First Substitute H.B. 244

1

DRIVER LICENSE - SMART CARD
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Gerry A. Adair
5 AN ACT RELATING TO PUBLIC SAFETY; AUTHORIZING CERTAIN DRIVER LICENSE
6 FORMATS; RESTRICTING INFORMATION STORAGE AND RETRIEVAL;
7 AUTHORIZING THE DIVISION TO ENTER CERTAIN CONTRACTS; REPEALING
8 CERTAIN DRIVER LICENSE SURRENDER PROVISIONS; PROVIDING FOR
9 RULEMAKING; AND PROVIDING AN EFFECTIVE DATE.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 AMENDS:
12 41-6-13.5, as last amended by Chapter 20, Laws of Utah 1995
13 41-6-44.10, as last amended by Chapter 71, Laws of Utah 1996
14 41-12a-303.2, as last amended by Chapters 33 and 200, Laws of Utah 1996
15 41-12a-411, as last amended by Chapter 98, Laws of Utah 1988
16 41-12a-604, as last amended by Chapter 200, Laws of Utah 1996
17 53-3-205, as last amended by Chapter 155, Laws of Utah 1995
18 53-3-207, as renumbered and amended by Chapters 24 and 234, Laws of Utah 1993
19 53-3-218, as last amended by Chapter 200, Laws of Utah 1996
20 53-3-221, as renumbered and amended by Chapter 234, Laws of Utah 1993
21 53-3-223, as last amended by Chapter 180, Laws of Utah 1994
22 53-3-226, as renumbered and amended by Chapter 234, Laws of Utah 1993
23 53-3-229, as renumbered and amended by Chapter 234, Laws of Utah 1993
24 53-3-231, as renumbered and amended by Chapter 71, Laws of Utah 1996
25 53-3-408, as renumbered and amended by Chapter 234, Laws of Utah 1993
26 53-3-418, as last amended by Chapter 7, Laws of Utah 1994
27 Be it enacted by the Legislature of the state of Utah:

1 Section 1. Section 41-6-13.5 is amended to read:
2 41-6-13.5. Failure to respond to officer's signal to stop -- Fleeing -- Causing property
3 damage or bodily injury -- Suspension of driver's license -- Forfeiture of vehicle -- Penalties.
4 (1) An operator who, having received a visual or audible signal from a peace officer to
5 bring his vehicle to a stop, operates his vehicle in willful or wanton disregard of the signal so as
6 to interfere with or endanger the operation of any vehicle or person, or who attempts to flee or
7 elude a peace officer by vehicle or other means is guilty of a felony of the third degree. The court
8 shall, as part of any sentence under this subsection, impose a fine of not less than $1,000.
9 (2) An operator who violates Subsection (1) and while so doing causes death or serious
10 bodily injury to another person, under circumstances not amounting to murder or aggravated
11 murder, is guilty of a felony of the second degree. The court shall, as part of any sentence under
12 this subsection, impose a fine of not less than $5,000.
13 (3) (a) In addition to the penalty provided under this section or any other section, an
14 operator who, having received a visual or audible signal from a peace officer to bring his vehicle
15 to a stop, operates his vehicle in willful or wanton disregard of the signal so as to interfere with
16 or endanger the operation of any vehicle or person, or who attempts to flee or elude a peace officer
17 by vehicle or other means, shall have his driver's license revoked pursuant to Subsection
18 53-3-220(1)(a)(ix) for a period of one year.
19 (b) [The court shall collect the driver's license to be revoked and forward it to the Division
20 of Drivers' License Services, along with a report of the conviction. If the court is unable to collect
21 the driver's license, the] The court shall [nevertheless] forward the report of the conviction to the
22 division. [If the person is the holder of a driver's license from another jurisdiction, the court shall
23 not collect the driver's license but shall notify the division and the division shall notify the
24 appropriate officials in the licensing state.]
25 Section 2. Section 41-6-44.10 is amended to read:
26 41-6-44.10. Implied consent to chemical tests for alcohol or drug -- Number of tests
27 -- Refusal -- Warning, report -- Hearing, revocation of license -- Appeal -- Person incapable
28 of refusal -- Results of test available -- Who may give test -- Evidence.
29 (1) (a) A person operating a motor vehicle in this state is considered to have given his
30 consent to a chemical test or tests of his breath, blood, or urine for the purpose of determining
31 whether he was operating or in actual physical control of a motor vehicle while having a blood or

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1 breath alcohol content statutorily prohibited under Section 41-6-44 or 53-3-231, while under the
2 influence of alcohol, any drug, or combination of alcohol and any drug under Section 41-6-44, or
3 while having any measurable controlled substance or metabolite of a controlled substance in the
4 person's body in violation of Section 41-6-44.6, if the test is or tests are administered at the
5 direction of a peace officer having grounds to believe that person to have been operating or in
6 actual physical control of a motor vehicle while having a blood or breath alcohol content
7 statutorily prohibited under Section 41-6-44 or 53-3-231, or while under the influence of alcohol,
8 any drug, or combination of alcohol and any drug under Section 41-6-44, or while having any
9 measurable controlled substance or metabolite of a controlled substance in the person's body in
10 violation of Section 41-6-44.6.
11 (b) (i) The peace officer determines which of the tests are administered and how many of
12 them are administered.
13 (ii) If an officer requests more than one test, refusal by a person to take one or more
14 requested tests, even though he does submit to any other requested test or tests, is a refusal under
15 this section.
16 (c) (i) A person who has been requested under this section to submit to a chemical test or
17 tests of his breath, blood, or urine, may not select the test or tests to be administered.
18 (ii) The failure or inability of a peace officer to arrange for any specific chemical test is
19 not a defense to taking a test requested by a peace officer, and it is not a defense in any criminal,
20 civil, or administrative proceeding resulting from a person's refusal to submit to the requested test
21 or tests.
22 (2) (a) If the person has been placed under arrest, has then been requested by a peace
23 officer to submit to any one or more of the chemical tests under Subsection (1), and refuses to
24 submit to any chemical test requested, the person shall be warned by the peace officer requesting
25 the test or tests that a refusal to submit to the test or tests can result in revocation of the person's
26 license to operate a motor vehicle.
27 (b) Following the warning under Subsection (a), if the person does not immediately
28 request that the chemical test or tests as offered by a peace officer be administered a peace officer
29 shall serve on the person, on behalf of the Driver License Division, immediate notice of the Driver
30 License Division's intention to revoke the person's privilege or license to operate a motor vehicle.
31 When the officer serves the immediate notice on behalf of the Driver License Division, he shall:

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1 [(i) take the Utah license certificate or permit, if any, of the operator;]
2 [(ii) issue a temporary license effective for only 29 days; and]
3 [(iii)] (i) supply to the [operator] person, on a form approved by the Driver License
4 Division, basic information regarding how to obtain a hearing before the Driver License
5 Division[.]; and
6 [(c) A citation issued by a peace officer may, if approved as to form by the Driver License
7 Division, serve also as the temporary license.]
8 (ii) inform the person that the person's privilege or license to operate a motor vehicle will
9 be revoked after 29 days if a hearing is not requested.
10 [(d)] (c) The peace officer shall submit a signed report, within five days after the date of
11 the arrest, that he had grounds to believe the arrested person had been operating or was in actual
12 physical control of a motor vehicle while having a blood or breath alcohol content statutorily
13 prohibited under Section 41-6-44 or 53-3-231, while under the influence of alcohol, any drug, or
14 combination of alcohol and any drug under Section 41-6-44, or while having any measurable
15 controlled substance or metabolite of a controlled substance in the person's body in violation of
16 Section 41-6-44.6, and that the person had refused to submit to a chemical test or tests under
17 Subsection (1).
18 [(e)] (d) (i) A person who has been notified of the Driver License Division's intention to
19 revoke his license under this section is entitled to a hearing.
20 (ii) A request for the hearing shall be made in writing within ten days after the date of the
21 arrest.
22 (iii) Upon written request, the division shall grant to the person an opportunity to be heard
23 within 29 days after the date of arrest.
24 (iv) If the person does not make a timely written request for a hearing before the division,
25 his privilege to operate a motor vehicle in the state is revoked beginning on the 30th day after the
26 date of arrest for a period of:
27 (A) one year unless Subsection (B) applies; or
28 (B) 18 months if the person has had a previous license sanction after July 1, 1993, under
29 this section, Section, 41-6-44.6, 53-3-223, or 53-3-231 or a conviction after July 1, 1993, under
30 Section 41-6-44.
31 [(f)] (e) If a hearing is requested by the person and conducted by the Driver License

