First Substitute H.B. 157

1

GRADUATED DRIVER LICENSE PROVISIONS
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Don E. Bush
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 53-3-213, as renumbered and amended by Chapter 234, Laws of Utah 1993
20 53A-13-208, as last amended by Chapter 48, Laws of Utah 1996
21 ENACTS:
22 53-3-209.1, Utah Code Annotated 1953
23 53-3-508.5, Utah Code Annotated 1953
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 41-8-1 is amended to read:
26 41-8-1. Operation of vehicle by persons under 16 prohibited -- Exceptions for
27 off-highway vehicles and off-highway implements of husbandry.

1 (1) [No] Except as provided under Section 53-3-210, 53-3-508.5, or 53A-13-208, a person
2 under 16 years of age, whether resident or nonresident of this state, may not operate a motor
3 vehicle upon any highway of this state.
4 (2) This section does not apply to:
5 (a) persons operating off-highway vehicles registered under Section 41-22-3 either:
6 (i) on a highway designated as open for off-highway vehicle use; or
7 (ii) in the manner prescribed by Section 41-22-10.3; or
8 (b) persons operating off-highway implements of husbandry in the manner prescribed by
9 Subsections 41-22-5.5 (3) through (5).
10 Section 2. Section 53-3-105 is amended to read:
11 53-3-105. Fees for licenses, renewals, extensions, reinstatements, rescheduling, and
12 identification cards.
13 The following fees apply under this chapter:
14 (1) An original class D license application under Section 53-3-205 is $15.
15 (2) An original class M license application under Section 53-3-205 is $17.50.
16 (3) An original provisional license application for a class D license under Section 53-3-205
17 is [$20] $25.
18 (4) An original provisional license application for a class M license under Section
19 53-3-205 is [$22.50] $27.50.
20 (5) An original application for a motorcycle endorsement under Section 53-3-205 is $7.50.
21 (6) An original application for a taxicab endorsement under Section 53-3-205 is $5.
22 (7) A renewal of a class D license under Section 53-3-214 is $15 unless Subsection (13)
23 applies.
24 (8) A renewal of a class M license under Section 53-3-214 is $17.50.
25 (9) A renewal of a provisional license application for a class D license under Section
26 53-3-214 is $15.
27 (10) A renewal of a provisional license application for a class M license under Section
28 53-3-214 is $17.50.
29 (11) A renewal of a motorcycle endorsement under Section 53-3-214 is $7.50.
30 (12) A renewal of a taxicab endorsement under Section 53-3-214 is $5.
31 (13) A renewal of a class D license for a person 65 and older under Section 53-3-214 is

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1 $5.
2 (14) An extension of a class D license under Section 53-3-214 is $12 unless Subsection
3 (20) applies.
4 (15) An extension of a class M license under Section 53-3-214 is $14.50.
5 (16) An extension of a provisional license application for a class D license under Section
6 53-3-214 is $12.
7 (17) An extension of a provisional license application for a class M license under Section
8 53-3-214 is $14.50.
9 (18) An extension of a motorcycle endorsement under Section 53-3-214 is $7.50.
10 (19) An extension of a taxicab endorsement under Section 53-3-214 is $5.
11 (20) An extension of a class D license for a person 65 and older under Section 53-3-214
12 is $3.
13 (21) An original or renewal application for a commercial class A, B, or C license or an
14 original or renewal of a provisional commercial class A or B license under Part 4 of this chapter
15 is:
16 (a) $30 for the written test; and
17 (b) $50 for the skills test.
18 (22) Each original CDL endorsement for passengers, hazardous material, double or triple
19 trailers, or tankers is $5.
20 (23) An original CDL endorsement for a school bus under Part 4 of this chapter is $5.
21 (24) A renewal of a CDL endorsement under Part 4 of this chapter is $5.
22 (25) A retake of a CDL written or a CDL skills test provided for in Section 53-3-205 is
23 $15.
24 (26) A retake of a CDL endorsement test provided for in Section 53-3-205 is $5.
25 (27) A duplicate class A, B, C, D, or M license certificate under Section 53-3-215 is $10.
26 (28) (a) A license reinstatement application under Section 53-3-205 is $25.
27 (b) A license reinstatement application under Section 53-3-205 for an alcohol, drug, or
28 combination of alcohol and any drug-related offense is $25 in addition to the fee under Subsection
29 (a).
30 (29) An administrative fee for license reinstatement after an alcohol, drug, or combination
31 of alcohol and any drug-related offense under Section 41-6-44.10, 53-3-223, or 53-3-231 or an

