S.B. 23 Enrolled

DRIVER LICENSE AMENDMENTS
1997 GENERAL SESSION
STATE OF UTAH
Sponsor: David H. Steele
AN ACT RELATING TO MOTOR VEHICLES; REPEALING CERTAIN PROVISIONS
REQUIRING PROOF OF INSURANCE AFTER A CONVICTION FOR CERTAIN
OFFENSES; ALLOWING CERTAIN INFORMATION TO BE CONSIDERED
EVIDENCE OF INSURANCE AFTER AN ACCIDENT; AMENDING THE LIMIT
UNDER WHICH POST ACCIDENT SECURITY IS REQUIRED; REPEALING THE
REQUIREMENT THAT A COURT CONFISCATE A DRIVER LICENSE FOR
CERTAIN OFFENSES; SPECIFYING CERTAIN CRIMINAL PENALTIES;
ESTABLISHING A MAXIMUM PERIOD FOR WHICH THE DRIVER LICENSE
DIVISION SHALL EXTEND DRIVER LICENSE SANCTIONS AND SHALL IMPOSE
OTHER COURT-ORDERED SANCTIONS; AMENDING SPEED SEVERITY
PROVISIONS; REPEALING CERTAIN PERJURY PROVISIONS; AND MAKING
TECHNICAL CHANGES.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
41-6-35.5, as last amended by Chapters 202 and 234, Laws of Utah 1993
41-12a-501, as last amended by Chapter 28, Laws of Utah 1992
41-12a-604, as last amended by Chapter 200, Laws of Utah 1996
53-1-116, as enacted by Chapter 234, Laws of Utah 1993
53-3-202, as last amended by Chapters 47 and 208, Laws of Utah 1996
53-3-203, as renumbered and amended by Chapter 234, Laws of Utah 1993
53-3-207, as renumbered and amended by Chapters 24 and 234, Laws of Utah 1993
53-3-217, as renumbered and amended by Chapter 234, Laws of Utah 1993
53-3-219, as last amended by Chapters 1 and 188, Laws of Utah 1996
53-3-220, as last amended by Chapters 55, 180 and 263, Laws of Utah 1994
53-3-221, as renumbered and amended by Chapter 234, Laws of Utah 1993

53-3-231, as renumbered and amended by Chapter 71, Laws of Utah 1996
REPEALS:
41-12a-412, as last amended by Chapter 139, Laws of Utah 1993
53-3-228, as renumbered and amended by Chapter 234, Laws of Utah 1993
53-3-230, as renumbered and amended by Chapter 234, Laws of Utah 1993
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 41-6-35.5 is amended to read:
41-6-35.5. Vehicle accidents -- Investigation and report of operator security -- Agency
action if no security -- Surrender of plates -- Penalties.
(1) Upon request of a peace officer investigating an accident involving a motor vehicle, the
operator of the vehicle shall provide evidence of the owner's or operator's security required under
Section 41-12a-301.
(2) The peace officer shall record on a form approved by the department:
(a) the information provided by the operator;
(b) whether the operator provided insufficient or no information; [and]
(c) if [he] the officer finds reasonable cause to believe that any information given is not
correct[.]; and
(d) whether other information available to the peace officer indicates that owner's or
operator's security is in effect.
(3) The peace officer shall deposit all completed forms with his agency, which shall forward
the forms to the department no later than ten days after receipt.
(4) The department shall within ten days of receipt of the forms from the agency take action
as follows:
(a) If the operator provided no information under Subsection (1) and other information
available to the peace officer does not indicate that owner's or operator's security is in effect, the
department shall take direct action under Subsection 53-3-221 (12).
(b) (i) If the peace officer noted or the department determines that there is reasonable cause
to believe that the information given under Subsection (1) is not correct, the department shall

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contact directly the insurance company or other provider of security as described in Subsection (7)
and request verification of the accuracy of the information submitted as of the date of the traffic
offense for which the citation was issued.
(ii) The department may require the verification under Subsection (i) to be in writing.
(iii) The insurance company or other provider of security shall return the verification to the
department within 30 days of receipt of the request.
[(c)] (iv) If the department does not receive verification within 35 days after mailing the
request, or within the 35 days receives notice that the information was not correct, the department
shall take action under Subsection 53-3-221 (12).
(5) (a) The owner of a vehicle with unexpired license plates for which security is not
provided as required under this chapter, shall return the plates for the vehicle to the Motor Vehicle
Division unless specifically permitted by statute to retain them.
(b) If the owner fails to return the plates as required, they shall be confiscated under Section
53-3-226.
(6) The department may make rules for the enforcement of this section.
(7) In this section, "evidence of owner's or operator's security" includes any one of the
following:
(a) a copy of the operator's valid:
(i) insurance policy;
(ii) binder notice;
(iii) renewal notice; or
(iv) card issued by an insurance company as evidence of insurance;
(b) a certificate of insurance issued under Section 41-12a-402;
(c) a certified copy of a surety bond issued under Section 41-12a-405;
(d) a certificate of the state treasurer issued under Section 41-12a-406; [or]
(e) a certificate of self-funded coverage issued under Section 41-12a-407[.]; or
(f) information that the vehicle or driver is insured from the Uninsured Motorist
Identification Database Program created under Title 41, Chapter 12a, Part 8.