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1 Division, the hearing shall be documented and shall cover the issues of:
2 (i) whether a peace officer had reasonable grounds to believe that a person was operating
3 a motor vehicle in violation of Section 41-6-44, 44-6-44.6, or 53-3-231; and
4 (ii) whether the person refused to submit to the test.
5 [(g)] (f) (i) In connection with the hearing, the division or its authorized agent:
6 (A) may administer oaths and may issue subpoenas for the attendance of witnesses and
7 the production of relevant books and papers; and
8 (B) shall issue subpoenas for the attendance of necessary peace officers.
9 (ii) The division shall pay witness fees and mileage from the Transportation Fund in
10 accordance with the rates established in Section 21-5-4.
11 [(h)] (g) If after a hearing, the Driver License Division determines that the person was
12 requested to submit to a chemical test or tests and refused to submit to the test or tests, or if the
13 person fails to appear before the Driver License Division as required in the notice, the Driver
14 License Division shall revoke his license or permit to operate a motor vehicle in Utah beginning
15 on the date the hearing is held for a period of:
16 (i) (A) one year unless Subsection (B) applies; or
17 (B) 18 months if the person has had a previous license sanction after July 1, 1993, under
18 this section, Section 53-3-223, 41-6-44.6, or 53-3-231 or a conviction after July 1, 1993, under
19 Section 41-6-44.
20 (ii) The Driver License Division shall also assess against the person, in addition to any fee
21 imposed under Subsection 53-3-205[(14)](12), a fee under Section 53-3-105, which shall be paid
22 before the person's driving privilege is reinstated, to cover administrative costs.
23 (iii) The fee shall be cancelled if the person obtains an unappealed court decision
24 following a proceeding allowed under this subsection that the revocation was improper.
25 [(i)] (h) (i) Any person whose license has been revoked by the Driver License Division
26 under this section may seek judicial review.
27 (ii) Judicial review of an informal adjudicative proceeding is a trial. Venue is in the district
28 court in the county in which the person resides.
29 (3) Any person who is dead, unconscious, or in any other condition rendering him
30 incapable of refusal to submit to any chemical test or tests is considered to not have withdrawn the
31 consent provided for in Subsection (1), and the test or tests may be administered whether the

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1 person has been arrested or not.
2 (4) Upon the request of the person who was tested, the results of the test or tests shall be
3 made available to him.
4 (5) (a) Only a physician, registered nurse, practical nurse, or person authorized under
5 Section 26-1-30, acting at the request of a peace officer, may withdraw blood to determine the
6 alcoholic or drug content. This limitation does not apply to taking a urine or breath specimen.
7 (b) Any physician, registered nurse, practical nurse, or person authorized under Section
8 26-1-30 who, at the direction of a peace officer, draws a sample of blood from any person whom
9 a peace officer has reason to believe is driving in violation of this chapter, or hospital or medical
10 facility at which the sample is drawn, is immune from any civil or criminal liability arising from
11 drawing the sample, if the test is administered according to standard medical practice.
12 (6) (a) The person to be tested may, at his own expense, have a physician of his own
13 choice administer a chemical test in addition to the test or tests administered at the direction of a
14 peace officer.
15 (b) The failure or inability to obtain the additional test does not affect admissibility of the
16 results of the test or tests taken at the direction of a peace officer, or preclude or delay the test or
17 tests to be taken at the direction of a peace officer.
18 (c) The additional test shall be subsequent to the test or tests administered at the direction
19 of a peace officer.
20 (7) For the purpose of determining whether to submit to a chemical test or tests, the person
21 to be tested does not have the right to consult an attorney or have an attorney, physician, or other
22 person present as a condition for the taking of any test.
23 (8) If a person under arrest refuses to submit to a chemical test or tests or any additional
24 test under this section, evidence of any refusal is admissible in any civil or criminal action or
25 proceeding arising out of acts alleged to have been committed while the person was operating or
26 in actual physical control of a motor vehicle while under the influence of alcohol, any drug,
27 combination of alcohol and any drug, or while having any measurable controlled substance or
28 metabolite of a controlled substance in the person's body.
29 Section 3. Section 41-12a-303.2 is amended to read:
30 41-12a-303.2. Evidence of owner's or operator's security to be carried when
31 operating motor vehicle -- Defense -- Penalties.

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1 (1) As used in this section:
2 (a) "Division" means the Motor Vehicle Division of the State Tax Commission.
3 (b) "Registration materials" means the evidences of motor vehicle registration, including
4 all registration cards, license plates, temporary permits, and nonresident temporary permits.
5 (2) (a) (i) Except as provided in Subsection (2)(a)(ii), a person operating a motor vehicle
6 shall:
7 (A) have in the person's immediate possession evidence of owner's or operator's security
8 for the motor vehicle the person is operating; and
9 (B) display it upon demand of a peace officer.
10 (ii) A person is exempt from the requirements of Subsection (2)(a)(i) if the person is
11 operating:
12 (A) a government-owned or leased motor vehicle; or
13 (B) an employer-owned or leased motor vehicle and is driving it with the employer's
14 permission.
15 (b) Evidence of owner's or operator's security includes any one of the following:
16 (i) a copy of the operator's valid:
17 (A) insurance policy;
18 (B) binder notice;
19 (C) renewal notice; or
20 (D) card issued by an insurance company as evidence of insurance;
21 (ii) a certificate of insurance issued under Section 41-12a-402;
22 (iii) a certified copy of a surety bond issued under Section 41-12a-405;
23 (iv) a certificate of the state treasurer issued under Section 41-12a-406;
24 (v) a certificate of self-funded coverage issued under Section 41-12a-407; or
25 (vi) information that the vehicle or driver is insured from the Uninsured Motorist
26 Identification Database Program created under Title 41, Chapter 12a, Part 8.
27 (3) It is an affirmative defense to a charge under this section that the person had owner's
28 or operator's security in effect for the vehicle the person was operating at the time of the person's
29 citation or arrest.
30 (4) (a) Evidence of owner's or operator's security as defined under Subsection (2)(b) or a
31 letter from an insurance agent or company verifying that the person had the required motor vehicle

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1 insurance coverage on the date specified is considered proof of owner's or operator's security for
2 purposes of Subsection (3) and Section 41-12a-804.
3 (b) The court considering a citation issued under this section shall allow the evidence or
4 letter under Subsection (4)(a) and a copy of the citation to be faxed or mailed to the clerk of the
5 court to satisfy Subsection (3).
6 (c) The notice under Section 41-12a-804 shall specify that the letter under Subsection
7 (4)(a) and a copy of the notice may be faxed or mailed to the designated agent to satisfy the proof
8 of owner's or operator's security required under Section 41-12a-804.
9 (5) A violation of this section is a class B misdemeanor.
10 (6) Upon receiving notification from a court of a conviction for a violation of this section,
11 the department:
12 (a) shall suspend the person's driver license; and
13 (b) may not renew the person's driver license or issue a driver license to the person until
14 the person gives the department proof of owner's or operator's security.
15 (i) This proof of driver's or operator's security shall be given by any of the ways required
16 under Section 41-12a-401.
17 (ii) This proof of owner's or operator's security shall be maintained with the department
18 for a three-year period.
19 (iii) An insurer that provides a certificate of insurance as provided under Section
20 41-12a-402 or 41-12a-403 may not terminate the insurance policy unless notice of termination is
21 filed with the department no later than ten days after termination as required under Section
22 41-12a-404.
23 [(iv) (A) A person may terminate the insurance policy and cancel the certificate of
24 insurance if the person surrenders the person's driver license to the department.]
25 [(B)] (iv) If a person who has cancelled the certificate of insurance applies for a license
26 within three years from the date proof of owner's or operator's security was originally required, the
27 department shall refuse the application unless the person reestablishes proof of owner's or
28 operator's security and maintains the proof for the remainder of the three-year period.
29 Section 4. Section 41-12a-411 is amended to read:
30 41-12a-411. Duration of proof of owner's or operator's security.
31 (1) Except as otherwise provided under this section, any person required to give proof of

