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H.B. 157
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5 AN ACT RELATING TO PUBLIC SAFETY; PROVIDING FOR A GRADUATED DRIVER
6 LICENSE SYSTEM FOR MINOR DRIVERS; INCREASING CERTAIN DRIVER LICENSE
7 FEES; PROVIDING FOR PROVISIONAL LICENSE LIMITATIONS AND CRITERIA FOR
8 GAINING ADDITIONAL DRIVER LICENSE PRIVILEGES; ALLOWING COMMERCIAL
9 DRIVER TRAINING SCHOOLS TO ADMINISTER CERTAIN TESTS AND ISSUE
10 PRACTICE PERMITS; SPECIFYING DRIVER LICENSE DIVISION DUTIES; MAKING
11 TECHNICAL CHANGES; AND PROVIDING AN EFFECTIVE DATE.
12 This act affects sections of Utah Code Annotated 1953 as follows:
13 AMENDS:
14 41-8-1, as last amended by Chapter 162, Laws of Utah 1987
15 53-3-105, as last amended by Chapters 71 and 78, Laws of Utah 1996
16 53-3-202, as last amended by Chapters 47 and 208, Laws of Utah 1996
17 53-3-209, as renumbered and amended by Chapter 234, Laws of Utah 1993
18 53-3-210, as last amended by Chapters 34 and 48, Laws of Utah 1996
19 53A-13-208, as last amended by Chapter 48, Laws of Utah 1996
20 ENACTS:
21 53-3-209.1, Utah Code Annotated 1953
22 53-3-508.5, Utah Code Annotated 1953
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 41-8-1 is amended to read:
25 41-8-1. Operation of vehicle by persons under 16 prohibited -- Exceptions for
26 off-highway vehicles and off-highway implements of husbandry.
27 (1) [
1 under 16 years of age, whether resident or nonresident of this state, may not operate a motor
2 vehicle upon any highway of this state.
3 (2) This section does not apply to:
4 (a) persons operating off-highway vehicles registered under Section 41-22-3 either:
5 (i) on a highway designated as open for off-highway vehicle use; or
6 (ii) in the manner prescribed by Section 41-22-10.3; or
7 (b) persons operating off-highway implements of husbandry in the manner prescribed by
8 Subsections 41-22-5.5 (3) through (5).
9 Section 2. Section 53-3-105 is amended to read:
10 53-3-105. Fees for licenses, renewals, extensions, reinstatements, rescheduling, and
11 identification cards.
12 The following fees apply under this chapter:
13 (1) An original class D license application under Section 53-3-205 is $15.
14 (2) An original class M license application under Section 53-3-205 is $17.50.
15 (3) An original provisional license application for a class D license under Section 53-3-205
16 is [
17 (4) An original provisional license application for a class M license under Section
18 53-3-205 is [
19 (5) An original application for a motorcycle endorsement under Section 53-3-205 is $7.50.
20 (6) An original application for a taxicab endorsement under Section 53-3-205 is $5.
21 (7) A renewal of a class D license under Section 53-3-214 is $15 unless Subsection (13)
22 applies.
23 (8) A renewal of a class M license under Section 53-3-214 is $17.50.
24 (9) A renewal of a provisional license application for a class D license under Section
25 53-3-214 is $15.
26 (10) A renewal of a provisional license application for a class M license under Section
27 53-3-214 is $17.50.
28 (11) A renewal of a motorcycle endorsement under Section 53-3-214 is $7.50.
29 (12) A renewal of a taxicab endorsement under Section 53-3-214 is $5.
30 (13) A renewal of a class D license for a person 65 and older under Section 53-3-214 is
31 $5.
1 (14) An extension of a class D license under Section 53-3-214 is $12 unless Subsection
2 (20) applies.
3 (15) An extension of a class M license under Section 53-3-214 is $14.50.
4 (16) An extension of a provisional license application for a class D license under Section
5 53-3-214 is $12.
6 (17) An extension of a provisional license application for a class M license under Section
7 53-3-214 is $14.50.
8 (18) An extension of a motorcycle endorsement under Section 53-3-214 is $7.50.
9 (19) An extension of a taxicab endorsement under Section 53-3-214 is $5.
10 (20) An extension of a class D license for a person 65 and older under Section 53-3-214
11 is $3.