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(8) A person is guilty of a class B misdemeanor, and shall be fined not less than $100, who:
(a) when requested to provide security information under Subsection (1), or Section
41-12a-303.2, provides false information;
(b) falsely represents to the department that security required under this chapter is in effect;
or
(c) sells a vehicle to avoid the penalties of this section as applicable either to himself or a
third party.
Section 2. Section 41-12a-501 is amended to read:
41-12a-501. Post-accident security.
(1) (a) Unless excepted under Subsection (2), the operator of a motor vehicle involved in
an accident in the state and any owner who has not previously satisfied the requirement of security
under Section 41-12a-301 shall file post-accident security with the department for the benefit of
persons obtaining judgments against the operator on account of bodily injury, death, or property
damage caused by the accident.
(b) The security shall be in an amount determined by the department to be sufficient to
satisfy judgments arising from bodily injury, death, or property damage resulting from the accident
that may be recovered against the operator, but may not exceed the minimum single limit under
Subsection 31A-22-304 (2).
(c) The department shall determine the amount of post-accident security on the basis of
reports and other evidence submitted to the department by interested parties, including officials
investigating the accident.
(d) In setting the amount of post-accident security, the department may not take into account
alleged damages resulting from pain and suffering.
(e) Persons who fail to file required post-accident security are subject to the penalties under
Subsection (3).
(2) The operator is exempted from the post-accident requirement under Subsection (1) if
any of the following conditions are satisfied:
(a) No bodily injury, death, or damage to the property of one person in excess of [$750] the

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damage limit specified under Section 41-6-31 resulted from the accident.
(b) No injury, death, or property damage was suffered by any person other than the owner
or operator.
(c) The owner of the motor vehicle was in compliance with the owner's security requirement
under Section 41-12a-301 at the time of the accident and the operator had permission from the
owner to operate the motor vehicle.
(d) The operator was in compliance with the operator's security requirement under Section
41-12a-301 at the time of the accident.
(e) The operator has filed satisfactory evidence with the department that the operator has
been released from liability, has been finally adjudicated not to be liable, or has executed a duly
acknowledged written agreement providing for the payment of an agreed amount in installments
with respect to all claims for injuries or damages resulting from the accident and is not in default
on that agreement.
(f) The motor vehicle involved in the accident was operated by a nonresident who had an
insurance policy or bond covering the accident, but not fully complying with the policy provision
requirements under Section 31A-22-302, if the policy or bond is sufficient to provide full recovery
for claimants and the policy or bond is issued by an insurer licensed in the state.
(g) The operator at the time of the accident was operating a motor vehicle owned or leased
by the operator's employer and driven with the employer's permission.
(h) Evidence as to the extent of injuries or property damage caused by the accident has not
been submitted by or on behalf of any person affected by the accident within six months following
the date of the accident.
(i) The motor vehicle was legally parked at the time of the accident.
(j) The motor vehicle was an emergency vehicle acting in the line of duty at the time of the
accident.
(k) The motor vehicle involved in the accident is owned by the United States, this state, or
any political subdivision of this state, if the operator was using the vehicle with the permission of
the owner.

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(l) The motor vehicle was legally stopped at a stop sign, traffic signal, or at the direction
of a police officer at the time of the accident.
(3) (a) If an operator who is required to file post-accident security under Subsection (1) does
not do so within ten days after receiving notice of the requirement of security, the department shall
suspend the driver's license of the operator and all registrations of the owner, if he is a resident of
the state.
(b) If the operator is not a resident of Utah, the department shall suspend the privilege of
operating a motor vehicle within the state and of using, in the state, any owned motor vehicle.
(c) Notice of these suspensions shall be sent to the owner or operator no less than 15 days
prior to the effective date of the suspension.
Section 3. Section 41-12a-604 is amended to read:
41-12a-604. Suspension of license.
(1) A person convicted of a class A or a class B misdemeanor under this chapter, in addition
to any other penalties which are imposed by law, shall have his operator's license suspended by the
department.
(2) Whenever any person is convicted of an offense for which this chapter mandates the
[revocation or] suspension of his license or the registration of his motor vehicle, and that person
does not produce proof of owner's or operator's security at the time of his appearance, the court in
which the conviction takes place shall require the surrender to it of all pertinent [operator's license
certificates and] evidences of registration, including all registration cards, license plates, nonresident
temporary permits, and other similar materials then held by the person so convicted. This court
shall then forward [the operator's license certificates to the department and] the registration materials
to the Motor Vehicle Division of the State Tax Commission together, in each instance, with a record
of the conviction. If the person so convicted secures a judgment of acquittal or reversal of this
conviction in any appellate court, the department shall reinstate his operator's license certificate and
the Motor Vehicle Division shall reinstate the registration of his motor vehicle immediately upon
receipt of a certified copy of the judgment of acquittal or reversal.
(3) If a person has surrendered the person's operator's license certificate to the department

