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Second Substitute 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; SPECIFYING DRIVER
9 LICENSE DIVISION DUTIES; MAKING TECHNICAL CHANGES; AND PROVIDING AN
10 EFFECTIVE DATE.
11 This act affects sections of Utah Code Annotated 1953 as follows:
12 AMENDS:
13 41-8-1, as last amended by Chapter 162, Laws of Utah 1987
14 53-3-105, as last amended by Chapters 71 and 78, Laws of Utah 1996
15 53-3-209, as renumbered and amended by Chapter 234, Laws of Utah 1993
16 53-3-210, as last amended by Chapters 34 and 48, Laws of Utah 1996
17 53-3-213, as renumbered and amended by Chapter 234, Laws of Utah 1993
18 53A-13-208, as last amended by Chapter 48, Laws of Utah 1996
19 ENACTS:
20 53-3-209.1, Utah Code Annotated 1953
21 Be it enacted by the Legislature of the state of Utah:
22 Section 1. Section 41-8-1 is amended to read:
23 41-8-1. Operation of vehicle by persons under 16 prohibited -- Exceptions for
24 off-highway vehicles and off-highway implements of husbandry.
25 (1) [
26 years of age, whether resident or nonresident of this state, may not operate a motor vehicle upon
27 any highway of this state.
1 (2) This section does not apply to:
2 (a) persons operating off-highway vehicles registered under Section 41-22-3 either:
3 (i) on a highway designated as open for off-highway vehicle use; or
4 (ii) in the manner prescribed by Section 41-22-10.3; or
5 (b) persons operating off-highway implements of husbandry in the manner prescribed by
6 Subsections 41-22-5.5 (3) through (5).
7 Section 2. Section 53-3-105 is amended to read:
8 53-3-105. Fees for licenses, renewals, extensions, reinstatements, rescheduling, and
9 identification cards.
10 The following fees apply under this chapter:
11 (1) An original class D license application under Section 53-3-205 is $15.
12 (2) An original class M license application under Section 53-3-205 is $17.50.
13 (3) An original provisional license application for a class D license under Section 53-3-205
14 is [
15 (4) An original provisional license application for a class M license under Section
16 53-3-205 is [
17 (5) An original application for a motorcycle endorsement under Section 53-3-205 is $7.50.
18 (6) An original application for a taxicab endorsement under Section 53-3-205 is $5.
19 (7) A renewal of a class D license under Section 53-3-214 is $15 unless Subsection (13)
20 applies.
21 (8) A renewal of a class M license under Section 53-3-214 is $17.50.
22 (9) A renewal of a provisional license application for a class D license under Section
23 53-3-214 is $15.
24 (10) A renewal of a provisional license application for a class M license under Section
25 53-3-214 is $17.50.
26 (11) A renewal of a motorcycle endorsement under Section 53-3-214 is $7.50.
27 (12) A renewal of a taxicab endorsement under Section 53-3-214 is $5.
28 (13) A renewal of a class D license for a person 65 and older under Section 53-3-214 is
29 $5.
30 (14) An extension of a class D license under Section 53-3-214 is $12 unless Subsection
31 (20) applies.
1 (15) An extension of a class M license under Section 53-3-214 is $14.50.
2 (16) An extension of a provisional license application for a class D license under Section
3 53-3-214 is $12.
4 (17) An extension of a provisional license application for a class M license under Section
5 53-3-214 is $14.50.
6 (18) An extension of a motorcycle endorsement under Section 53-3-214 is $7.50.
7 (19) An extension of a taxicab endorsement under Section 53-3-214 is $5.
8 (20) An extension of a class D license for a person 65 and older under Section 53-3-214
9 is $3.
10 (21) An original or renewal application for a commercial class A, B, or C license or an
11 original or renewal of a provisional commercial class A or B license under Part 4 of this chapter
12 is:
13 (a) $30 for the written test; and
14 (b) $50 for the skills test.
15 (22) Each original CDL endorsement for passengers, hazardous material, double or triple
16 trailers, or tankers is $5.
17 (23) An original CDL endorsement for a school bus under Part 4 of this chapter is $5.
18 (24) A renewal of a CDL endorsement under Part 4 of this chapter is $5.
19 (25) A retake of a CDL written or a CDL skills test provided for in Section 53-3-205 is
20 $15.
21 (26) A retake of a CDL endorsement test provided for in Section 53-3-205 is $5.