12 (21) An original or renewal application for a commercial class A, B, or C license or an
13 original or renewal of a provisional commercial class A or B license under Part 4 of this chapter
14 is:
15 (a) $30 for the written test; and
16 (b) $50 for the skills test.
17 (22) Each original CDL endorsement for passengers, hazardous material, double or triple
18 trailers, or tankers is $5.
19 (23) An original CDL endorsement for a school bus under Part 4 of this chapter is $5.
20 (24) A renewal of a CDL endorsement under Part 4 of this chapter is $5.
21 (25) A retake of a CDL written or a CDL skills test provided for in Section 53-3-205 is
22 $15.
23 (26) A retake of a CDL endorsement test provided for in Section 53-3-205 is $5.
24 (27) A duplicate class A, B, C, D, or M license certificate under Section 53-3-215 is $10.
25 (28) (a) A license reinstatement application under Section 53-3-205 is $25.
26 (b) A license reinstatement application under Section 53-3-205 for an alcohol, drug, or
27 combination of alcohol and any drug-related offense is $25 in addition to the fee under Subsection
28 (a).
29 (29) An administrative fee for license reinstatement after an alcohol, drug, or combination
30 of alcohol and any drug-related offense under Section 41-6-44.10, 53-3-223, or 53-3-231 or an
31 alcohol, drug, or combination of alcohol and any drug-related offense under Part 4 of this chapter
1 is $35. This administrative fee is in addition to the fees under Subsection (28).
2 (30) An administrative fee for license reinstatement after confiscation under Section
3 53-3-226 is $25.
4 (31) (a) An administrative fee for providing the driving record of a driver under Section
5 53-3-104 or 53-3-420 is $4.
6 (b) The division may not charge for a report furnished under Section 53-3-104 to a
7 municipal, county, state, or federal agency.
8 (32) A rescheduling fee under Section 53-3-205 or 53-3-407 is $25.
9 (33) An identification card application under Section 53-3-808 is $5.
10 Section 3. Section 53-3-202 is amended to read:
11 53-3-202. Drivers must be licensed -- Taxicab endorsement.
12 (1) A person may not drive a motor vehicle on a highway in this state unless the person
13 is:
14 (a) granted the privilege to operate a motor vehicle by being licensed as a driver by the
15 division under this chapter;
16 (b) driving an official United States Government class D motor vehicle with a valid United
17 States Government driver permit or license for that type of vehicle;
18 (c) driving a road roller, road machinery, or any farm tractor or implement of husbandry
19 temporarily drawn, moved, or propelled on the highways;
20 (d) a nonresident who is at least 16 years of age and younger than 18 years of age who has
21 in his immediate possession a valid license certificate issued to him in his home state or country
22 and is driving as a class D or M driver;
23 (e) a nonresident who is at least 18 years of age and who has in his immediate possession
24 a valid license certificate issued to him in his home state or country if driving in the class or classes
25 identified on the home state license certificate, except those persons referred to in Part 6 of this
26 chapter;
27 (f) driving under a temporary learner permit, instruction permit, or practice permit in
28 accordance with Section 53-3-210, 53-3-508.5, or 53A-13-208;
29 (g) driving with a temporary license certificate issued in accordance with Section
30 53-3-207; or
31 (h) exempt under Title 41, Chapter 22, Off-highway Vehicles.
1 (2) A person may not drive or, while within the passenger compartment of a motor vehicle,
2 exercise any degree or form of physical control of a motor vehicle being towed by a motor vehicle
3 upon a highway unless the person:
4 (a) holds a valid license issued under this chapter for the type or class of motor vehicle
5 being towed; or
6 (b) is exempted under either Subsection (1)(b) or (1)(c).
7 (3) A person may not drive a motor vehicle as a taxicab on a highway of this state unless
8 the person has a taxicab endorsement issued by the division on his license certificate.
9 (4) (a) A person may not operate an electric assisted bicycle as defined under Section
10 41-6-1 unless the person has a valid class M or class D license issued under this chapter.
11 (b) Subsection (4) is an exception to the provisions of Section 53-3-104.
12 Section 4. Section 53-3-209 is amended to read:
13 53-3-209. Provisional licenses only for persons under 21 -- Separate point system --
14 Denial and suspension procedures.
15 (1) The division may only grant a provisional license to a person younger than 21 years
16 of age.
17 (2) (a) The division shall make rules for the establishment and administration of a separate
18 point system for persons granted provisional licenses to facilitate counseling, penalization, or both
19 earlier than for persons 21 years of age or older.