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1 owner's or operator's security shall maintain that proof with the department for a period of three
2 years from the date the filing of proof was last requested. Subject to Subsection (2), the
3 department shall, upon request, consent to the immediate cancellation of any bond or certificate
4 of insurance or the department shall direct the state treasurer to return to the person entitled to it
5 any money or securities deposited pursuant to this chapter as proof of owner's or operator's
6 security, or the department shall waive the requirement of filing proof, in any of the following
7 cases:
8 (a) if the person on whose behalf the proof was filed dies or becomes permanently
9 incapacitated to operate a motor vehicle; or
10 (b) if the person who has given proof surrenders his [driver's license and] registration to
11 the department, except that if he applies for [a license or] registration within three years from the
12 date proof was originally required, the application shall be refused unless the applicant
13 reestablishes proof of owner's or operator's security and maintains the proof for the remainder of
14 the three-year period.
15 (2) The department may not consent to the cancellation of any bond or the return of any
16 money or securities if any action for damages upon a liability covered by that proof is then
17 pending, if any judgment upon any such liability is then unsatisfied, or if the person who filed the
18 bond or deposited the money or securities has, within one year immediately preceding the request,
19 been involved as an operator or owner in any motor vehicle accident resulting in injury or damage
20 to the person or property of others. An affidavit of the applicant as to the nonexistence of such
21 facts, or that he has been released from all of his liability, or has been finally adjudicated not to
22 be liable for the injury or damage, is sufficient evidence of it in the absence of contrary evidence
23 in the records of the department.
24 Section 5. Section 41-12a-604 is amended to read:
25 41-12a-604. Suspension of license.
26 (1) A person convicted of a class A or a class B misdemeanor under this chapter, in
27 addition to any other penalties which are imposed by law, shall have his operator's license
28 suspended by the department.
29 (2) Whenever any person is convicted of an offense for which this chapter mandates the
30 revocation or suspension of his license or the registration of his motor vehicle, and that person
31 does not produce proof of owner's or operator's security at the time of his appearance, the court in

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1 which the conviction takes place shall require the surrender to it of all pertinent [operator's license
2 certificates and] evidences of registration, including all registration cards, license plates,
3 nonresident temporary permits, and other similar materials then held by the person so convicted.
4 This court shall then forward [the operator's license certificates to the department and] the
5 registration materials to the Motor Vehicle Division of the State Tax Commission together, in each
6 instance, with a record of the conviction. If the person so convicted secures a judgment of
7 acquittal or reversal of this conviction in any appellate court, the department shall reinstate his
8 operator's license certificate and the Motor Vehicle Division shall reinstate the registration of his
9 motor vehicle immediately upon receipt of a certified copy of the judgment of acquittal or reversal.
10 (3) [If a person has surrendered the person's operator's license certificate to the department
11 under this section, the person may, unless otherwise prohibited by law, apply for reinstatement of
12 the person's driving privilege.] If the owner has surrendered the owner's registration materials to
13 the Motor Vehicle Division, the owner may, unless otherwise prohibited by law, apply for a new
14 registration, by providing proof of owner's security.
15 Section 6. Section 53-3-205 is amended to read:
16 53-3-205. Application for license or endorsement -- Fee required -- Tests --
17 Expiration dates of licenses and endorsements -- Information required -- Driving record
18 transferred from other states -- Reinstatement -- Fee required -- License agreement.
19 (1) An application for any original license, provisional license, or endorsement shall be:
20 (a) made upon a form furnished by the division; and
21 (b) accompanied by a nonrefundable fee set under Section 53-3-105.
22 (2) An application and fee for an original class D license entitle the applicant to:
23 (a) not more than three attempts to pass both the written and skills tests for a class D
24 license within six months of the date of the application;
25 (b) a learner permit if needed after the written test is passed; and
26 (c) an original class D license and license certificate after all tests are passed.
27 (3) An application and fee for an original class M license entitle the applicant to:
28 (a) not more than three attempts to pass both the written and skills tests for a class M
29 license within six months of the date of the application;
30 (b) a learner permit if needed after the written test is passed; and
31 (c) an original class M license and license certificate after all tests are passed.

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1 (4) An application and fee for a motorcycle or taxicab endorsement entitle the applicant
2 to:
3 (a) not more than three attempts to pass both the written and skills tests within six months
4 of the date of the application;
5 (b) a motorcycle learner permit if needed after the motorcycle written test is passed; and
6 (c) a motorcycle or taxicab endorsement when all tests are passed.
7 (5) An application and fees for a commercial class A, B, or C license entitle the applicant
8 to:
9 (a) not more than two attempts to pass a written test and not more than two attempts to
10 pass a skills test within six months of the date of the application;
11 (b) a commercial driver instruction permit if needed after the written test is passed; and
12 (c) an original commercial class A, B, or C license and license certificate when all
13 applicable tests are passed.
14 (6) An application and fee for a CDL endorsement entitle the applicant to:
15 (a) not more than two attempts to pass a written test and not more than two attempts to
16 pass a skills test within six months of the date of the application; and
17 (b) a CDL endorsement when all tests are passed.
18 (7) If a CDL applicant does not pass a written test, skills test, or an endorsement test
19 within the number of attempts provided in Subsection (5) or (6), each test may be taken two
20 additional times within the six months for the fee provided in Section 53-3-105.
21 [(8) An original license, an extension or a renewal, and any endorsement to the license
22 granted before October 1, 1991, expires on the birth date of the applicant in the fourth year
23 following the year the license certificate is issued.]
24 [(9)] (8) (a) An original license [granted after September 30, 1991,] expires on the birth
25 date of the applicant in the fifth year following the year the license certificate was issued.
26 (b) A renewal or an extension to a license [granted after September 30, 1991,] expires on
27 the birth date of the licensee in the fifth year following the expiration date of the license certificate
28 renewed or extended.
29 (c) A duplicate license expires on the same date as the last license certificate issued.
30 (d) An endorsement to a license expires on the same date as the license certificate
31 regardless of the date the endorsement was granted.

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1 (e) A license and any endorsement to the license held by a person ordered to active duty
2 and stationed outside Utah in any of the armed forces of the United States, which expires during
3 the time period the person is stationed outside of the state, is valid until 90 days after the person
4 has been discharged or has left the service, unless the license is suspended, disqualified, denied,
5 or has been cancelled or revoked by the division, or the licensee updates the information or
6 photograph on the license certificate.
7 [(10)] (9) (a) In addition to the information required by Title 63, Chapter 46b,
8 Administrative Procedures Act, for requests for agency action, each application shall:
9 (i) state the full legal name, birth date, sex, social security number, and residence address
10 of the applicant;
11 (ii) briefly describe the applicant;
12 (iii) state whether the applicant has previously been licensed to drive a motor vehicle and,
13 if so, when and by what state or country;
14 (iv) state whether the applicant has ever had any license suspended, cancelled, revoked,
15 disqualified, or denied in the last six years, or whether the applicant has ever had any license
16 application refused, and if so, the date of and reason for the suspension, cancellation, revocation,
17 disqualification, denial, or refusal;
18 (v) provide all other information the division requires; and
19 (vi) be signed and verified before a person authorized to administer oaths.
20 (b) An applicant's social security number shall be maintained on the computerized records
21 of the division.
22 [(11)] (10) The division shall require proof of every applicant's name, birthdate, and
23 birthplace by at least one of the following means:
24 (a) current license certificate;
25 (b) birth certificate;
26 (c) Selective Service registration; or
27 (d) other proof, including church records, family Bible notations, school records, or other
28 evidence considered acceptable by the division.
29 [(12) When an applicant receives a license in another class, all previous license certificates
30 shall be surrendered and canceled. However, a disqualified commercial license may not be
31 canceled unless it expires before the new license certificate is issued.]