22 (27) A duplicate class A, B, C, D, or M license certificate under Section 53-3-215 is $10.
23 (28) (a) A license reinstatement application under Section 53-3-205 is $25.
24 (b) A license reinstatement application under Section 53-3-205 for an alcohol, drug, or
25 combination of alcohol and any drug-related offense is $25 in addition to the fee under Subsection
26 (a).
27 (29) An administrative fee for license reinstatement after an alcohol, drug, or combination
28 of alcohol and any drug-related offense under Section 41-6-44.10, 53-3-223, or 53-3-231 or an
29 alcohol, drug, or combination of alcohol and any drug-related offense under Part 4 of this chapter
30 is $35. This administrative fee is in addition to the fees under Subsection (28).
31 (30) An administrative fee for license reinstatement after confiscation under Section
1 53-3-226 is $25.
2 (31) (a) An administrative fee for providing the driving record of a driver under Section
3 53-3-104 or 53-3-420 is $4.
4 (b) The division may not charge for a report furnished under Section 53-3-104 to a
5 municipal, county, state, or federal agency.
6 (32) A rescheduling fee under Section 53-3-205 or 53-3-407 is $25.
7 (33) An identification card application under Section 53-3-808 is $5.
8 Section 3. Section 53-3-209 is amended to read:
9 53-3-209. Provisional licenses only for persons under 21 -- Separate point system --
10 Denial and suspension procedures.
11 (1) The division may only grant a provisional license to a person younger than 21 years
12 of age.
13 (2) (a) The division shall make rules for the establishment and administration of a separate
14 point system for persons granted provisional licenses to facilitate counseling, penalization, or both
15 earlier than for persons 21 years of age or older.
16 (b) The rules shall establish point thresholds at which each of the following actions are
17 taken:
18 (i) a warning letter;
19 (ii) a request to appear for a hearing;
20 (iii) a denial of the driving privilege for first or second actions where the point total
21 established under Section 53-3-221 does not exceed the point threshold under which a person 21
22 years or older may be suspended; and
23 (iv) a suspension of the driving privilege.
24 (c) The rules shall require:
25 (i) an extension of the denial or suspension period for further violations within the
26 three-year period; and
27 (ii) denial or suspension of the driving privilege for failure to appear for a hearing required
28 under this section.
29 (3) A provisional license shall comply with the requirements described under Section
30 53-3-209.1
31 Section 4. Section 53-3-209.1 is enacted to read:
1 53-3-209.1. Graduated driver license system -- Division duties -- Conviction free
2 periods -- Qualifications -- Restrictions -- Exceptions.
3 (1) (a) Beginning on July 1, 1998, the privileges granted to a person issued a provisional
4 license under Section 53-3-209 shall be based on a graduated driver license system in which
5 increased privileges are granted to a provisional license holder based on good driving performance
6 for the periods established under this section.
7 (b) Each level of driving privileges granted under this section shall be for the period
8 specified in this section unless the division extends the required period based on the provisional
9 license holder's driving record or other violation.
10 (c) A person is exempt from the provisions of this section who:
11 (i) has been issued a provisional license prior to July 1, 1998;
12 (ii) is married; or
13 (iii) has been emancipated by adjudication.
14 (2) The division shall:
15 (a) keep a record of each level of driving privilege held by a provisional license holder;
16 (b) notify a provisional license holder when the license holder's level of driving privilege
17 is changed or extended;
18 (c) require a provisional license holder who is convicted of violating the provisions of this
19 section to attend a hearing before the division under Section 53-3-209, to determine if:
20 (i) the level of driving privileges of the holder's provisional license should be extended for
21 an additional period of time; and
22 (ii) the holder's driving privileges should be placed on probation, denied, or suspended.
23 (3) (a) The first level driving privileges shall be known as a level one provisional license.
24 (b) The division shall issue a level one provisional license to an applicant who:
25 (i) is at least 16 years of age;
26 (ii) has successfully completed a driver education course in a:
27 (A) commercial driver training school licensed under Title 53, Chapter 3, Part 5,
28 Commercial Driver Training Schools Act; or
29 (B) driver education program approved by the division;
30 (iii) has submitted the nonrefundable fee for a class D license; and
31 (iv) has passed the skills test administered or approved by the division.
1 (c) (i) The level one provisional license is effective for a minimum of six months and
2 continues until the holder graduates to the next level or until the date the holder reaches 18 years
3 of age.