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1 alcohol, drug, or combination of alcohol and any drug-related offense under Part 4 of this chapter
2 is $35. This administrative fee is in addition to the fees under Subsection (28).
3 (30) An administrative fee for license reinstatement after confiscation under Section
4 53-3-226 is $25.
5 (31) (a) An administrative fee for providing the driving record of a driver under Section
6 53-3-104 or 53-3-420 is $4.
7 (b) The division may not charge for a report furnished under Section 53-3-104 to a
8 municipal, county, state, or federal agency.
9 (32) A rescheduling fee under Section 53-3-205 or 53-3-407 is $25.
10 (33) An identification card application under Section 53-3-808 is $5.
11 Section 3. Section 53-3-202 is amended to read:
12 53-3-202. Drivers must be licensed -- Taxicab endorsement.
13 (1) A person may not drive a motor vehicle on a highway in this state unless the person
14 is:
15 (a) granted the privilege to operate a motor vehicle by being licensed as a driver by the
16 division under this chapter;
17 (b) driving an official United States Government class D motor vehicle with a valid United
18 States Government driver permit or license for that type of vehicle;
19 (c) driving a road roller, road machinery, or any farm tractor or implement of husbandry
20 temporarily drawn, moved, or propelled on the highways;
21 (d) a nonresident who is at least 16 years of age and younger than 18 years of age who has
22 in his immediate possession a valid license certificate issued to him in his home state or country
23 and is driving as a class D or M driver;
24 (e) a nonresident who is at least 18 years of age and who has in his immediate possession
25 a valid license certificate issued to him in his home state or country if driving in the class or classes
26 identified on the home state license certificate, except those persons referred to in Part 6 of this
27 chapter;
28 (f) driving under a temporary learner permit, instruction permit, or practice permit in
29 accordance with Section 53-3-210, 53-3-508.5, or 53A-13-208;
30 (g) driving with a temporary license certificate issued in accordance with Section
31 53-3-207; or

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1 (h) exempt under Title 41, Chapter 22, Off-highway Vehicles.
2 (2) A person may not drive or, while within the passenger compartment of a motor vehicle,
3 exercise any degree or form of physical control of a motor vehicle being towed by a motor vehicle
4 upon a highway unless the person:
5 (a) holds a valid license issued under this chapter for the type or class of motor vehicle
6 being towed; or
7 (b) is exempted under either Subsection (1)(b) or (1)(c).
8 (3) A person may not drive a motor vehicle as a taxicab on a highway of this state unless
9 the person has a taxicab endorsement issued by the division on his license certificate.
10 (4) (a) A person may not operate an electric assisted bicycle as defined under Section
11 41-6-1 unless the person has a valid class M or class D license issued under this chapter.
12 (b) Subsection (4) is an exception to the provisions of Section 53-3-104.
13 Section 4. Section 53-3-209 is amended to read:
14 53-3-209. Provisional licenses only for persons under 21 -- Separate point system --
15 Denial and suspension procedures.
16 (1) The division may only grant a provisional license to a person younger than 21 years
17 of age.
18 (2) (a) The division shall make rules for the establishment and administration of a separate
19 point system for persons granted provisional licenses to facilitate counseling, penalization, or both
20 earlier than for persons 21 years of age or older.
21 (b) The rules shall establish point thresholds at which each of the following actions are
22 taken:
23 (i) a warning letter;
24 (ii) a request to appear for a hearing;
25 (iii) a denial of the driving privilege for first or second actions where the point total
26 established under Section 53-3-221 does not exceed the point threshold under which a person 21
27 years or older may be suspended; and
28 (iv) a suspension of the driving privilege.
29 (c) The rules shall require:
30 (i) an extension of the denial or suspension period for further violations within the
31 three-year period; and