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under this section, the person may, unless otherwise prohibited by law, apply for reinstatement of
the person's driving privilege. If the owner has surrendered the owner's registration materials to the
Motor Vehicle Division, the owner may, unless otherwise prohibited by law, apply for a new
registration, by providing proof of owner's security.
Section 4. Section 53-1-116 is amended to read:
53-1-116. Violations.
A violation of this title, except for a violation under Chapter 3, Part 2, Driver Licensing Act,
is a class C misdemeanor, unless otherwise provided.
Section 5. Section 53-3-202 is amended to read:
53-3-202. Drivers must be licensed -- Taxicab endorsement.
(1) A person may not drive a motor vehicle on a highway in this state unless the person is:
(a) granted the privilege to operate a motor vehicle by being licensed as a driver by the
division under this chapter;
(b) driving an official United States Government class D motor vehicle with a valid United
States Government driver permit or license for that type of vehicle;
(c) driving a road roller, road machinery, or any farm tractor or implement of husbandry
temporarily drawn, moved, or propelled on the highways;
(d) a nonresident who is at least 16 years of age and younger than 18 years of age who has
in his immediate possession a valid license certificate issued to him in his home state or country and
is driving as a class D or M driver;
(e) a nonresident who is at least 18 years of age and who has in his immediate possession
a valid license certificate issued to him in his home state or country if driving in the class or classes
identified on the home state license certificate, except those persons referred to in Part 6 of this
chapter;
(f) driving under a temporary learner permit, instruction permit, or practice permit in
accordance with Section 53-3-210 or 53A-13-208;
(g) driving with a temporary license certificate issued in accordance with Section 53-3-207;
or

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(h) exempt under Title 41, Chapter 22, Off-highway Vehicles.
(2) A person may not drive or, while within the passenger compartment of a motor vehicle,
exercise any degree or form of physical control of a motor vehicle being towed by a motor vehicle
upon a highway unless the person:
(a) holds a valid license issued under this chapter for the type or class of motor vehicle being
towed; or
(b) is exempted under either Subsection (1)(b) or (1)(c).
(3) A person may not drive a motor vehicle as a taxicab on a highway of this state unless
the person has a taxicab endorsement issued by the division on his license certificate.
(4) (a) A person may not operate an electric assisted bicycle as defined under Section 41-6-1
unless the person has a valid class M or class D license issued under this chapter.
(b) Subsection (4)(a) is an exception to the provisions of Section 53-3-104.
(5) A person who violates this section is guilty of a class C misdemeanor.
Section 6. Section 53-3-203 is amended to read:
53-3-203. Authorizing or permitting driving in violation of chapter -- Renting of
motor vehicles -- License requirements -- Employees must be licensed to drive motor vehicles.
(1) A person may not authorize or knowingly permit a motor vehicle owned by him or under
his control to be driven by a person in violation of this chapter.
(2) (a) A person may not rent a motor vehicle to another person unless the person who will
be the driver is licensed in this state, or in the case of a nonresident, licensed under the laws of the
state or country of his residence.
(b) A person may not rent a motor vehicle to another person until he has inspected the
license certificate of the person who will be the driver and verified the signature on the license
certificate by comparison with the signature of the person who will be the driver written in his
presence.
(c) A person renting a motor vehicle to another shall keep a record of the:
(i) registration number of the rented motor vehicle;
(ii) name and address of the person to whom the motor vehicle is rented;

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(iii) number of the license certificate of the renter; and
(iv) date and place the license certificate was issued.
(d) The record is open to inspection by any peace officer or officer or employee of the
division.
(3) A person may not employ a person to drive a motor vehicle who is not licensed as
required under this chapter.
(4) A person who violates Subsection (1), (2)(a), or (3) is guilty of a class C misdemeanor.
Section 7. Section 53-3-207 is amended to read:
53-3-207. License certificates issued to drivers by class of motor vehicle -- Contents
-- Anatomical gifts indication -- Temporary licenses -- Minors' licenses and permits.
(1) (a) The division shall issue to every person privileged to drive a motor vehicle, a license
certificate indicating the type or class of motor vehicle the licensee may drive.
(b) A person may not drive a class of motor vehicle unless licensed in that class.
(2) (a) Every license certificate shall bear:
(i) the distinguishing number assigned to the licensee by the division;
(ii) the name, birth date, and residence address of the licensee;
(iii) a brief description of the licensee for the purpose of identification;
(iv) any restrictions imposed on the license under Section 53-3-208;
(v) a photograph of the licensee; and
(vi) a photograph or other facsimile of the licensee's signature.
(b) After May 3, 1993, a new license certificate issued by the division may bear the social
security number of the licensee only at the request of the licensee.
(c) (i) The license certificate shall be of an impervious material, resistant to wear, damage,
and alteration.
(ii) The size, form, and color of the license certificate shall be as prescribed by the
commissioner.
(iii) The commissioner may also prescribe the issuance of a special type of limited license
certificate under Subsection 53-3-220 (4) and may authorize the issuance of a renewed or duplicate