20 (b) The rules shall establish point thresholds at which each of the following actions are
21 taken:
22 (i) a warning letter;
23 (ii) a request to appear for a hearing;
24 (iii) a denial of the driving privilege for first or second actions where the point total
25 established under Section 53-3-221 does not exceed the point threshold under which a person 21
26 years or older may be suspended; and
27 (iv) a suspension of the driving privilege.
28 (c) The rules shall require:
29 (i) an extension of the denial or suspension period for further violations within the
30 three-year period; and
31 (ii) denial or suspension of the driving privilege for failure to appear for a hearing required
1 under this section.
2 (3) A provisional license shall comply with the requirements described under Section
3 53-3-209.1
4 Section 5. Section 53-3-209.1 is enacted to read:
5 53-3-209.1. Graduated driver license system -- Division duties -- Conviction free
6 periods -- Qualifications -- Restrictions -- Exceptions.
7 (1) (a) Beginning on July 1, 1997, the privileges granted to a person issued a provisional
8 license under Section 53-3-209 shall be based on a graduated driver license system in which
9 increased privileges are granted to a provisional license holder based on good driving performance
10 for the periods established under this section.
11 (b) A person who has been issued a provisional license prior to July 1, 1997, is exempt
12 from the provisions of this section.
13 (2) (a) In order to graduate from one level of privileges to another, a provisional license
14 holder must be free of all of the following for six consecutive months:
15 (i) a conviction of a reportable violation as defined in Section 53-3-102;
16 (ii) a conviction of an alcohol or drug-related offense; and
17 (iii) a conviction of violating the driving restrictions of a provisional license.
18 (b) Each period shall begin on the date each level of driving privileges is granted and shall
19 begin again on the date of each violation under Subsection (2)(a).
20 (c) The division shall:
21 (i) keep a record of each level for which each provisional license holder is qualified;
22 (ii) notify a provisional license holder when the license holder's level is changed; and
23 (iii) cancel any level, as required under this section, upon receiving a record of a
24 conviction for a violation under Subsection (2)(a).
25 (3) (a) The first level driving privileges shall be known as a level one limited license.
26 (b) The division shall issue a level one limited license to an applicant who:
27 (i) is at least 16 years of age;
28 (ii) has successfully completed a driver education course in a:
29 (A) commercial driver training school licensed under Title 53, Chapter 3, Part 5,
30 Commercial Driver Training Schools Act; or
31 (B) driver education program approved by the division;
1 (iii) has submitted the nonrefundable fee for a class D license; and
2 (iv) has passed the skills test administered or approved by the division.
3 (c) (i) The level one limited license is valid until the date the holder reaches 21 years of
4 age or the holder graduates to the next level.
5 (ii) (A) The level one limited license allows the holder, while having the license in the
6 holder's immediate possession, to operate a class D motor vehicle when the holder's parent, legal
7 guardian, or adult spouse is occupying a seat next to the person and the other person is a licensed
8 driver.
9 (B) In addition to the provisions of Sections 41-6-148.20 and 41-6-182, all persons in the
10 vehicle shall wear a properly adjusted and fastened safety belt system or child restraint device, as
11 applicable, that meets the standards set by the commissioner of the Department of Public Safety.
12 (4) (a) The second level driving privileges shall be known as a level two night restricted
13 license.
14 (b) The division shall notify a person of graduation to this level and indicate this status on
15 the records of the division if the person:
16 (i) is at least 16 years and six months of age; and
17 (ii) has successfully completed level one limited license requirements.
18 (c) (i) The level two night restricted license is valid until the date the holder reaches 21
19 years of age or the holder graduates to the next level.
20 (ii) (A) The level two night restricted license allows the holder, while having the license
21 in the holder's immediate possession, to operate a class D motor vehicle except during the hours
22 of 12 midnight and 5:00 a.m.
23 (B) The night restriction under Subsection (4)(c)(ii)(A) is not applicable if the level two
24 night restricted license holder is:
25 (I) accompanied by the holder's parent, legal guardian, or adult spouse, who is occupying
26 a seat next to the person and is a licensed driver;
27 (II) operating the vehicle for the holder's employment, including the trip to and from home
28 and the holder's employment; or
29 (III) on assignment of a farmer or rancher and is engaged in an agricultural operation.