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1 [(13)] (11) (a) When an application is received from a person previously licensed in
2 another state to drive a motor vehicle, the division shall request a copy of the driver's record from
3 the other state.
4 (b) When received, the driver's record becomes part of the driver's record in this state with
5 the same effect as though entered originally on the driver's record in this state.
6 [(14)] (12) An application for reinstatement of a license after the suspension, cancellation,
7 disqualification, denial, or revocation of a previous license shall be accompanied by the additional
8 fee or fees specified in Section 53-3-105.
9 [(15)] (13) A person who has an appointment with the division for testing and fails to keep
10 the appointment or to cancel at least 48 hours in advance of the appointment shall pay the fee
11 under Section 53-3-105.
12 [(16)] (14) A person who applies for an original license or renewal of a license agrees that
13 the person's license is subject to any suspension or revocation authorized under this title or Title
14 41, Motor Vehicles.
15 Section 7. Section 53-3-207 is amended to read:
16 53-3-207. License certificates issued to drivers by class of motor vehicle -- Contents
17 -- Anatomical gifts indication -- Temporary licenses -- Minors' licenses and permits.
18 (1) (a) The division shall issue to every person privileged to drive a motor vehicle, a
19 license certificate indicating the type or class of motor vehicle the licensee may drive.
20 (b) A person may not drive a class of motor vehicle unless licensed in that class.
21 (2) (a) Every license certificate shall bear:
22 (i) the distinguishing number assigned to the licensee by the division;
23 (ii) the name, birth date, and residence address of the licensee;
24 (iii) a brief description of the licensee for the purpose of identification;
25 (iv) any restrictions imposed on the license under Section 53-3-208;
26 (v) a photograph of the licensee; and
27 (vi) a photograph or other facsimile of the licensee's signature.
28 (b) After May 3, 1993, a new license certificate issued by the division may bear the social
29 security number of the licensee only at the request of the licensee.
30 (c) (i) The license certificate shall be of an impervious material, resistant to wear, damage,
31 and alteration.

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1 (ii) The size, form, and color of the license certificate shall be as prescribed by the
2 commissioner.
3 (iii) The commissioner may also prescribe the issuance of a special type of limited license
4 certificate under Subsection 53-3-220(4) and may authorize the issuance of a renewed or duplicate
5 license certificate without a picture if the applicant is not then living in the state.
6 (d) (i) If there is no additional cost to the division, the license certificate may be made in
7 a smart card format that may contain electronic media, including computer chips and bar coding
8 in order to facilitate the storage and retrieval of information useful to the licensee. Except for
9 information listed under Subsections (2)(a) and (2)(b), any information on a smart card used for
10 a license certificate under this section shall:
11 (A) be included or deleted only at the option of the licensee;
12 (B) be available for review by the licensee; and
13 (C) be stored and retrieved in a secure manner to allow access only by those connected
14 with the application or set of information being retrieved and to prevent access by unauthorized
15 individuals.
16 (ii) The division shall ensure that adequate controls are in place for the smart card in order
17 to:
18 (A) minimize errors, security breaches, or other failures in the information, its storage, and
19 its retrieval;
20 (B) provide for timely issuance, cancellation, and replacement of a smart card used for a
21 license certificate under this section; and
22 (C) protect the privacy of each licensee.
23 (iii) In accordance with Title 63, Chapter 56, Utah Procurement Code, the division may
24 enter into contracts to provide all or portions of the services related to a smart card under this
25 section.
26 (iv) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
27 division may make rules to implement this section.
28 (v) A person who stores or retrieves information on a smart card format license certificate
29 in violation of this Subsection (d) is guilty of a class B misdemeanor.
30 (3) (a) (i) When a license is granted or renewed, the division shall, upon request of the
31 licensee, provide a method of identification on the license certificate, which indicates the licensee's

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1 intent to make an anatomical gift under Title 26, Chapter 28, Uniform Anatomical Gift Act.
2 (ii) The statement shall be signed in the presence of at least one witness, who shall sign
3 the statement in the presence of the licensee.
4 (b) The division or any of its employees are not liable for any loss, detriment, or injury,
5 directly or indirectly, which results from false or inaccurate information regarding the anatomical
6 gift notification.
7 (4) (a) (i) The division upon determining after an examination that an applicant is mentally
8 and physically qualified to be granted a license may issue to an applicant a receipt for the fee.
9 (ii) The receipt serves as a temporary license certificate allowing him to drive a motor
10 vehicle while the division is completing its investigation to determine whether he is entitled to be
11 licensed.
12 (b) The receipt shall be in his immediate possession while driving a motor vehicle, and it
13 is invalid when the applicant's license certificate has been issued or when, for good cause, the
14 privilege has been refused.
15 (c) The division shall indicate on the receipt a date after which it is not valid as a license
16 certificate.
17 (5) The division shall distinguish learner permits, temporary permits, and license
18 certificates issued to any person younger than 21 years of age by use of the plainly printed word
19 "minor" or "under 21" or the use of a special color not used for other license certificates.
20 (6) The division shall issue temporary license certificates of the same nature, except as to
21 duration, as the license certificates that they temporarily replace, as are necessary to implement
22 applicable provisions of Section 53-3-223.
23 Section 8. Section 53-3-218 is amended to read:
24 53-3-218. Court to report convictions and may recommend suspension of license --
25 Severity of speeding violation defined -- Conviction defined.
26 [(1) (a) Except for convictions under Title 41, Chapter 12a, Financial Responsibility of
27 Motor Vehicle Owners and Operators Act, if a person is convicted of any offense for which this
28 chapter or Title 41, Motor Vehicles, requires the revocation, suspension, or disqualification of the
29 person's license, the court in which the conviction takes place shall require the surrender to it of
30 all license certificates held by the person convicted.]
31 [(b) The court shall forward them together with the record of conviction to the division

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1 within ten days.]
2 [(2)] (1) A court having jurisdiction over offenses committed under this chapter or any
3 other law of this state, or under any city ordinance regulating driving motor vehicles on highways,
4 shall forward to the division within ten days, an abstract of the court record of the conviction or
5 plea held in abeyance of any person in the court for a reportable traffic violation of any laws or
6 ordinances, and may recommend the suspension of the license of the person convicted.
7 [(3)] (2) The abstract shall be made upon a form approved and furnished by the division
8 and shall include:
9 (a) the name and address of the party charged;
10 (b) the number of his license certificate, if any;
11 (c) the registration number of the motor vehicle involved;
12 (d) whether the motor vehicle was a commercial motor vehicle;
13 (e) whether the motor vehicle carried hazardous materials;
14 (f) the nature of the offense;
15 (g) the date of the hearing;
16 (h) the plea;
17 (i) the judgment or whether bail was forfeited; and
18 (j) the severity of the violation, which shall be graded by the court as "minimum,"
19 "intermediate," or "maximum" as established in accordance with Subsection 53-3-221(4).
20 [(4)] (3) When a convicted person secures a judgment of acquittal or reversal in any
21 appellate court after conviction in the court of first impression, the division shall reinstate his
22 license and return his license certificate immediately upon receipt of a certified copy of the
23 judgment of acquittal or reversal.
24 [(5)] (4) In this section, "conviction" means conviction by the court of first impression.
25 Section 9. Section 53-3-221 is amended to read:
26 53-3-221. Offenses which may result in denial, suspension, disqualification, or
27 revocation of license without hearing -- Point system for traffic violations -- Additional
28 grounds for suspension -- Reporting of traffic violation procedures.
29 (1) By following the emergency procedures in Title 63, Chapter 46b, Administrative
30 Procedures Act, the division may immediately deny, suspend, disqualify, or revoke the license of
31 any person without hearing and without receiving a record of the person's conviction of crime