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license certificate without a picture if the applicant is not then living in the state.
(3) (a) (i) When a license is granted or renewed, the division shall, upon request of the
licensee, provide a method of identification on the license certificate, which indicates the licensee's
intent to make an anatomical gift under Title 26, Chapter 28, Uniform Anatomical Gift Act.
(ii) The statement shall be signed in the presence of at least one witness, who shall sign the
statement in the presence of the licensee.
(b) The division or any of its employees are not liable for any loss, detriment, or injury,
directly or indirectly, which results from false or inaccurate information regarding the anatomical
gift notification.
(4) (a) (i) The division upon determining after an examination that an applicant is mentally
and physically qualified to be granted a license may issue to an applicant a receipt for the fee.
(ii) The receipt serves as a temporary license certificate allowing him to drive a motor
vehicle while the division is completing its investigation to determine whether he is entitled to be
licensed.
(b) The receipt shall be in his immediate possession while driving a motor vehicle, and it
is invalid when the applicant's license certificate has been issued or when, for good cause, the
privilege has been refused.
(c) The division shall indicate on the receipt a date after which it is not valid as a license
certificate.
(5) The division shall distinguish learner permits, temporary permits, and license certificates
issued to any person younger than 21 years of age by use of the plainly printed word "minor" or
"under 21" or the use of a special color not used for other license certificates.
(6) The division shall issue temporary license certificates of the same nature, except as to
duration, as the license certificates that they temporarily replace, as are necessary to implement
applicable provisions of Section 53-3-223.
(7) A person who violates Subsection (1)(b) is guilty of a class C misdemeanor.
Section 8. Section 53-3-217 is amended to read:
53-3-217. License to be carried when driving motor vehicle -- Production in court.

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(1) (a) The licensee shall have his license certificate in his immediate possession at all times
when driving a motor vehicle [and].
(b) A licensee shall display [it] his license certificate upon demand of a justice of peace, a
peace officer, or a field deputy or inspector of the division.
(2) It is a defense to a charge under this section that the person charged produces in court
a license certificate issued to him and valid at the time of his citation or arrest.
(3) A person who violates Subsection (1)(a) is guilty of a class C misdemeanor.
Section 9. Section 53-3-219 is amended to read:
53-3-219. Suspension of juvenile driving privileges.
(1) The division shall immediately suspend all driving privileges of any person upon receipt
of an order suspending driving privileges under Section 32A-12-209, Subsection 76-9-701(1), or
Section 78-3a-517.
(a) Upon receipt of the first order suspending a person's driving privileges, the division shall
impose a suspension for 90 days or, if the person is under the age of eligibility for a driver license,
deny application for a driver license for the first 90 days following the date of eligibility.
(b) Upon receipt of a second order suspending a person's driving privileges, the division
shall impose a suspension for six months or, if the person is under the age of eligibility for a driver
license, deny application for a driver license for the first six months following the date of eligibility.
(c) Upon receipt of a third or subsequent order suspending a person's driving privileges, the
division shall impose a suspension for one year or, if the person is under the age of eligibility for
a driver license, deny application for a driver license for one year beginning on the date of
eligibility.
(2) [(a)] After reinstatement of the license under Subsection (1)(a), a report authorized under
Section 53-3-104 may not contain evidence of the suspension of a juvenile's license under this
section if he has not been convicted of any other offense for which the suspension under Subsection
(1)(a) may be extended.
[(b) A person whose license is suspended solely by an order made in accordance with
Section 32A-12-209, Subsection 76-9-701(1), or Section 78-3a-517 is exempt from Sections

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41-12a-411 and 41-12a-412.]
Section 10. Section 53-3-220 is amended to read:
53-3-220. Offenses requiring mandatory revocation, denial, suspension, or
disqualification of license -- Offense requiring an extension of period -- Hearing -- Limited
driving privileges.
(1) (a) The division shall immediately revoke or, when this chapter or Title 41, Chapter 6,
Traffic Rules and Regulations, specifically provides for denial, suspension, or disqualification, the
division shall deny, suspend, or disqualify the license of a person upon receiving a record of his
conviction for any of the following offenses:
(i) manslaughter or negligent homicide resulting from driving a motor vehicle, or
automobile homicide under Section 76-5-207;
(ii) driving or being in actual physical control of a motor vehicle while under the influence
of alcohol, any drug, or combination of them to a degree that renders the person incapable of safely
driving a motor vehicle as prohibited in Section 41-6-44 or as prohibited in an ordinance that
complies with the requirements of Subsection 41-6-43 (1);
(iii) driving or being in actual physical control of a motor vehicle while having a blood or
breath alcohol content prohibited in Section 41-6-44 or as prohibited in an ordinance that complies
with the requirements of Subsection 41-6-43 (1);
(iv) perjury or the making of a false affidavit to the division under this chapter, Title 41,
Motor Vehicles, or any other law of this state requiring the registration of motor vehicles or
regulating driving on highways;
(v) any offense punishable as a felony under the motor vehicle laws of this state;
(vi) any other felony in which a motor vehicle is used;
(vii) failure to stop and render aid as required under the laws of this state if a motor vehicle
accident results in the death or personal injury of another;
(viii) two charges of reckless driving committed within a period of 12 months; but if upon
a first conviction of reckless driving the judge or justice recommends suspension of the convicted
person's license, the division may after a hearing suspend the license for a period of three months;