4 (ii) (A) The level one provisional license allows the holder, while having the license in the
5 holder's immediate possession, to operate a class D motor vehicle when a licensed driver who is
6 at least 21 years of age is occupying a seat next to the holder.
7 (B) In addition to the provisions of Sections 41-6-148.20 and 41-6-182, all persons in the
8 vehicle shall wear a properly adjusted and fastened safety belt system or child restraint device, as
9 applicable, that meets the standards set by the commissioner of the Department of Public Safety.
10 (4) (a) The second level driving privileges shall be known as a level two provisional
11 license.
12 (b) The division shall indicate this status on the records of the division if the person:
13 (i) is at least 16 years and six months of age; and
14 (ii) has successfully completed level one provisional license requirements.
15 (c) (i) The level two provisional license is effective for a minimum of six months and
16 continues until the holder graduates to the next level or until the date the holder reaches 18 years
17 of age.
18 (ii) (A) The level two provisional license allows the holder, while having the license in the
19 holder's immediate possession, to operate a class D motor vehicle except during the hours of 12
20 midnight and 5:00 a.m.
21 (B) The night restriction under Subsection (4)(c)(ii)(A) is not applicable if the level two
22 provisional license holder is:
23 (I) accompanied by the holder's parent or legal guardian who is occupying a seat next to
24 the holder and is at least a level three provisional license holder;
25 (II) operating the vehicle for the holder's employment, including the trip to and from home
26 and the holder's employment;
27 (III) operating the vehicle to and from the holder's school or a school sponsored activity
28 and the holder's residence; or
29 (IV) 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 third level driving privileges shall be known as a level three provisional
3 license.
4 (b) The division shall indicate this status on the records of the division if the person:
5 (i) is at least 17 years of age; and
6 (ii) has successfully completed level two provisional license requirements.
7 (c) (i) The level three provisional license is effective until the date the holder reaches 21
8 years of age.
9 (ii) The level three provisional license allows the holder, while having the license in the
10 holder's immediate possession, to operate a class D motor vehicle with no more additional
11 restrictions than an adult in similar circumstances, except for the provisions of Section 53-3-209
12 for provisional licenses.
13 (6) The division shall issue a level three provisional license to a person under 21 years of
14 age who:
15 (a) is at least 18 years of age; or
16 (b) has been issued a driver license in another state at least six months prior to application
17 for a license in this state.
18 (7) In accordance with Title 63, Chapter 56, Utah Procurement Code, the division may
19 contract with a third party to implement the provisions of this section.
20 (8) A person who violates the restrictions of a provisional license under this section is
21 guilty of a class C misdemeanor.
22 Section 5. Section 53-3-210 is amended to read:
23 53-3-210. Temporary learner permit -- Instruction permit -- Commercial driver
24 instruction permit.
25 (1) (a) The division upon receiving an application for a class D or M license from a person
26 16 years of age or older may issue a temporary learner permit after the person has successfully
27 passed all parts of the examination not involving actually driving a motor vehicle.
28 (b) The temporary learner permit allows the applicant, while having the permit in the
29 applicant's immediate possession, to drive a motor vehicle upon the highways for six months from
30 the date of the application in conformance with the restrictions indicated on the permit.
31 (2) (a) The division, upon receiving an application, may issue an instruction permit
1 effective for one year to an applicant who is enrolled in a driver education program that includes
2 practice driving, if the program is approved by the State Office of Education, even though the
3 applicant has not reached the legal age to be eligible for a license.
4 (b) The instruction permit entitles the applicant, while having the permit in his immediate
5 possession, to drive a motor vehicle, only if an approved instructor is occupying a seat beside the
6 applicant or in accordance with the requirements of Subsections (4) and 53A-13-208 (4).
7 (3) The division may issue a commercial driver instruction permit under Title 53, Chapter
8 3, Part 4, Uniform Commercial Driver License Act.
9 (4) (a) The division shall issue a practice permit to an applicant who:
10 (i) is at least 15 years and nine months of age;
11 (ii) has been issued an instruction permit under this section;
12 (iii) is enrolled in or has successfully completed a driver education course in a:
13 (A) commercial driver training school licensed under Title 53, Chapter 3, Part 5,
14 Commercial Driver Training Schools Act; or
15 (B) driver education program approved by the division;
16 (iv) has passed the written test required by the division;
17 (v) has passed the [
18 (vi) has submitted the nonrefundable fee for a class D license.