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1 when the division has been notified or has reason to believe the person:
2 (a) has committed any offenses for which mandatory suspension or revocation of a license
3 is required upon conviction under Section 53-3-220;
4 (b) has, by reckless or unlawful driving of a motor vehicle, caused or contributed to an
5 accident resulting in death or injury to any other person, or serious property damage;
6 (c) is incompetent to drive a motor vehicle or is afflicted with mental or physical
7 infirmities or disabilities rendering it unsafe for the person to drive a motor vehicle upon the
8 highways;
9 (d) has committed a serious violation of the motor vehicle laws of this state;
10 (e) has permitted an unlawful use of the license as defined in Section 53-3-229; or
11 (f) has been convicted of serious offenses against traffic laws governing the movement of
12 motor vehicles with a frequency that indicates a disrespect for traffic laws and a disregard for the
13 safety of other persons on the highways.
14 (2) (a) The division may suspend the license of a person under Subsection (1) when the
15 person has failed to comply with the terms stated on a traffic citation issued in this state, except
16 this subsection does not apply to highway weight limit violations or violations of law governing
17 the transportation of hazardous materials.
18 (b) This Subsection (2) applies to parking and standing violations only if a court has issued
19 a warrant for the arrest of a person for failure to post bail, appear, or otherwise satisfy the terms
20 of the citation.
21 (c) (i) This Subsection (2) may not be exercised unless notice of the pending suspension
22 of the driving privilege has been mailed at least ten days previously to the person at the address
23 provided to the division.
24 (ii) After clearance by the division, a report authorized by Section 53-3-104 may not
25 contain any evidence of a suspension that occurred as a result of failure to comply with the terms
26 stated on a traffic citation.
27 (3) (a) The division may suspend the license of a person under Subsection (1) when the
28 division has been notified by a court that the person has an outstanding unpaid fine, an outstanding
29 incomplete restitution requirement, or an outstanding warrant levied by order of a court.
30 (b) The suspension remains in effect until the division is notified by the court that the order
31 has been satisfied.

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1 (c) After clearance by the division, a report authorized by Section 53-3-104 may not
2 contain any evidence of the suspension.
3 (4) The division shall make rules establishing a point system as provided for in this
4 Subsection (4).
5 (a) (i) The division shall assign a number of points to each type of moving traffic violation
6 as a measure of its seriousness.
7 (ii) The points shall be based upon actual relationships between types of traffic violations
8 and motor vehicle traffic accidents.
9 (b) Every person convicted of a traffic violation shall have assessed against his driving
10 record the number of points that the division has assigned to the type of violation of which the
11 person has been convicted, except that the number of points assessed shall be decreased by 10%
12 if on the abstract of the court record of the conviction the court has graded the severity of violation
13 as minimum, and shall be increased by 10% if on the abstract the court has graded the severity of
14 violation as maximum.
15 (c) (i) A separate procedure for assessing points for speeding offenses shall be established
16 by the division based upon the severity of the offense.
17 (ii) The severity of a speeding violation shall be graded as:
18 (A) "minimum" for exceeding the posted speed limit by up to nine miles per hour;
19 (B) "intermediate" for exceeding the posted speed limit by from ten to 19 miles per hour;
20 and
21 (C) "maximum" for exceeding the posted speed limit by 20 or more miles per hour.
22 (iii) Consideration shall be made for assessment of no points on minimum speeding
23 violations, except for speeding violations in school zones.
24 (d) (i) Points assessed against a person's driving record shall be deleted for violations
25 occurring before a time limit set by the division.
26 (ii) The time limit may not exceed three years.
27 (iii) The division may also delete points to reward violation-free driving for periods of
28 time set by the division.
29 (e) (i) By publication in two newspapers having general circulation throughout the state,
30 the division shall give notice of the number of points it has assigned to each type of traffic
31 violation, the time limit set by the division for the deletion of points, and the point level at which

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1 the division will generally take action to deny or suspend under this section.
2 (ii) The division may not change any of the information provided above regarding points
3 without first giving new notice in the same manner.
4 (5) (a) (i) Upon denying or suspending the license of a person under this section, the
5 division shall immediately notify the licensee in writing and afford him an opportunity for a
6 hearing in the county where the licensee resides.
7 (ii) The hearing shall be documented, and the division or its authorized agent may
8 administer oaths, may issue subpoenas for the attendance of witnesses and the production of
9 relevant books and papers, and may require a reexamination of the licensee.
10 (iii) One or more members of the division may conduct the hearing, and any decision made
11 after a hearing before any number of the members of the division is as valid as if made after a
12 hearing before the full membership of the division.
13 (iv) After the hearing the division shall either rescind its order of denial or suspension,
14 extend the denial or suspension of the license, or revoke the license.
15 (b) The denial or suspension of the license remains in effect pending qualifications
16 determined by the division regarding a person:
17 (i) whose license has been denied or suspended following reexamination;
18 (ii) who is incompetent to drive a motor vehicle;
19 (iii) who is afflicted with mental or physical infirmities that might make him dangerous
20 on the highways; or
21 (iv) who may not have the necessary knowledge or skill to drive a motor vehicle safely.
22 (6) (a) The division may suspend or revoke the license of any resident of this state upon
23 receiving notice of the conviction of that person in another state of an offense committed there
24 that, if committed in this state, would be grounds for the suspension or revocation of a license.
25 (b) The division may, upon receiving a record of the conviction in this state of a
26 nonresident driver of a motor vehicle of any offense under the motor vehicle laws of this state,
27 forward a certified copy of the record to the motor vehicle administrator in the state where the
28 person convicted is a resident.
29 (7) (a) The division may suspend or revoke the license of any nonresident to drive a motor
30 vehicle in this state for any cause for which the license of a resident driver may be suspended or
31 revoked.

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1 (b) Any nonresident who drives a motor vehicle upon a highway when his license has been
2 suspended or revoked by the division is guilty of a class C misdemeanor.
3 (8) (a) The division may not deny or suspend the license of any person for a period of
4 more than one year except:
5 (i) for failure to comply with the terms of a traffic citation under Subsection (2);
6 (ii) upon receipt of a second or subsequent order suspending juvenile driving privileges
7 under Section 53-3-219;
8 (iii) when extending a denial or suspension upon receiving certain records or reports under
9 Subsection 53-3-220(2); and
10 (iv) for failure to give and maintain owner's or operator's security under Section
11 41-12a-412.
12 (b) The division may suspend the license of a person under Subsection (2) until he shows
13 satisfactory evidence of compliance with the terms of the traffic citation.
14 [(c) Upon denying, suspending, or revoking a license, the division shall require that all
15 license certificates held by the person be surrendered to the division.]
16 [(d) At the end of the period of denial or suspension, the certificate surrendered shall be
17 returned to the licensee.]
18 (9) (a) By following the emergency procedures in Title 63, Chapter 46b, Administrative
19 Procedures Act, the division may immediately suspend the license of any person without hearing
20 and without receiving a record of his conviction for a crime when the division has reason to
21 believe that the person's license was granted by the division through error or fraud or that the
22 necessary consent for the license has been withdrawn or is terminated.
23 (b) The procedure upon suspension is the same as under Subsection (5), except that after
24 the hearing the division shall either rescind its order of suspension or cancel the license.
25 (10) (a) The division, having good cause to believe that a licensed driver is incompetent
26 or otherwise not qualified to be licensed, may upon written notice of at least five days to the
27 licensee require him to submit to an examination.
28 (b) Upon the conclusion of the examination the division may suspend or revoke the
29 person's license, permit him to retain the license, or grant a license subject to a restriction imposed
30 in accordance with Section 53-3-208.
31 (c) Refusal or neglect of the licensee to submit to an examination is grounds for