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(ix) failure to bring a motor vehicle to a stop at the command of a peace officer as required
in Section 41-6-13.5;
(x) any offense specified in Part 4 of this chapter that requires disqualification;
(xi) discharging or allowing the discharge of a firearm from a vehicle in violation of
Subsection 76-10-508(2);
(xii) using, allowing the use of, or causing to be used any explosive, chemical, or incendiary
device from a vehicle in violation of Subsection 76-10-306(4)(b); and
(xiii) operating or being in actual physical control of a motor vehicle while having any
measurable controlled substance or metabolite of a controlled substance in the person's body in
violation of Section 41-6-44.6.
(b) The division shall immediately revoke the license of a person upon receiving a record
of an adjudication under Title 78, Chapter 3a, Juvenile Courts, for any of the following offenses:
(i) discharging or allowing the discharge of a firearm from a vehicle in violation of
Subsection 76-10-508(2); and
(ii) using, allowing the use of, or causing to be used any explosive, chemical, or incendiary
device from a vehicle in violation of Subsection 76-10-306(4)(b).
(c) [The] Except when action is taken under Section 53-3-219 for the same offense, the
division shall immediately suspend for six months the license of a person upon receiving a record
of conviction for any of the following offenses:
(i) any violation of:
(A) Title 58, Chapter 37, Utah Controlled Substances Act;
(B) Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
(C) Title 58, Chapter 37b, Imitation Controlled Substances Act;
(D) Title 58, Chapter 37c, Utah Controlled Substance Precursor Act; or
(E) Title 58, Chapter 37d, Clandestine Drug Lab Act; or
(ii) any criminal offense that prohibits:
(A) possession, distribution, manufacture, cultivation, sale, or transfer of any substance that
is prohibited under the acts described in Subsection (c)(i); or

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(B) the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer
any substance that is prohibited under the acts described in Subsection (c)(i).
(2) The division shall extend the period of the first denial, suspension, revocation, or
disqualification for an additional like period, to a maximum of one year, upon receiving:
(a) a record of the conviction of any person on a charge of driving a motor vehicle while
the person's license is denied, suspended, revoked, or disqualified;
(b) a record of a conviction of the person for any violation of the motor vehicle law in which
the person was involved as a driver;
(c) a report of an arrest of the person for any violation of the motor vehicle law in which
the person was involved as a driver; or
(d) a report of an accident in which the person was involved as a driver.
(3) When the division receives a report under Subsection (2)(c) or (d) that a person is
driving while the person's license is denied, suspended, disqualified, or revoked, the person is
entitled to a hearing regarding the extension of the time of denial, suspension, disqualification, or
revocation originally imposed under Section 53-3-221.
(4) (a) The division may extend to a person the limited privilege of driving a motor vehicle
to and from the person's place of employment or within other specified limits on recommendation
of the trial judge in any case where a person is convicted of any of the offenses referred to in
Subsections (1) and (2) except:
(i) automobile homicide under Subsection (1)(a)(i);
(ii) those offenses referred to in Subsections (1) (a)(ii), (a)(iii), (a)(xi), (a)(xii), (a)(xiii),
(1)(b), and (1)(c); and
(iii) those offenses referred to in Subsection (2) when the original denial, suspension,
revocation, or disqualification was imposed because of a violation of Section 41-6-44, Section
41-6-44.6, a local ordinance which complies with the requirements of Subsection 41-6-43 (1),
Section 41-6-44.10, or Section 76-5-207, or a criminal prohibition that the person was charged with
violating as a result of a plea bargain after having been originally charged with violating one or
more of these sections or ordinances.

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(b) This discretionary privilege is limited to when undue hardship would result from a
failure to grant the privilege and may be granted only once to any individual during any single
period of denial, suspension, revocation, or disqualification, or extension of that denial, suspension,
revocation, or disqualification.
(c) A limited CDL may not be granted to an individual disqualified under Part 4 of this
chapter or whose license has been revoked, suspended, cancelled, or denied under this chapter.
Section 11. Section 53-3-221 is amended to read:
53-3-221. Offenses which may result in denial, suspension, disqualification, or
revocation of license without hearing -- Point system for traffic violations -- Additional
grounds for suspension -- Reporting of traffic violation procedures.
(1) By following the emergency procedures in Title 63, Chapter 46b, Administrative
Procedures Act, the division may immediately deny, suspend, disqualify, or revoke the license of
any person without hearing and without receiving a record of the person's conviction of crime when
the division has been notified or has reason to believe the person:
(a) has committed any offenses for which mandatory suspension or revocation of a license
is required upon conviction under Section 53-3-220;
(b) has, by reckless or unlawful driving of a motor vehicle, caused or contributed to an
accident resulting in death or injury to any other person, or serious property damage;
(c) is incompetent to drive a motor vehicle or is afflicted with mental or physical infirmities
or disabilities rendering it unsafe for the person to drive a motor vehicle upon the highways;
(d) has committed a serious violation of the motor vehicle laws of this state;
(e) has permitted an unlawful use of the license as defined in Section 53-3-229; or
(f) has been convicted of serious offenses against traffic laws governing the movement of
motor vehicles with a frequency that indicates a disrespect for traffic laws and a disregard for the
safety of other persons on the highways.
(2) (a) The division may suspend the license of a person under Subsection (1) when the
person has failed to comply with the terms stated on a traffic citation issued in this state, except this
subsection does not apply to highway weight limit violations or violations of law governing the

