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5 AN ACT RELATING TO MOTOR VEHICLES; REPEALING CERTAIN PROVISIONS
6 REQUIRING PROOF OF INSURANCE AFTER A CONVICTION FOR CERTAIN
7 OFFENSES; ALLOWING CERTAIN INFORMATION TO BE CONSIDERED EVIDENCE
8 OF INSURANCE AFTER AN ACCIDENT; AMENDING THE LIMIT UNDER WHICH
9 POST ACCIDENT SECURITY IS REQUIRED; REPEALING THE REQUIREMENT THAT
10 A COURT CONFISCATE A DRIVER LICENSE FOR CERTAIN OFFENSES; SPECIFYING
11 CERTAIN CRIMINAL PENALTIES; ESTABLISHING A MAXIMUM PERIOD FOR
12 WHICH THE DRIVER LICENSE DIVISION SHALL EXTEND DRIVER LICENSE
13 SANCTIONS AND SHALL IMPOSE OTHER COURT-ORDERED SANCTIONS;
14 AMENDING SPEED SEVERITY PROVISIONS; REPEALING CERTAIN PERJURY
15 PROVISIONS; AND MAKING TECHNICAL CHANGES.
16 This act affects sections of Utah Code Annotated 1953 as follows:
18 41-6-35.5, as last amended by Chapters 202 and 234, Laws of Utah 1993
19 41-12a-501, as last amended by Chapter 28, Laws of Utah 1992
20 41-12a-604, as last amended by Chapter 200, Laws of Utah 1996
21 53-1-116, as enacted by Chapter 234, Laws of Utah 1993
22 53-3-202, as last amended by Chapters 47 and 208, Laws of Utah 1996
23 53-3-203, as renumbered and amended by Chapter 234, Laws of Utah 1993
24 53-3-207, as renumbered and amended by Chapters 24 and 234, Laws of Utah 1993
25 53-3-217, as renumbered and amended by Chapter 234, Laws of Utah 1993
26 53-3-219, as last amended by Chapters 1 and 188, Laws of Utah 1996
27 53-3-220, as last amended by Chapters 55, 180 and 263, Laws of Utah 1994
1 53-3-221, as renumbered and amended by Chapter 234, Laws of Utah 1993
2 53-3-231, as renumbered and amended by Chapter 71, Laws of Utah 1996
4 41-12a-412, as last amended by Chapter 139, Laws of Utah 1993
5 53-3-228, as renumbered and amended by Chapter 234, Laws of Utah 1993
6 53-3-230, as renumbered and amended by Chapter 234, Laws of Utah 1993
7 Be it enacted by the Legislature of the state of Utah:
8 Section 1. Section 41-6-35.5 is amended to read:
9 41-6-35.5. Vehicle accidents -- Investigation and report of operator security --
10 Agency action if no security -- Surrender of plates -- Penalties.
11 (1) Upon request of a peace officer investigating an accident involving a motor vehicle,
12 the operator of the vehicle shall provide evidence of the owner's or operator's security required
13 under Section 41-12a-301.
14 (2) The peace officer shall record on a form approved by the department:
15 (a) the information provided by the operator;
16 (b) whether the operator provided insufficient or no information; [
17 (c) if [
19 (d) whether other information available to the peace officer indicates that owner's or
20 operator's security is in effect.
21 (3) The peace officer shall deposit all completed forms with his agency, which shall
22 forward the forms to the department no later than ten days after receipt.
23 (4) The department shall within ten days of receipt of the forms from the agency take
24 action as follows:
25 (a) If the operator provided no information under Subsection (1) and other information
26 available to the peace officer does not indicate that owner's or operator's security is in effect, the
27 department shall take direct action under Subsection 53-3-221 (12).
28 (b) (i) If the peace officer noted or the department determines that there is reasonable cause
29 to believe that the information given under Subsection (1) is not correct, the department shall
30 contact directly the insurance company or other provider of security as described in Subsection (7)
31 and request verification of the accuracy of the information submitted as of the date of the traffic
1 offense for which the citation was issued.
2 (ii) The department may require the verification under Subsection (i) to be in writing.
3 (iii) The insurance company or other provider of security shall return the verification to
4 the department within 30 days of receipt of the request.
6 request, or within the 35 days receives notice that the information was not correct, the department
7 shall take action under Subsection 53-3-221 (12).
8 (5) (a) The owner of a vehicle with unexpired license plates for which security is not
9 provided as required under this chapter, shall return the plates for the vehicle to the Motor Vehicle
10 Division unless specifically permitted by statute to retain them.
11 (b) If the owner fails to return the plates as required, they shall be confiscated under
12 Section 53-3-226.
13 (6) The department may make rules for the enforcement of this section.
14 (7) In this section, "evidence of owner's or operator's security" includes any one of the
16 (a) a copy of the operator's valid:
17 (i) insurance policy;
18 (ii) binder notice;
19 (iii) renewal notice; or
20 (iv) card issued by an insurance company as evidence of insurance;
21 (b) a certificate of insurance issued under Section 41-12a-402;
22 (c) a certified copy of a surety bond issued under Section 41-12a-405;
23 (d) a certificate of the state treasurer issued under Section 41-12a-406; [
24 (e) a certificate of self-funded coverage issued under Section 41-12a-407[
25 (f) 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 (8) A person is guilty of a class B misdemeanor, and shall be fined not less than $100,
29 (a) when requested to provide security information under Subsection (1), or Section
30 41-12a-303.2, provides false information;
31 (b) falsely represents to the department that security required under this chapter is in
1 effect; or
2 (c) sells a vehicle to avoid the penalties of this section as applicable either to himself or
3 a third party.