19 (b) The division shall supply the practice permit form. The form shall include the
20 following information:
21 (i) the person's full name, date of birth, sex, home address, height, weight, and eye color;
22 (ii) the name of the school providing the driver education course;
23 (iii) the dates of issuance and expiration of the permit;
24 (iv) the statutory citation authorizing the permit; and
25 (v) the conditions and restrictions contained in this section for operating a class D motor
26 vehicle.
27 (c) The practice permit is valid for up to 90 days from the date of issuance. The practice
28 permit allows the person, while having the permit in the applicant's immediate possession, to
29 operate a class D motor vehicle when the person's parent, legal guardian, or adult spouse, who
30 must be a licensed driver, is occupying a seat next to the person and no other passengers are in the
31 vehicle.
1 (d) If an applicant has been issued a practice permit by the division, the applicant may
2 obtain an original or provisional class D license from the division upon passing the skills test
3 administered by the division and reaching 16 years of age.
4 Section 6. Section 53-3-213 is amended to read:
5 53-3-213. Age and experience requirements to drive school bus or certain other
6 carriers -- Misdemeanor to drive unauthorized class of motor vehicle -- Waiver of driving
7 examination by third party certification.
8 (1) (a) A person must be at least 21 years of age:
9 (i) to drive any school bus;
10 (ii) to drive any commercial motor vehicle outside this state; or
11 (iii) while transporting passengers for hire or hazardous materials.
12 (b) Subject to the requirements of Subsection (a), the division may grant a commercial
13 driver license to any applicant who:
14 (i) is at least 18 years of age [
15 (ii) has had at least one year of previous driving experience; and
16 (iii) is at least a level three provisional license holder under Section 53-3-209.1.
17 (c) It is a class C misdemeanor for any person to drive a class of motor vehicle for which
18 he is not licensed.
19 (2) (a) At the discretion of the commissioner and under standards established by the
20 division, persons employed as commercial drivers may submit a third party certification as
21 provided in Part 4 of this chapter in lieu of the driving segment of the examination.
22 (b) The division shall maintain necessary records and set standards to certify companies
23 desiring to qualify under Subsection (a).
24 Section 7. Section 53A-13-208 is amended to read:
25 53A-13-208. Driver education teachers certified as license examiners -- Issuance of
26 practice permits.
27 (1) The Driver License Division of the Department of Public Safety and the State Board
28 of Education through the State Office of Education shall establish procedures and standards to
29 certify teachers of driver education classes under this part to administer written and driving tests.
30 (2) The division is the certifying authority.
31 (3) (a) A teacher certified under this section shall give written and driving tests designed
1 for driver education classes authorized under this part.
2 (b) The Driver License Division shall, in conjunction with the State Office of Education,
3 establish minimal standards for the driver education class tests that are at least as difficult as those
4 required to receive a class D operator's license under Title 53, Chapter 3, Uniform Drivers License
5 Act.
6 (c) A student who passes the written test but fails the driving test given by a teacher
7 certified under this section may apply for a class D operator's license under Title 53, Chapter 3,
8 Part 2, Driver Licensing Act, and complete the driving test at a Driver License Division office.
9 (4) (a) A certified driver education teacher shall issue a practice permit to a student who:
10 (i) is at least 15 years and nine months of age;
11 (ii) passes the written test given by the teacher under this section; [
12 (iii) has been issued an instruction permit under Subsection 53-3-210(2)[
13 (iv) has passed the medical and visual tests.
14 (b) The State Office of Education shall supply the practice permit form. The form shall
15 include the following information:
16 (i) the student's full name, date of birth, sex, home address, height, weight, and eye color;
17 (ii) the name of the school providing the driver education program;
18 (iii) the name and signature of the driver education teacher;
19 (iv) the dates of issuance and expiration of the permit;
20 (v) the statutory citation authorizing the permit; and
21 (vi) the conditions and restrictions contained in this section for operating a class D motor
22 vehicle.
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 teacher as part of the core curriculum in the public school under this section satisfies the written
31 and driving parts of the test required for a class D operator's license.
1 (6) The Driver License Division and the State Board of Education shall establish
2 procedures to enable school districts to administer or process any tests for students to receive a
3 class D operator's license.
4 (7) The division and board shall establish the standards and procedures required under this
5 section by rules made in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking
6 Act.
7 Section 8. Effective date.
8 This act takes effect on July 1, 1998.
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