30 (C) In addition to the provisions of Sections 41-6-148.20 and 41-6-182, all persons in the
31 vehicle shall wear a properly adjusted and fastened safety belt system or child restraint device, as
1 applicable, that meets the standards set by the commissioner of the Department of Public Safety.
2 (5) (a) The three level driving privileges shall be known as a level three provisional
3 license.
4 (b) The division shall notify a person of graduation to this level and indicate this status on
5 the records of the division if the person:
6 (i) is at least 17 years of age; and
7 (ii) has successfully completed level two night restricted license requirements.
8 (c) (i) The level three provisional license is valid until the date the holder reaches 21 years
9 of age.
10 (ii) The level three provisional license allows the holder, while having the license in the
11 holder's immediate possession, to operate a class D motor vehicle with no more additional
12 restrictions than an adult in similar circumstances, except for the provisions of Section 53-3-209
13 for provisional licenses.
14 (6) The division shall issue a level three provisional license to a person under 21 years of
15 age who has been issued a driver license in another state at least six months prior to application
16 for a license in this state.
17 (7) In accordance with Title 63, Chapter 56, Utah Procurement Code, the division may
18 contract with a third party to implement the provisions of this section.
19 Section 6. Section 53-3-210 is amended to read:
20 53-3-210. Temporary learner permit -- Instruction permit -- Commercial driver
21 instruction permit.
22 (1) (a) The division upon receiving an application for a class D or M license from a person
23 16 years of age or older may issue a temporary learner permit after the person has successfully
24 passed all parts of the examination not involving actually driving a motor vehicle.
25 (b) The temporary learner permit allows the applicant, while having the permit in the
26 applicant's immediate possession, to drive a motor vehicle upon the highways for six months from
27 the date of the application in conformance with the restrictions indicated on the permit.
28 (2) (a) The division, upon receiving an application, may issue an instruction permit
29 effective for one year to an applicant who is enrolled in a driver education program that includes
30 practice driving, if the program is approved by the State Office of Education, even though the
31 applicant has not reached the legal age to be eligible for a license.
1 (b) The instruction permit entitles the applicant, while having the permit in his immediate
2 possession, to drive a motor vehicle, only if an approved instructor is occupying a seat beside the
3 applicant or in accordance with the requirements of Subsections (4) and 53A-13-208 (4).
4 (3) The division may issue a commercial driver instruction permit under Title 53, Chapter
5 3, Part 4, Uniform Commercial Driver License Act.
6 (4) (a) The division shall issue a practice permit to an applicant who:
7 (i) is at least 15 years and nine months of age;
8 (ii) has been issued an instruction permit under this section;
9 (iii) is enrolled in or has successfully completed a driver education course in a:
10 (A) commercial driver training school licensed under Title 53, Chapter 3, Part 5,
11 Commercial Driver Training Schools Act; or
12 (B) driver education program approved by the division;
13 (iv) has passed the written test required by the division; and
14 (v) has passed the [
15 [
16 (b) The division shall supply the practice permit form. The form shall include the
17 following information:
18 (i) the person's full name, date of birth, sex, home address, height, weight, and eye color;
19 (ii) the name of the school providing the driver education course;
20 (iii) the dates of issuance and expiration of the permit;
21 (iv) the statutory citation authorizing the permit; and
22 (v) the conditions and restrictions contained in this section for operating a class D motor
23 vehicle.
24 (c) The practice permit is valid for up to 90 days from the date of issuance. The practice
25 permit allows the person, while having the permit in the applicant's immediate possession, to
26 operate a class D motor vehicle when the person's parent, legal guardian, or adult spouse, who
27 must be a licensed driver, is occupying a seat next to the person and no other passengers are in the
28 vehicle.
29 [
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1 Section 7. Section 53-3-508.5 is enacted to read:
2 53-3-508.5. Commercial driver training instructors certified as license examiners --
3 Issuance of practice permits.
4 (1) The Driver License Division of the Department of Public Safety shall establish
5 procedures and standards to certify instructors of commercial driver training schools licensed
6 under this part to administer written tests.
7 (2) The division is the certifying authority.
8 (3) (a) An instructor certified under this section shall give written tests designed for driver
9 education classes authorized under this part.
10 (b) The Driver License Division shall establish minimal standards for the driver education
11 class tests that are at least as difficult as those required to receive a class D operator's license under
12 this chapter.
