><catchline>Electronic license certificate or identification card.</catchline><subsection number="53-3-235(1)"><subsection number="53-3-235(1)(a)">
On or before January 1, 2021, the division shall establish a pilot program for a process and system for an individual to obtain an electronic license certificate or identification card.</subsection><subsection number="53-3-235(1)(b)">
Based on information and results from the pilot program described in Subsection <xref depth="4" refnumber="53-3-235(1)(a)" start="0">(1)(a)</xref>, on or before January 1, 2022, the division shall establish a process and system for an individual to obtain an electronic license certificate or identification card.</subsection></subsection><subsection number="53-3-235(2)">
In order to contract with a vendor to establish a process and system to issue an electronic license certificate or identification card, the division shall issue a standard procurement process in accordance with <xref depth="1" refnumber="63G-6a" start="0">Title 63G, Chapter 6a, Utah Procurement Code</xref>.</subsection><subsection number="53-3-235(3)">
In accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>, the division may make rules necessary to facilitate the implementation, coordination, and administration of electronic license certificates and identification cards.</subsection></section><section number="53-3-236"><histories><history>Amended by Chapter <modchap sess="2026GS">46</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Interdicted person identifier -- License notation.</catchline><subsection number="53-3-236(1)">If the division receives a notification from a court as provided in Section <xref depth="3" refnumber="41-6a-505">41-6a-505</xref>, <xref depth="3" refnumber="41-6a-509">41-6a-509</xref>, <xref depth="3" refnumber="76-5-102.1">76-5-102.1</xref>, or <xref depth="3" refnumber="76-5-207">76-5-207</xref>, that an individual is an interdicted person, the division:<subsection number="53-3-236(1)(a)"><subsection number="53-3-236(1)(a)(i)">may accept an application from the individual for a duplicate license that includes an interdicted person identifier; and</subsection><subsection number="53-3-236(1)(a)(ii)">if the individual submits an application and qualifies for a license certificate, may provide a license certificate with the interdicted person identifier; or</subsection></subsection><subsection number="53-3-236(1)(b)"><subsection number="53-3-236(1)(b)(i)">may accept an application from the individual for a renewal of a license or an original license with an interdicted person identifier; and</subsection><subsection number="53-3-236(1)(b)(ii)">if the individual submits an application and qualifies for a license certificate, may provide a license certificate with an interdicted person identifier.</subsection></subsection></subsection><subsection number="53-3-236(2)">The division may not provide to an individual a license certificate without the interdicted person identifier during the time period the court has designated the person as an interdicted person.</subsection><subsection number="53-3-236(3)"><subsection number="53-3-236(3)(a)">An individual may voluntarily apply for a duplicate license, original license, or renewal of a license that includes an interdicted person identifier.</subsection><subsection number="53-3-236(3)(b)">An individual who voluntarily applies for a duplicate license, original license, or renewal of a license with an interdicted person identifier may not apply for another duplicate license, original license, or renewal of a license without the interdicted person identifier for at least 30 days after the application for the license certificate with the interdicted person identifier.</subsection><subsection number="53-3-236(3)(c)">An individual who voluntarily applies for a duplicate license, original license, or renewal of a license with an interdicted person identifier is not required to pay the fee described in Subsection <xref depth="4" refnumber="53-3-236(5)">(5)</xref>.</subsection></subsection><subsection number="53-3-236(4)">An individual may not hold a license certificate with an interdicted person identifier while also holding another license certificate.</subsection><subsection number="53-3-236(5)">Subject to Subsection <xref depth="4" refnumber="53-3-236(3)(c)">(3)(c)</xref>, the division may charge an administrative fee as described in Subsection <xref refnumber="53-3-105(40)" depth="4">53-3-105(40)</xref> to an individual to process and provide a license certificate with an interdicted person identifier.</subsection><subsection number="53-3-236(6)">An individual who is designated as an interdicted person by a court is subject to the duplicate license fee and other fees necessary to administer the license certificate with the interdicted person identifier.</subsection></section><section number="53-3-237"><effdate>1/1/2027</effdate><histories><history>Enacted by Chapter <modchap sess="2026GS">443</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Driver license notation of tribal membership.</catchline><subsection number="53-3-237(1)">As used in this section:<subsection number="53-3-237(1)(a)">"Bureau of Indian Affairs affidavit of birth" or "tribal affidavit of birth" means an affidavit of birth issued by the United States Bureau of Indian Affairs that includes:<subsection number="53-3-237(1)(a)(i)">the individual's name;</subsection><subsection number="53-3-237(1)(a)(ii)">the individual's date of birth; and</subsection><subsection number="53-3-237(1)(a)(iii)">other identifying information.</subsection></subsection><subsection number="53-3-237(1)(b)">"Enhanced tribal card" means a tribal identification card that:<subsection number="53-3-237(1)(b)(i)">is issued by a federally recognized Indian tribe;</subsection><subsection number="53-3-237(1)(b)(ii)">meets the requirements established by the United States Department of Homeland Security for use as an acceptable document to denote identity and citizenship; and</subsection><subsection number="53-3-237(1)(b)(iii)">includes enhanced security features.</subsection></subsection><subsection number="53-3-237(1)(c)">"Federally recognized Indian tribe" means an Indian tribe recognized and included on the list required by 25 U.S.C. Sec. 5131.</subsection><subsection number="53-3-237(1)(d)">"Tribal certificate of Indian blood" means a certificate issued by the United States Bureau of Indian Affairs that:<subsection number="53-3-237(1)(d)(i)">certifies the degree of Indian blood of an individual; and</subsection><subsection number="53-3-237(1)(d)(ii)">verifies the individual's enrollment or eligibility for enrollment in a federally recognized Indian tribe.</subsection></subsection><subsection number="53-3-237(1)(e)">"Tribal identification card" means an identification card issued by a federally recognized Indian tribe that includes:<subsection number="53-3-237(1)(e)(i)">the individual's name;</subsection><subsection number="53-3-237(1)(e)(ii)">the individual's date of birth;</subsection><subsection number="53-3-237(1)(e)(iii)">a photograph of the individual; and</subsection><subsection number="53-3-237(1)(e)(iv)">the name of the issuing tribe.</subsection></subsection></subsection><subsection number="53-3-237(2)">An applicant may, as part of the application process described in Section <xref depth="3" refnumber="53-3-205">53-3-205</xref> or <xref depth="3" refnumber="53-3-804">53-3-804</xref>, request a notation on the applicant's individual license certificate or identification card indicating that the individual is an enrolled member of a federally recognized Indian tribe.</subsection><subsection number="53-3-237(3)">The division shall accept the following as satisfactory proof that the applicant is an enrolled member of a federally recognized Indian tribe:<subsection number="53-3-237(3)(a)">an enhanced tribal card;</subsection><subsection number="53-3-237(3)(b)">a tribal identification card;</subsection><subsection number="53-3-237(3)(c)">a tribal certificate of Indian blood; or</subsection><subsection number="53-3-237(3)(d)">a tribal or Bureau of Indian Affairs affidavit of birth.</subsection></subsection><subsection number="53-3-237(4)"><subsection number="53-3-237(4)(a)">If the applicant provides satisfactory proof as described in Subsection <xref depth="4" refnumber="53-3-237(3)">(3)</xref>, the division shall include on the individual's license certificate or identification card a notation of "Federally Recognized Tribal Member."</subsection><subsection number="53-3-237(4)(b)">The notation may not identify a specific Indian tribe or other specific personal information that is submitted on the documents that provide satisfactory proof that the person is an enrolled member of a federally recognized Indian tribe.</subsection></subsection></section></part>