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1 (ii) denial or suspension of the driving privilege for failure to appear for a hearing required
2 under this section.
3 (3) A provisional license shall comply with the requirements described under Section
4 53-3-209.1
5 Section 5. Section 53-3-209.1 is enacted to read:
6 53-3-209.1. Graduated driver license system -- Division duties -- Conviction free
7 periods -- Qualifications -- Restrictions -- Exceptions.
8 (1) (a) Beginning on July 1, 1998, the privileges granted to a person issued a provisional
9 license under Section 53-3-209 shall be based on a graduated driver license system in which
10 increased privileges are granted to a provisional license holder based on good driving performance
11 for the periods established under this section.
12 (b) Each level of driving privileges granted under this section shall be for a minimum of
13 six months, unless the division extends the required period based on the provisional license
14 holder's driving record or other violation.
15 (c) A person who has been issued a provisional license prior to July 1, 1998, is exempt
16 from the provisions of this section.
17 (2) The division shall:
18 (a) keep a record of each level of driving privilege held by a provisional license holder;
19 (b) notify a provisional license holder when the license holder's level of driving privilege
20 is changed or extended;
21 (c) require a provisional license holder who is convicted of violating the provisions of this
22 section to attend a hearing before the division under Section 53-3-209, to determine if:
23 (i) the level of driving privileges of the holder's provisional license should be extended for
24 an additional period of time; and
25 (ii) the holder's driving privileges should be placed on probation, denied, or suspended;
26 and
27 (d) assess points for violations of Section 53-3-208 sufficient to require the hearing for any
28 violation of Section 53-3-208.
29 (3) (a) The first level driving privileges shall be known as a level one provisional license.
30 (b) The division shall issue a level one provisional license to an applicant who:
31 (i) is at least 16 years of age;

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1 (ii) has successfully completed a driver education course in a:
2 (A) commercial driver training school licensed under Title 53, Chapter 3, Part 5,
3 Commercial Driver Training Schools Act; or
4 (B) driver education program approved by the division;
5 (iii) has submitted the nonrefundable fee for a class D license; and
6 (iv) has passed the skills test administered or approved by the division.
7 (c) (i) The level one provisional license is effective until the date the holder reaches 21
8 years of age or the holder graduates to the next level.
9 (ii) (A) The level one provisional license allows the holder, while having the license in the
10 holder's immediate possession, to operate a class D motor vehicle when the holder's parent, legal
11 guardian, or adult spouse is occupying a seat next to the person and is at least a level three
12 provisional license holder.
13 (B) In addition to the provisions of Sections 41-6-148.20 and 41-6-182, all persons in the
14 vehicle shall wear a properly adjusted and fastened safety belt system or child restraint device, as
15 applicable, that meets the standards set by the commissioner of the Department of Public Safety.
16 (4) (a) The second level driving privileges shall be known as a level two provisional
17 license.
18 (b) The division shall notify a person of graduation to this level and indicate this status on
19 the records of the division if the person:
20 (i) is at least 16 years and six months of age; and
21 (ii) has successfully completed level one provisional license requirements.
22 (c) (i) The level two provisional license is effective until the date the holder reaches 21
23 years of age or the holder graduates to the next level.
24 (ii) (A) The level two provisional license allows the holder, while having the license in the
25 holder's immediate possession, to operate a class D motor vehicle except during the hours of 12
26 midnight and 5:00 a.m.
27 (B) The night restriction under Subsection (4)(c)(ii)(A) is not applicable if the level two
28 night restricted license holder is:
29 (I) accompanied by the holder's parent, legal guardian, or adult spouse, who is occupying
30 a seat next to the person and is at least a level three provisional license holder;
31 (II) operating the vehicle for the holder's employment, including the trip to and from home

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1 and the holder's employment; or
2 (III) on assignment of a farmer or rancher and is engaged in an agricultural operation.
3 (C) In addition to the provisions of Sections 41-6-148.20 and 41-6-182, all persons in the
4 vehicle shall wear a properly adjusted and fastened safety belt system or child restraint device, as
5 applicable, that meets the standards set by the commissioner of the Department of Public Safety.
6 (5) (a) The third level driving privileges shall be known as a level three provisional
7 license.
8 (b) The division shall notify a person of graduation to this level and indicate this status on
9 the records of the division if the person:
10 (i) is at least 17 years of age; and
11 (ii) has successfully completed level two provisional license requirements.
12 (c) (i) The level three provisional license is effective until the date the holder reaches 21
13 years of age.
14 (ii) The level three provisional license allows the holder, while having the license in the
15 holder's immediate possession, to operate a class D motor vehicle with no more additional
16 restrictions than an adult in similar circumstances, except for the provisions of Section 53-3-209
17 for provisional licenses.
18 (6) The division shall issue a level three provisional license to a person under 21 years of
19 age who has been issued a driver license in another state at least six months prior to application
20 for a license in this state.
21 (7) In accordance with Title 63, Chapter 56, Utah Procurement Code, the division may
22 contract with a third party to implement the provisions of this section.
23 (8) A person who violates Subsection (3)(c)(ii), (4)(c)(ii), or (5)(c)(ii) is guilty of a class
24 C misdemeanor.
25 Section 6. Section 53-3-210 is amended to read:
26 53-3-210. Temporary learner permit -- Instruction permit -- Commercial driver
27 instruction permit.
28 (1) (a) The division upon receiving an application for a class D or M license from a person
29 16 years of age or older may issue a temporary learner permit after the person has successfully
30 passed all parts of the examination not involving actually driving a motor vehicle.
31 (b) The temporary learner permit allows the applicant, while having the permit in the