13 (c) A student who passes the written test given by an instructor certified under this section
14 may apply for a class D operator's license under Part 2, Driver Licensing Act, of this chapter and
15 complete the driving test at a Driver License Division office.
16 (4) (a) An instructor of a commercial driver training school licensed under this part shall
17 issue a practice permit to a student who:
18 (i) is at least 15 years and nine months of age;
19 (ii) passes the written test given by the instructor under this section;
20 (iii) has been issued an instruction permit under Subsection 53-3-210(2); and
21 (iv) has passed the medical and visual tests.
22 (b) The division shall supply the practice permit form.
23 (c) The practice permit is valid for up to 90 days from the date of issuance. The practice
24 permit allows the student to operate a class D motor vehicle when the student's parent, legal
25 guardian, or adult spouse, who must be a licensed driver, is occupying a seat next to the student
26 and no other passengers are in the vehicle.
27 (d) A student shall have the practice permit in his immediate possession at all times when
28 operating a motor vehicle under this section.
29 (5) A student who successfully passes the tests given by a certified driver education
30 instructor as part of the core curriculum in the commercial school under this section satisfies the
31 written test required for a class D operator's license.
1 (6) The Driver License Division shall establish procedures to enable a commercial driver
2 training school licensed under this part to administer or process the written tests for students to
3 receive a class D operator's license.
4 (7) The division shall establish the standards and procedures required under this section
5 by rules made in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
6 Section 8. Section 53A-13-208 is amended to read:
7 53A-13-208. Driver education teachers certified as license examiners -- Issuance of
8 practice permits.
9 (1) The Driver License Division of the Department of Public Safety and the State Board
10 of Education through the State Office of Education shall establish procedures and standards to
11 certify teachers of driver education classes under this part to administer written and driving tests.
12 (2) The division is the certifying authority.
13 (3) (a) A teacher certified under this section shall give written and driving tests designed
14 for driver education classes authorized under this part.
15 (b) The Driver License Division shall, in conjunction with the State Office of Education,
16 establish minimal standards for the driver education class tests that are at least as difficult as those
17 required to receive a class D operator's license under Title 53, Chapter 3, Uniform Drivers License
18 Act.
19 (c) A student who passes the written test but fails the driving test given by a teacher
20 certified under this section may apply for a class D operator's license under Title 53, Chapter 3,
21 Part 2, Driver Licensing Act, and complete the driving test at a Driver License Division office.
22 (4) (a) A certified driver education teacher shall issue a practice permit to a student who:
23 (i) is at least 15 years and nine months of age;
24 (ii) passes the written test given by the teacher under this section; [
25 (iii) has been issued an instruction permit under Subsection 53-3-210(2)[
26 (iv) has passed the medical and visual tests.
27 (b) The State Office of Education shall supply the practice permit form. The form shall
28 include the following information:
29 (i) the student's full name, date of birth, sex, home address, height, weight, and eye color;
30 (ii) the name of the school providing the driver education program;
31 (iii) the name and signature of the driver education teacher;
1 (iv) the dates of issuance and expiration of the permit;
2 (v) the statutory citation authorizing the permit; and
3 (vi) the conditions and restrictions contained in this section for operating a class D motor
4 vehicle.
5 (c) The practice permit is valid for up to 90 days from the date of issuance. The practice
6 permit allows the student to operate a class D motor vehicle when the student's parent, legal
7 guardian, or adult spouse, who must be a licensed driver, is occupying a seat next to the student
8 and no other passengers are in the vehicle.
9 (d) A student shall have the practice permit in his immediate possession at all times when
10 operating a motor vehicle under this section.
11 (5) A student who successfully passes the tests given by a certified driver education
12 teacher as part of the core curriculum in the public school under this section satisfies the written
13 and driving parts of the test required for a class D operator's license.
14 (6) The Driver License Division and the State Board of Education shall establish
15 procedures to enable school districts to administer or process any tests for students to receive a
16 class D operator's license.
17 (7) The division and board shall establish the standards and procedures required under this
18 section by rules made in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking
19 Act.
20 Section 9. Effective date.
21 This act takes effect on July 1, 1997.
Legislative Review Note
as of 10-17-96 1:51 PM
A limited legal review of this bill raises no obvious constitutional or statutory concerns.
Office of Legislative Research and General Counsel
Committee Note
The Transportation and Public Safety Interim Committee recommended this bill.
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