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transportation of hazardous materials.
(b) This subsection applies to parking and standing violations only if a court has issued a
warrant for the arrest of a person for failure to post bail, appear, or otherwise satisfy the terms of
the citation.
(c) (i) This subsection may not be exercised unless notice of the pending suspension of the
driving privilege has been mailed at least ten days previously to the person at the address provided
to the division.
(ii) After clearance by the division, a report authorized by Section 53-3-104 may not contain
any evidence of a suspension that occurred as a result of failure to comply with the terms stated on
a traffic citation.
(3) (a) The division may suspend the license of a person under Subsection (1) when the
division has been notified by a court that the person has an outstanding unpaid fine, an outstanding
incomplete restitution requirement, or an outstanding warrant levied by order of a court.
(b) The suspension remains in effect until the division is notified by the court that the order
has been satisfied.
(c) After clearance by the division, a report authorized by Section 53-3-104 may not contain
any evidence of the suspension.
(4) The division shall make rules establishing a point system as provided for in this
subsection.
(a) (i) The division shall assign a number of points to each type of moving traffic violation
as a measure of its seriousness.
(ii) The points shall be based upon actual relationships between types of traffic violations
and motor vehicle traffic accidents.
(b) Every person convicted of a traffic violation shall have assessed against his driving
record the number of points that the division has assigned to the type of violation of which the
person has been convicted, except that the number of points assessed shall be decreased by 10% if
on the abstract of the court record of the conviction the court has graded the severity of violation
as minimum, and shall be increased by 10% if on the abstract the court has graded the severity of

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violation as maximum.
(c) (i) A separate procedure for assessing points for speeding offenses shall be established
by the division based upon the severity of the offense.
(ii) The severity of a speeding violation shall be graded as:
(A) "minimum" for exceeding the posted speed limit by up to [nine] ten miles per hour;
(B) "intermediate" for exceeding the posted speed limit by from [ten] 11 to [19] 20 miles
per hour; and
(C) "maximum" for exceeding the posted speed limit by [20] 21 or more miles per hour.
(iii) Consideration shall be made for assessment of no points on minimum speeding
violations, except for speeding violations in school zones.
(d) (i) Points assessed against a person's driving record shall be deleted for violations
occurring before a time limit set by the division.
(ii) The time limit may not exceed three years.
(iii) The division may also delete points to reward violation-free driving for periods of time
set by the division.
(e) (i) By publication in two newspapers having general circulation throughout the state, the
division shall give notice of the number of points it has assigned to each type of traffic violation,
the time limit set by the division for the deletion of points, and the point level at which the division
will generally take action to deny or suspend under this section.
(ii) The division may not change any of the information provided above regarding points
without first giving new notice in the same manner.
(5) (a) (i) Upon denying or suspending the license of a person under this section, the
division shall immediately notify the licensee in writing and afford him an opportunity for a hearing
in the county where the licensee resides.
(ii) The hearing shall be documented, and the division or its authorized agent may
administer oaths, may issue subpoenas for the attendance of witnesses and the production of relevant
books and papers, and may require a reexamination of the licensee.
(iii) One or more members of the division may conduct the hearing, and any decision made

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after a hearing before any number of the members of the division is as valid as if made after a
hearing before the full membership of the division.
(iv) After the hearing the division shall either rescind its order of denial or suspension,
extend the denial or suspension of the license, or revoke the license.
(b) The denial or suspension of the license remains in effect pending qualifications
determined by the division regarding a person:
(i) whose license has been denied or suspended following reexamination;
(ii) who is incompetent to drive a motor vehicle;
(iii) who is afflicted with mental or physical infirmities that might make him dangerous on
the highways; or
(iv) who may not have the necessary knowledge or skill to drive a motor vehicle safely.
(6) (a) The division may suspend or revoke the license of any resident of this state upon
receiving notice of the conviction of that person in another state of an offense committed there that,
if committed in this state, would be grounds for the suspension or revocation of a license.
(b) The division may, upon receiving a record of the conviction in this state of a nonresident
driver of a motor vehicle of any offense under the motor vehicle laws of this state, forward a
certified copy of the record to the motor vehicle administrator in the state where the person
convicted is a resident.
(7) (a) The division may suspend or revoke the license of any nonresident to drive a motor
vehicle in this state for any cause for which the license of a resident driver may be suspended or
revoked.
(b) Any nonresident who drives a motor vehicle upon a highway when his license has been
suspended or revoked by the division is guilty of a class C misdemeanor.
(8) (a) The division may not deny or suspend the license of any person for a period of more
than one year except:
(i) for failure to comply with the terms of a traffic citation under Subsection (2);
(ii) upon receipt of a second or subsequent order suspending juvenile driving privileges
under Section 53-3-219;