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1 applicant's immediate possession, to drive a motor vehicle upon the highways for six months from
2 the date of the application in conformance with the restrictions indicated on the permit.
3 (2) (a) The division, upon receiving an application, may issue an instruction permit
4 effective for one year to an applicant who is enrolled in a driver education program that includes
5 practice driving, if the program is approved by the State Office of Education, even though the
6 applicant has not reached the legal age to be eligible for a license.
7 (b) The instruction permit entitles the applicant, while having the permit in his immediate
8 possession, to drive a motor vehicle, only if an approved instructor is occupying a seat beside the
9 applicant or in accordance with the requirements of Subsections (4) and 53A-13-208 (4).
10 (3) The division may issue a commercial driver instruction permit under Title 53, Chapter
11 3, Part 4, Uniform Commercial Driver License Act.
12 (4) (a) The division shall issue a practice permit to an applicant who:
13 (i) is at least 15 years and nine months of age;
14 (ii) has been issued an instruction permit under this section;
15 (iii) is enrolled in or has successfully completed a driver education course in a:
16 (A) commercial driver training school licensed under Title 53, Chapter 3, Part 5,
17 Commercial Driver Training Schools Act; or
18 (B) driver education program approved by the division;
19 (iv) has passed the written test required by the division; and
20 (v) has passed the [physical and mental fitness] medical and visual tests[; and].
21 [(vi) has submitted the nonrefundable fee for a class D license.]
22 (b) The division shall supply the practice permit form. The form shall include the
23 following information:
24 (i) the person's full name, date of birth, sex, home address, height, weight, and eye color;
25 (ii) the name of the school providing the driver education course;
26 (iii) the dates of issuance and expiration of the permit;
27 (iv) the statutory citation authorizing the permit; and
28 (v) the conditions and restrictions contained in this section for operating a class D motor
29 vehicle.
30 (c) The practice permit is valid for up to 90 days from the date of issuance. The practice
31 permit allows the person, while having the permit in the applicant's immediate possession, to

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1 operate a class D motor vehicle when the person's parent, legal guardian, or adult spouse, who
2 must be a licensed driver, is occupying a seat next to the person and no other passengers are in the
3 vehicle.
4 [(d) If an applicant has been issued a practice permit by the division, the applicant may
5 obtain an original or provisional class D license from the division upon passing the skills test
6 administered by the division and reaching 16 years of age.]
7 Section 7. Section 53-3-213 is amended to read:
8 53-3-213. Age and experience requirements to drive school bus or certain other
9 carriers -- Misdemeanor to drive unauthorized class of motor vehicle -- Waiver of driving
10 examination by third party certification.
11 (1) (a) A person must be at least 21 years of age:
12 (i) to drive any school bus;
13 (ii) to drive any commercial motor vehicle outside this state; or
14 (iii) while transporting passengers for hire or hazardous materials.
15 (b) Subject to the requirements of Subsection (a), the division may grant a commercial
16 driver license to any applicant who:
17 (i) is at least 18 years of age [and];
18 (ii) has had at least one year of previous driving experience; and
19 (iii) is at least a level three provisional license holder under Section 53-3-209.1.
20 (c) It is a class C misdemeanor for any person to drive a class of motor vehicle for which
21 he is not licensed.
22 (2) (a) At the discretion of the commissioner and under standards established by the
23 division, persons employed as commercial drivers may submit a third party certification as
24 provided in Part 4 of this chapter in lieu of the driving segment of the examination.
25 (b) The division shall maintain necessary records and set standards to certify companies
26 desiring to qualify under Subsection (a).
27 Section 8. Section 53-3-508.5 is enacted to read:
28 53-3-508.5. Commercial driver training instructors certified as license examiners --
29 Issuance of practice permits.
30 (1) The Driver License Division of the Department of Public Safety shall establish
31 procedures and standards to certify instructors of commercial driver training schools licensed