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1 suspension or revocation of his license.
2 (11) A report authorized by Section 53-3-104 may not contain any evidence of a
3 conviction for speeding on an interstate system in this state if the conviction was for a speed of less
4 than 71 miles per hour and did not result in an accident, unless authorized in writing by the
5 individual whose report is being requested.
6 (12) (a) By following the emergency procedures in Title 63, Chapter 46b, Administrative
7 Procedures Act, the division may immediately suspend the license of a person if it has reason to
8 believe that the person is the owner of a motor vehicle for which security is required under Title
9 41, Chapter 12a, Motor Vehicle Financial Responsibility, and has driven the motor vehicle or
10 permitted it to be driven within this state without the security being in effect.
11 (b) Sections 41-12a-411 and 41-12a-412 regarding the surrender of license plates and
12 registration of motor vehicles and the requirement of proof of financial responsibility apply to
13 persons whose driving privileges are suspended under this Subsection (12).
14 (c) If the division exercises the right of immediate suspension granted under this
15 subsection, the notice and hearing provisions of Subsection (5) apply.
16 (d) A person whose license suspension has been sustained or whose license has been
17 revoked by the division under this subsection may file a request for agency action requesting a
18 hearing.
19 (13) Any suspension or revocation of a person's license under this section also disqualifies
20 any license issued to that person under Part 4 of this chapter.
21 Section 10. Section 53-3-223 is amended to read:
22 53-3-223. Chemical test for driving under the influence -- Temporary license --
23 Hearing and decision -- Suspension and fee -- Judicial review.
24 (1) (a) If a peace officer has reasonable grounds to believe that a person may be violating
25 or has violated Section 41-6-44, prohibiting the operation of a vehicle with a certain blood or
26 breath alcohol concentration and driving under the influence of any drug, alcohol, or combination
27 of a drug and alcohol or while having any measurable controlled substance or metabolite of a
28 controlled substance in the person's body in violation of Section 41-6-44.6, the peace officer may,
29 in connection with arresting the person, request that the person submit to a chemical test or tests
30 to be administered in compliance with the standards under Section 41-6-44.10.
31 (b) In this section, a reference to Section 41-6-44 includes any similar local ordinance

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1 adopted in compliance with Subsection 41-6-43(1).
2 (2) The peace officer shall advise a person prior to the person's submission to a chemical
3 test that a test result indicating a violation of Section 41-6-44 or 41-6-44.6 shall, and the existence
4 of a blood alcohol content sufficient to render the person incapable of safely driving a motor
5 vehicle may, result in suspension or revocation of the person's license to drive a motor vehicle.
6 (3) If the person submits to a chemical test and the test results indicate a blood or breath
7 alcohol content in violation of Section 41-6-44 or 41-6-44.6, or if the officer makes a
8 determination, based on reasonable grounds, that the person is otherwise in violation of Section
9 41-6-44, the officer directing administration of the test or making the determination shall serve on
10 the person, on behalf of the division, immediate notice of the division's intention to suspend the
11 person's privilege or license to drive a motor vehicle.
12 (4) (a) When the officer serves immediate notice on behalf of the division he shall:
13 [(i) take the Utah license certificate or permit, if any, of the driver;]
14 [(ii) issue a temporary license certificate effective for only 29 days; and]
15 [(iii)] (i) supply to the [driver] person, on a form to be approved by the division, basic
16 information regarding how to obtain a prompt hearing before the division[.]; and
17 [(b) A citation issued by the officer may, if approved as to form by the division, serve also
18 as the temporary license certificate.]
19 (ii) inform the person that the person's privilege or license to drive a motor vehicle shall
20 be suspended after 29 days if a hearing is not requested.
21 (5) The peace officer serving the notice shall send to the division within five days after the
22 date of arrest and service of the notice:
23 [(a) the person's license certificate;]
24 [(b)] (a) a copy of the citation issued for the offense;
25 [(c)] (b) a signed report on a form approved by the division indicating the chemical test
26 results, if any; and
27 [(d)] (c) any other basis for the officer's determination that the person has violated Section
28 41-6-44 or 41-6-44.6.
29 (6) (a) Upon written request, the division shall grant to the person an opportunity to be
30 heard within 29 days after the date of arrest. The request to be heard shall be made within ten days
31 of the date of the arrest.

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1 (b) A hearing, if held, shall be before the division in the county in which the arrest
2 occurred, unless the division and the person agree that the hearing may be held in some other
3 county.
4 (c) The hearing shall be documented and shall cover the issues of:
5 (i) whether a peace officer had reasonable grounds to believe the person was driving a
6 motor vehicle in violation of Section 41-6-44 or 41-6-44.6;
7 (ii) whether the person refused to submit to the test; and
8 (iii) the test results, if any.
9 (d) (i) In connection with a hearing the division or its authorized agent:
10 (A) may administer oaths and may issue subpoenas for the attendance of witnesses and
11 the production of relevant books and papers; or
12 (B) may issue subpoenas for the attendance of necessary peace officers.
13 (ii) The division shall pay witness fees and mileage from the Transportation Fund in
14 accordance with the rates established in Section 21-5-4.
15 (e) One or more members of the division may conduct the hearing.
16 (f) Any decision made after a hearing before any number of the members of the division
17 is as valid as if made after a hearing before the full membership of the division.
18 (g) After the hearing, the division shall order whether the person's license to drive a motor
19 vehicle is suspended or not.
20 (h) If the person for whom the hearing is held fails to appear before the division as
21 required in the notice, the division shall order whether the person's license to drive a motor vehicle
22 is suspended or not.
23 (7) (a) A first suspension, whether ordered or not challenged under this subsection, is for
24 a period of 90 days, beginning on the 30th day after the date of the arrest.
25 (b) A second or subsequent suspension under this subsection is for a period of one year,
26 beginning on the 30th day after the date of arrest.
27 (8) (a) The division shall assess against a person, in addition to any fee imposed under
28 Subsection 53-3-205[(14)](12) for driving under the influence, a fee under Section 53-3-105 to
29 cover administrative costs, which shall be paid before the person's driving privilege is reinstated.
30 This fee shall be cancelled if the person obtains an unappealed division hearing or court decision
31 that the suspension was not proper.