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(iii) when extending a denial or suspension upon receiving certain records or reports under
Subsection 53-3-220 (2); and
(iv) for failure to give and maintain owner's or operator's security under Section
[41-12a-412] 41-12a-411.
(b) The division may suspend the license of a person under Subsection (2) until he shows
satisfactory evidence of compliance with the terms of the traffic citation.
(c) Upon denying, suspending, or revoking a license, the division shall require that all
license certificates held by the person be surrendered to the division.
(d) At the end of the period of denial or suspension, the certificate surrendered shall be
returned to the licensee.
(9) (a) By following the emergency procedures in Title 63, Chapter 46b, Administrative
Procedures Act, the division may immediately suspend the license of any person without hearing
and without receiving a record of his conviction for a crime when the division has reason to believe
that the person's license was granted by the division through error or fraud or that the necessary
consent for the license has been withdrawn or is terminated.
(b) The procedure upon suspension is the same as under Subsection (5), except that after
the hearing the division shall either rescind its order of suspension or cancel the license.
(10) (a) The division, having good cause to believe that a licensed driver is incompetent or
otherwise not qualified to be licensed, may upon written notice of at least five days to the licensee
require him to submit to an examination.
(b) Upon the conclusion of the examination the division may suspend or revoke the person's
license, permit him to retain the license, or grant a license subject to a restriction imposed in
accordance with Section 53-3-208.
(c) Refusal or neglect of the licensee to submit to an examination is grounds for suspension
or revocation of his license.
(11) A report authorized by Section 53-3-104 may not contain any evidence of a conviction
for speeding on an interstate system in this state if the conviction was for a speed of [less than 71]
ten miles per hour or less, above the posted speed limit and did not result in an accident, unless

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authorized in writing by the individual whose report is being requested.
(12) (a) By following the emergency procedures in Title 63, Chapter 46b, Administrative
Procedures Act, the division may immediately suspend the license of a person if it has reason to
believe that the person is the owner of a motor vehicle for which security is required under Title 41,
Chapter 12a, Motor Vehicle Financial Responsibility, and has driven the motor vehicle or permitted
it to be driven within this state without the security being in effect.
(b) [Sections] Section 41-12a-411 [and 41-12a-412] regarding [the surrender of license
plates and registration of motor vehicles and] the requirement of proof of [financial responsibility
apply] owner's or operator's security applies to persons whose driving privileges are suspended
under this Subsection (12).
(c) If the division exercises the right of immediate suspension granted under this subsection,
the notice and hearing provisions of Subsection (5) apply.
(d) A person whose license suspension has been sustained or whose license has been
revoked by the division under this subsection may file a request for agency action requesting a
hearing.
(13) Any suspension or revocation of a person's license under this section also disqualifies
any license issued to that person under Part 4 of this chapter.
Section 12. Section 53-3-231 is amended to read:
53-3-231. Person under 21 may not operate vehicle with detectable alcohol in body --
Chemical test procedures -- Temporary license -- Hearing and decision -- Suspension of license
or operating privilege -- Fees -- Judicial review.
(1) (a) As used in this section "local substance abuse authority" has the same meaning as
provided in Section 62A-8-101.
(b) Calculations of blood, breath, or urine alcohol concentration under this section shall be
made in accordance with the procedures in Subsection 41-6-44(2).
(2) (a) A person younger than 21 years of age may not operate or be in actual physical
control of a vehicle with any measurable blood, breath, or urine alcohol concentration in his body
as shown by a chemical test.

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(b) (i) A person with a valid operator license who violates Subsection (a), in addition to any
other applicable penalties arising out of the incident, shall have his operator license denied or
suspended as provided in Subsection (ii).
(ii) (A) For a first offense under Subsection (a), the Driver License Division of the
Department of Public Safety shall deny the person's operator license if ordered or not challenged
under this section for a period of 90 days beginning on the 30th day after the date of the arrest under
Section 32A-12-209.
(B) For a second or subsequent offense under Subsection (a), within three years of a prior
denial or suspension, the Driver License Division shall suspend the person's operator license for a
period of one year beginning on the 30th day after the date of arrest.
(c) (i) A person who has not been issued an operator license who violates Subsection (a),
in addition to any other penalties arising out of the incident, shall be punished as provided in
Subsection (ii).
(ii) For one year or until he is 17, whichever is longer, a person may not operate a vehicle
and the Driver License Division may not issue the person an operator license or learner's permit.
(3) (a) When a peace officer has reasonable grounds to believe that a person may be
violating or has violated Subsection (2), the peace officer may, in connection with arresting the
person for a violation of Section 32A-12-209, request that the person submit to a chemical test or
tests to be administered in compliance with the standards under Section 41-6-44.10.
(b) The peace officer shall advise a person prior to the person's submission to a chemical
test that a test result indicating a violation of Subsection (2)(a) will result in denial or suspension
of the person's license to operate a motor vehicle or a refusal to issue a license.
(c) If the person submits to a chemical test and the test results indicate a blood, breath, or
urine alcohol content in violation of Subsection (2)(a), or if the officer makes a determination, based
on reasonable grounds, that the person is otherwise in violation of Subsection (2)(a), the officer
directing administration of the test or making the determination shall serve on the person, on behalf
of the Driver License Division, immediate notice of the Driver License Division's intention to deny
or suspend the person's license to operate a vehicle or refusal to issue a license under Subsection (2).