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1 under this part to administer written tests.
2 (2) The division is the certifying authority.
3 (3) (a) An instructor certified under this section shall give written tests designed for driver
4 education classes authorized under this part.
5 (b) The Driver License Division shall establish minimal standards for the driver education
6 class tests that are at least as difficult as those required to receive a class D operator's license under
7 this chapter.
8 (c) A student who passes the written test given by an instructor certified under this section
9 may apply for a class D operator's license under Part 2, Driver Licensing Act, of this chapter and
10 complete the driving test at a Driver License Division office.
11 (4) (a) An instructor of a commercial driver training school licensed under this part shall
12 issue a practice permit to a student who:
13 (i) is at least 15 years and nine months of age;
14 (ii) passes the written test given by the instructor under this section;
15 (iii) has been issued an instruction permit under Subsection 53-3-210(2); and
16 (iv) has passed the medical and visual tests.
17 (b) The division shall supply the practice permit form.
18 (c) The practice permit is valid for up to 90 days from the date of issuance. The practice
19 permit allows the student to operate a class D motor vehicle when the student's parent, legal
20 guardian, or adult spouse, who must be a licensed driver, is occupying a seat next to the student
21 and no other passengers are in the vehicle.
22 (d) A student shall have the practice permit in his immediate possession at all times when
23 operating a motor vehicle under this section.
24 (5) A student who successfully passes the tests given by a certified driver education
25 instructor as part of the core curriculum in the commercial school under this section satisfies the
26 written test required for a class D operator's license.
27 (6) The Driver License Division shall establish procedures to enable a commercial driver
28 training school licensed under this part to administer or process the written tests for students to
29 receive a class D operator's license.
30 (7) The division shall establish the standards and procedures required under this section
31 by rules made in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act.

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1 Section 9. Section 53A-13-208 is amended to read:
2 53A-13-208. Driver education teachers certified as license examiners -- Issuance of
3 practice permits.
4 (1) The Driver License Division of the Department of Public Safety and the State Board
5 of Education through the State Office of Education shall establish procedures and standards to
6 certify teachers of driver education classes under this part to administer written and driving tests.
7 (2) The division is the certifying authority.
8 (3) (a) A teacher certified under this section shall give written and driving tests designed
9 for driver education classes authorized under this part.
10 (b) The Driver License Division shall, in conjunction with the State Office of Education,
11 establish minimal standards for the driver education class tests that are at least as difficult as those
12 required to receive a class D operator's license under Title 53, Chapter 3, Uniform Drivers License
13 Act.
14 (c) A student who passes the written test but fails the driving test given by a teacher
15 certified under this section may apply for a class D operator's license under Title 53, Chapter 3,
16 Part 2, Driver Licensing Act, and complete the driving test at a Driver License Division office.
17 (4) (a) A certified driver education teacher shall 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 teacher under this section; [and]
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 State Office of Education shall supply the practice permit form. The form shall
23 include the following information:
24 (i) the student's full name, date of birth, sex, home address, height, weight, and eye color;
25 (ii) the name of the school providing the driver education program;
26 (iii) the name and signature of the driver education teacher;
27 (iv) the dates of issuance and expiration of the permit;
28 (v) the statutory citation authorizing the permit; and
29 (vi) the conditions and restrictions contained in this section for operating a class D motor
30 vehicle.
31 (c) The practice permit is valid for up to 90 days from the date of issuance. The practice

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1 permit allows the student to operate a class D motor vehicle when the student's parent, legal
2 guardian, or adult spouse, who must be a licensed driver, is occupying a seat next to the student
3 and no other passengers are in the vehicle.
4 (d) A student shall have the practice permit in his immediate possession at all times when
5 operating a motor vehicle under this section.
6 (5) A student who successfully passes the tests given by a certified driver education
7 teacher as part of the core curriculum in the public school under this section satisfies the written
8 and driving parts of the test required for a class D operator's license.
9 (6) The Driver License Division and the State Board of Education shall establish
10 procedures to enable school districts to administer or process any tests for students to receive a
11 class D operator's license.
12 (7) The division and board shall establish the standards and procedures required under this
13 section by rules made in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking
14 Act.
15 Section 10. Effective date.
16 This act takes effect on January 1, 1998.

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