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1 (b) A person whose license has been suspended by the division under this subsection may
2 file a petition within 30 days after the suspension for a hearing on the matter which, if held, is
3 governed by Section 53-3-224.
4 Section 11. Section 53-3-226 is amended to read:
5 53-3-226. Grounds for confiscation of licenses, plates, and other articles issued by
6 state -- Additional fee for reinstatement.
7 (1) (a) The division, any peace officer acting in his official capacity, or a person authorized
8 under Subsection (2) may take possession of any certificate of title, registration card, decal, permit,
9 [license certificate,] registration plate, or any other article issued by the state:
10 (i) upon expiration, denial, suspension, disqualification, revocation, [alteration,] or
11 cancellation of it;
12 (ii) that is fictitious or altered;
13 (iii) that has been unlawfully or erroneously issued; or
14 (iv) that is unlawfully or erroneously displayed.
15 (b) The provisions of Subsections (1)(a)(ii) and (iii) apply to a license certificate.
16 [(b)] (c) A receipt shall be issued that describes each confiscated item.
17 (2) The division may enter into contractual agreements with constables or other law
18 enforcement agencies to facilitate the confiscation of items listed in Subsection (1) if a person fails
19 or refuses to surrender any of those documents to the division upon demand.
20 (3) The division shall assess against a person making an application referred to in
21 Subsection 53-3-205[(14)](12), in addition to any fee imposed under Subsection
22 53-3-205[(14)](12), a fee under Section 53-3-105, which shall be paid before the person's driving
23 privilege is reinstated, to cover the costs required to serve orders related to the purposes of
24 Subsection (2).
25 Section 12. Section 53-3-229 is amended to read:
26 53-3-229. Prohibited uses of license certificate -- Penalty.
27 It is a class C misdemeanor for a person to:
28 (1) display, cause or permit to be displayed, or to have in possession any license certificate
29 knowing it is fictitious [or has been canceled, denied, revoked, suspended, disqualified,] or altered;
30 (2) lend or knowingly permit the use of a license certificate issued to him, by a person not
31 entitled to it;

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1 (3) display or to represent as his own a license certificate not issued to him;
2 [(4) fail or refuse to surrender to the division upon demand any license certificate that has
3 been denied, suspended, disqualified, canceled, or revoked;]
4 [(5)] (4) use a false name or give a false address in any application for a license or any
5 renewal or duplicate of the license certificate, or to knowingly make a false statement, or to
6 knowingly conceal a material fact or otherwise commit a fraud in the application; or
7 [(6)] (5) permit any other prohibited use of a license certificate issued to him.
8 Section 13. Section 53-3-231 is amended to read:
9 53-3-231. Person under 21 may not operate vehicle with detectable alcohol in body
10 -- Chemical test procedures -- Temporary license -- Hearing and decision -- Suspension of
11 license or operating privilege -- Fees -- Judicial review.
12 (1) (a) As used in this section "local substance abuse authority" has the same meaning as
13 provided in Section 62A-8-101.
14 (b) Calculations of blood, breath, or urine alcohol concentration under this section shall
15 be made in accordance with the procedures in Subsection 41-6-44(2).
16 (2) (a) A person younger than 21 years of age may not operate or be in actual physical
17 control of a vehicle with any measurable blood, breath, or urine alcohol concentration in his body
18 as shown by a chemical test.
19 (b) (i) A person with a valid operator license who violates Subsection (a), in addition to
20 any other applicable penalties arising out of the incident, shall have his operator license denied or
21 suspended as provided in Subsection (b)(ii).
22 (ii) (A) For a first offense under Subsection (a), the Driver License Division of the
23 Department of Public Safety shall deny the person's operator license if ordered or not challenged
24 under this section for a period of 90 days beginning on the 30th day after the date of the arrest
25 under Section 32A-12-209.
26 (B) For a second or subsequent offense under Subsection (a), within three years of a prior
27 denial or suspension, the Driver License Division shall suspend the person's operator license for
28 a period of one year beginning on the 30th day after the date of arrest.
29 (c) (i) A person who has not been issued an operator license who violates Subsection (a),
30 in addition to any other penalties arising out of the incident, shall be punished as provided in
31 Subsection (ii).

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1 (ii) For one year or until he is 17, whichever is longer, a person may not operate a vehicle
2 and the Driver License Division may not issue the person an operator license or learner's permit.
3 (3) (a) When a peace officer has reasonable grounds to believe that a person may be
4 violating or has violated Subsection (2), the peace officer may, in connection with arresting the
5 person for a violation of Section 32A-12-209, request that the person submit to a chemical test or
6 tests to be administered in compliance with the standards under Section 41-6-44.10.
7 (b) The peace officer shall advise a person prior to the person's submission to a chemical
8 test that a test result indicating a violation of Subsection (2)(a) will result in denial or suspension
9 of the person's license to operate a motor vehicle or a refusal to issue a license.
10 (c) If the person submits to a chemical test and the test results indicate a blood, breath, or
11 urine alcohol content in violation of Subsection (2)(a), or if the officer makes a determination,
12 based on reasonable grounds, that the person is otherwise in violation of Subsection (2)(a), the
13 officer directing administration of the test or making the determination shall serve on the person,
14 on behalf of the Driver License Division, immediate notice of the Driver License Division's
15 intention to deny or suspend the person's license to operate a vehicle or refusal to issue a license
16 under Subsection (2).
17 (4) When the officer serves immediate notice on behalf of the Driver License Division,
18 he shall:
19 [(a) take the Utah license certificate or permit, if any, of the operator;]
20 [(b) issue a temporary license certificate effective for only 29 days if the driver had a valid
21 operator's license; and]
22 [(c)] (a) supply to the [operator] person, on a form to be approved by the Driver License
23 Division, basic information regarding how to obtain a prompt hearing before the Driver License
24 Division[.]; and
25 (b) inform the person that the person's privilege or license to operate a motor vehicle shall
26 be denied or suspended after 29 days if a hearing is not requested.
27 [(5) A citation issued by the officer may, if approved as to form by the Driver License
28 Division, serve also as the temporary license certificate under Subsection (4)(b).]
29 [(6)] (5) The peace officer serving the notice shall send to the Driver License Division
30 within five days after the date of arrest and service of the notice:
31 [(a) the person's driver license certificate, if any;]

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1 [(b)] (a) a copy of the citation issued for the offense;
2 [(c)] (b) a signed report on a form approved by the Driver License Division indicating the
3 chemical test results, if any; and
4 [(d)] (c) any other basis for the officer's determination that the person has violated
5 Subsection (2).
6 (7) (a) (i) Upon written request, the Driver License Division shall grant to the person an
7 opportunity to be heard within 29 days after the date of arrest under Section 32A-12-209.
8 (ii) The request shall be made within ten days of the date of the arrest.
9 (b) A hearing, if held, shall be before the Driver License Division in the county in which
10 the arrest occurred, unless the Driver License Division and the person agree that the hearing may
11 be held in some other county.
12 (c) The hearing shall be documented and shall cover the issues of:
13 (i) whether a peace officer had reasonable grounds to believe the person was operating a
14 motor vehicle in violation of Subsection (2)(a);
15 (ii) whether the person refused to submit to the test; and
16 (iii) the test results, if any.
17 (d) In connection with a hearing the Driver License Division or its authorized agent may
18 administer oaths and may issue subpoenas for the attendance of witnesses and the production of
19 relevant books and papers.
20 (e) One or more members of the Driver License Division may conduct the hearing.
21 (f) Any decision made after a hearing before any number of the members of the Driver
22 License Division is as valid as if made after a hearing before the full membership of the Driver
23 License Division.
24 (g) After the hearing, the Driver License Division shall order whether the person:
25 (i) with a valid license to operate a motor vehicle will have his license denied or not or
26 suspended or not; or
27 (ii) without a valid operator license will be refused a license under Subsection (2)(c).
28 (h) If the person for whom the hearing is held fails to appear before the Driver License
29 Division as required in the notice, the division shall order whether the person shall have his license
30 denied, suspended, or not denied or suspended, or whether an operator license will be refused or
31 not refused.