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(4) When the officer serves immediate notice on behalf of the Driver License Division, he
shall:
(a) take the Utah license certificate or permit, if any, of the operator;
(b) issue a temporary license certificate effective for only 29 days if the driver had a valid
operator's license; and
(c) supply to the operator, on a form to be approved by the Driver License Division, basic
information regarding how to obtain a prompt hearing before the Driver License Division.
(5) A citation issued by the officer may, if approved as to form by the Driver License
Division, serve also as the temporary license certificate under Subsection (4)(b).
(6) The peace officer serving the notice shall send to the Driver License Division within five
days after the date of arrest and service of the notice:
(a) the person's driver license certificate, if any;
(b) a copy of the citation issued for the offense;
(c) a signed report on a form approved by the Driver License Division indicating the
chemical test results, if any; and
(d) any other basis for the officer's determination that the person has violated Subsection
(2).
(7) (a) (i) Upon written request, the Driver License Division shall grant to the person an
opportunity to be heard within 29 days after the date of arrest under Section 32A-12-209.
(ii) The request shall be made within ten days of the date of the arrest.
(b) A hearing, if held, shall be before the Driver License Division in the county in which
the arrest occurred, unless the Driver License Division and the person agree that the hearing may
be held in some other county.
(c) The hearing shall be documented and shall cover the issues of:
(i) whether a peace officer had reasonable grounds to believe the person was operating a
motor vehicle in violation of Subsection (2)(a);
(ii) whether the person refused to submit to the test; and
(iii) the test results, if any.

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(d) In connection with a hearing the Driver License Division or its authorized agent may
administer oaths and may issue subpoenas for the attendance of witnesses and the production of
relevant books and papers.
(e) One or more members of the Driver License Division may conduct the hearing.
(f) Any decision made after a hearing before any number of the members of the Driver
License Division is as valid as if made after a hearing before the full membership of the Driver
License Division.
(g) After the hearing, the Driver License Division shall order whether the person:
(i) with a valid license to operate a motor vehicle will have his license denied or not or
suspended or not; or
(ii) without a valid operator license will be refused a license under Subsection (2)(c).
(h) If the person for whom the hearing is held fails to appear before the Driver License
Division as required in the notice, the division shall order whether the person shall have his license
denied, suspended, or not denied or suspended, or whether an operator license will be refused or not
refused.
(8) (a) Following denial or suspension the Driver License Division shall assess against a
person, in addition to any fee imposed under Subsection 53-3-205(14), a fee under Section
53-3-105, which shall be paid before the person's driving privilege is reinstated, to cover
administrative costs. This fee shall be canceled if the person obtains an unappealed Driver License
Division hearing or court decision that the suspension was not proper.
(b) A person whose operator license has been denied, suspended, or postponed by the Driver
License Division under this section may file a petition within 30 days after the suspension for a
hearing on the matter which, if held, is governed by Section 53-3-224.
(9) After reinstatement of an operator license for a first offense under this section, a report
authorized under Section 53-3-104 may not contain evidence of the denial or suspension of the
person's operator license under this section if he has not been convicted of any other offense for
which the denial or suspension may be extended.
[(10) The provisions of Sections 41-12a-411 and 41-12a-412 do not apply to a denial or

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suspension imposed for a first offense under this section if the denial or suspension is based solely
on a violation of Subsection (2)(a).]
[(11)] (10) (a) In addition to the penalties in Subsection (2), a person who violates
Subsection (2)(a) shall be referred by the Driver License Division to the local substance abuse
authority for an assessment and recommendation for appropriate action.
(b) (i) Reinstatement of the person's operator license or the right to obtain an operator
license is contingent upon successful completion of the action recommended by the local substance
abuse authority.
(ii) The local substance abuse authority's recommended action shall be determined by an
assessment of the person's alcohol abuse and may include:
(A) a targeted education and prevention program;
(B) an early intervention program; or
(C) a substance abuse treatment program.
(iii) Successful completion of the recommended action shall be determined by standards
established by the Division of Substance Abuse.
(c) At the conclusion of the penalty period imposed under Subsection (2), the local
substance abuse authority shall notify the Driver License Division of the person's status regarding
completion of the recommended action.
(d) The local substance abuse authorities shall cooperate with the Driver License Division
in:
(i) conducting the assessments;
(ii) making appropriate recommendations for action; and
(iii) notifying the Driver License Division about the person's status regarding completion
of the recommended action.
(e) (i) The local substance abuse authority is responsible for:
(A) the cost of the assessment of the person's alcohol abuse; and
(B) for making a referral to an appropriate program on the basis of the findings of the
assessment.

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(ii) (A) The person who violated Subsection (2)(a) is responsible for all costs and fees
associated with the recommended program to which the person is referred.
(B) The costs and fees under Subsection (A) shall be based on a sliding scale consistent with
the local substance abuse authority's policies and practices regarding fees for services.
Section 13. Repealer.
This act repeals:
Section 41-12a-412, Proof of owner's or operator's security required to preserve
registration.
Section 53-3-228, Making false affidavit is perjury.
Section 53-3-230, Violation of part -- Misdemeanor.

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