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1 (8) (a) Following denial or suspension the Driver License Division shall assess against a
2 person, in addition to any fee imposed under Subsection 53-3-205[(14)](12), a fee under Section
3 53-3-105, which shall be paid before the person's driving privilege is reinstated, to cover
4 administrative costs. This fee shall be canceled if the person obtains an unappealed Driver License
5 Division hearing or court decision that the suspension was not proper.
6 (b) A person whose operator license has been denied, suspended, or postponed by the
7 Driver License Division under this section may file a petition within 30 days after the suspension
8 for a hearing on the matter which, if held, is governed by Section 53-3-224.
9 (9) After reinstatement of an operator license for a first offense under this section, a report
10 authorized under Section 53-3-104 may not contain evidence of the denial or suspension of the
11 person's operator license under this section if he has not been convicted of any other offense for
12 which the denial or suspension may be extended.
13 (10) The provisions of Sections 41-12a-411 and 41-12a-412 do not apply to a denial or
14 suspension imposed for a first offense under this section if the denial or suspension is based solely
15 on a violation of Subsection (2)(a).
16 (11) (a) In addition to the penalties in Subsection (2), a person who violates Subsection
17 (2)(a) shall be referred by the Driver License Division to the local substance abuse authority for
18 an assessment and recommendation for appropriate action.
19 (b) (i) Reinstatement of the person's operator license or the right to obtain an operator
20 license is contingent upon successful completion of the action recommended by the local substance
21 abuse authority.
22 (ii) The local substance abuse authority's recommended action shall be determined by an
23 assessment of the person's alcohol abuse and may include:
24 (A) a targeted education and prevention program;
25 (B) an early intervention program; or
26 (C) a substance abuse treatment program.
27 (iii) Successful completion of the recommended action shall be determined by standards
28 established by the Division of Substance Abuse.
29 (c) At the conclusion of the penalty period imposed under Subsection (2), the local
30 substance abuse authority shall notify the Driver License Division of the person's status regarding
31 completion of the recommended action.

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1 (d) The local substance abuse authorities shall cooperate with the Driver License Division
2 in:
3 (i) conducting the assessments;
4 (ii) making appropriate recommendations for action; and
5 (iii) notifying the Driver License Division about the person's status regarding completion
6 of the recommended action.
7 (e) (i) The local substance abuse authority is responsible for:
8 (A) the cost of the assessment of the person's alcohol abuse; and
9 (B) for making a referral to an appropriate program on the basis of the findings of the
10 assessment.
11 (ii) (A) The person who violated Subsection (2)(a) is responsible for all costs and fees
12 associated with the recommended program to which the person is referred.
13 (B) The costs and fees under Subsection (A) shall be based on a sliding scale consistent
14 with the local substance abuse authority's policies and practices regarding fees for services.
15 Section 14. Section 53-3-408 is amended to read:
16 53-3-408. Qualifications for commercial driver instruction permit.
17 (1) A CDIP may be issued to a person who:
18 (a) holds a valid license;
19 (b) has at least one year of driving experience; and
20 (c) has passed the vision and written test for the class of license for which he is applying.
21 (2) A CDIP may be:
22 (a) issued only for a period not to exceed six months; and
23 (b) renewed or issued again only once within a two-year period.
24 (3) The holder of a CDIP may drive a commercial motor vehicle on a highway only when
25 accompanied by a person who:
26 (a) holds a CDL valid for the type of commercial motor vehicle driven; and
27 (b) occupies a seat beside the individual for the purpose of giving the driver instruction
28 regarding the driving of the commercial motor vehicle.
29 (4) A CDL or CDIP may not be issued to a person:
30 (a) subject to disqualification from driving a commercial motor vehicle; or
31 (b) whose license is suspended, revoked, or canceled in any state.

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1 [(5) A CDL or CDIP may not be issued to a person until the person has surrendered all
2 license certificates he holds to the division for cancellation.]
3 Section 15. Section 53-3-418 is amended to read:
4 53-3-418. Prohibited alcohol level for drivers -- Procedures, including hearing.
5 (1) A person who holds or is required to hold a CDL may not drive a commercial motor
6 vehicle in this state if the person:
7 (a) has a blood, breath, or urine alcohol concentration of .04 grams or greater as shown by
8 a chemical test given within two hours after the alleged driving of the commercial motor vehicle;
9 or
10 (b) is under the influence of alcohol, any drug, or the combined influence of alcohol and
11 any drug to any degree that renders the person incapable of safely driving a commercial motor
12 vehicle.
13 (2) A person who holds or is required to hold a CDL and who drives a commercial motor
14 vehicle in this state is considered to have given his consent to a test or tests of his blood, breath,
15 or urine to determine the concentration of alcohol or the presence of other drugs in his physical
16 system.
17 (3) If a peace officer or port-of-entry agent has reasonable cause to believe that a person
18 may be violating this section, the peace officer or port-of-entry agent may request the person to
19 submit to a chemical test to be administered in compliance with Section 41-6-44.3.
20 (4) When a peace officer or port-of-entry agent requests a person to submit to a test under
21 this section, he shall advise the person that test results indicating .04 grams or greater alcohol
22 concentration or refusal to submit to any test requested will result in the person's disqualification
23 under Section 53-3-414 from driving a commercial motor vehicle.
24 (5) If test results under this section indicate .04 grams or greater of alcohol concentration
25 or the person refuses to submit to any test requested under this section, the peace officer or
26 port-of-entry agent shall on behalf of the division serve the person with immediate notice of the
27 division's intention to disqualify the person's privilege to drive a commercial motor vehicle.
28 (6) When the peace officer or port-of-entry agent serves notice under Subsection (5) he
29 shall:
30 [(a) take any Utah license certificate or permit held by the driver;]
31 [(b) issue to the driver a temporary license certificate effective for 29 days;]

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1 [(c)] (a) provide the [driver] person, on a form approved by the division, basic information
2 regarding how to obtain a prompt hearing before the division; [and]
3 (b) inform the person that the person's privilege or license to drive a commercial motor
4 vehicle shall be disqualified after 29 days if a hearing is not requested; and
5 [(d)] (c) issue a 24-hour out-of-service order.
6 (7) A notice of disqualification issued under Subsection (6) may serve also as the
7 temporary license certificate under that subsection, if the form is approved by the division.
8 (8) The peace officer or port-of-entry agent serving the notice of disqualification shall,
9 within five days after the date of service, send to the division [the person's license certificate,] a
10 copy of the served notice, and a report signed by the peace officer or port-of-entry agent that
11 indicates the results of any chemical test administered or that the person refused a test.
12 (9) (a) The person has the right to a hearing regarding the disqualification.
13 (b) The request for the hearing shall be submitted to the division in writing and shall be
14 made within ten days of the date the notice was issued. If requested, the hearing shall be
15 conducted within 29 days after the notice was issued.
16 (10) (a) A hearing held under this section shall be held before the division and in the
17 county where the notice was issued, unless the division agrees to hold the hearing in another
18 county.
19 (b) The hearing shall be documented and shall determine:
20 (i) whether the peace officer or port-of-entry agent had reasonable grounds to believe the
21 person had been driving a motor vehicle in violation of this section;
22 (ii) whether the person refused to submit to any requested test; and
23 (iii) any test results obtained.
24 (c) In connection with a hearing the division or its authorized agent may administer oaths
25 and may issue subpoenas for the attendance of witnesses and the production of relevant books and
26 documents.
27 (d) One or more members of the division may conduct the hearing.
28 (e) A decision made after a hearing before any number of members of the division is as
29 valid as if the hearing were held before the full membership of the division.
30 (f) After a hearing under this section the division shall indicate by order if the person's
31 CDL is disqualified.

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1 (g) If the person for whom the hearing is held fails to appear before the division as
2 required in the notice, the division shall indicate by order if the person's CDL is disqualified.
3 (11) If the division disqualifies a person under this section, the person may petition for a
4 hearing under Section 53-3-224. The petition shall be filed within 30 days after the division issues
5 the disqualification.
6 (12) (a) A person who violates this section shall be punished in accordance with Section
7 53-3-414.
8 (b) In accordance with Section 53-3-414, the first disqualification under this section shall
9 be for one year, and a second disqualification shall be for life.
10 (13) (a) In addition to the fees imposed under Section 53-3-205 for reinstatement of a
11 CDL, a fee under Section 53-3-105 to cover administrative costs shall be paid before the driving
12 privilege is reinstated.
13 (b) The fees under Sections 53-3-105 and 53-3-205 shall be canceled if an unappealed
14 hearing at the division or court level determines the disqualification was not proper.
15 Section 16. Effective date.
16 This act takes effect on July 1, 1997.

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