4 Section 2. Section 41-12a-501 is amended to read:
5 41-12a-501. Post-accident security.
6 (1) (a) Unless excepted under Subsection (2), the operator of a motor vehicle involved in
7 an accident in the state and any owner who has not previously satisfied the requirement of security
8 under Section 41-12a-301 shall file post-accident security with the department for the benefit of
9 persons obtaining judgments against the operator on account of bodily injury, death, or property
10 damage caused by the accident.
11 (b) The security shall be in an amount determined by the department to be sufficient to
12 satisfy judgments arising from bodily injury, death, or property damage resulting from the accident
13 that may be recovered against the operator, but may not exceed the minimum single limit under
14 Subsection 31A-22-304 (2).
15 (c) The department shall determine the amount of post-accident security on the basis of
16 reports and other evidence submitted to the department by interested parties, including officials
17 investigating the accident.
18 (d) In setting the amount of post-accident security, the department may not take into
19 account alleged damages resulting from pain and suffering.
20 (e) Persons who fail to file required post-accident security are subject to the penalties
21 under Subsection (3).
22 (2) The operator is exempted from the post-accident requirement under Subsection (1) if
23 any of the following conditions are satisfied:
24 (a) No bodily injury, death, or damage to the property of one person in excess of [
25 the damage limit specified under Section 41-6-31 resulted from the accident.
26 (b) No injury, death, or property damage was suffered by any person other than the owner
27 or operator.
28 (c) The owner of the motor vehicle was in compliance with the owner's security
29 requirement under Section 41-12a-301 at the time of the accident and the operator had permission
30 from the owner to operate the motor vehicle.
31 (d) The operator was in compliance with the operator's security requirement under Section
1 41-12a-301 at the time of the accident.
2 (e) The operator has filed satisfactory evidence with the department that the operator has
3 been released from liability, has been finally adjudicated not to be liable, or has executed a duly
4 acknowledged written agreement providing for the payment of an agreed amount in installments
5 with respect to all claims for injuries or damages resulting from the accident and is not in default
6 on that agreement.
7 (f) The motor vehicle involved in the accident was operated by a nonresident who had an
8 insurance policy or bond covering the accident, but not fully complying with the policy provision
9 requirements under Section 31A-22-302, if the policy or bond is sufficient to provide full recovery
10 for claimants and the policy or bond is issued by an insurer licensed in the state.
11 (g) The operator at the time of the accident was operating a motor vehicle owned or leased
12 by the operator's employer and driven with the employer's permission.
13 (h) Evidence as to the extent of injuries or property damage caused by the accident has not
14 been submitted by or on behalf of any person affected by the accident within six months following
15 the date of the accident.
16 (i) The motor vehicle was legally parked at the time of the accident.
17 (j) The motor vehicle was an emergency vehicle acting in the line of duty at the time of
18 the accident.
19 (k) The motor vehicle involved in the accident is owned by the United States, this state,
20 or any political subdivision of this state, if the operator was using the vehicle with the permission
21 of the owner.
22 (l) The motor vehicle was legally stopped at a stop sign, traffic signal, or at the direction
23 of a police officer at the time of the accident.
24 (3) (a) If an operator who is required to file post-accident security under Subsection (1)
25 does not do so within ten days after receiving notice of the requirement of security, the department
26 shall suspend the driver's license of the operator and all registrations of the owner, if he is a
27 resident of the state.
28 (b) If the operator is not a resident of Utah, the department shall suspend the privilege of
29 operating a motor vehicle within the state and of using, in the state, any owned motor vehicle.
30 (c) Notice of these suspensions shall be sent to the owner or operator no less than 15 days
31 prior to the effective date of the suspension.
1 Section 3. Section 41-12a-604 is amended to read:
2 41-12a-604. Suspension of license.
3 (1) A person convicted of a class A or a class B misdemeanor under this chapter, in
4 addition to any other penalties which are imposed by law, shall have his operator's license
5 suspended by the department.
6 (2) Whenever any person is convicted of an offense for which this chapter mandates the
8 does not produce proof of owner's or operator's security at the time of his appearance, the court in
9 which the conviction takes place shall require the surrender to it of all pertinent [
11 nonresident temporary permits, and other similar materials then held by the person so convicted.
12 This court shall then forward [
13 registration materials to the Motor Vehicle Division of the State Tax Commission together, in each
14 instance, with a record of the conviction. If the person so convicted secures a judgment of
15 acquittal or reversal of this conviction in any appellate court, the department shall reinstate his
16 operator's license certificate and the Motor Vehicle Division shall reinstate the registration of his
17 motor vehicle immediately upon receipt of a certified copy of the judgment of acquittal or reversal.
18 (3) If a person has surrendered the person's operator's license certificate to the department
19 under this section, the person may, unless otherwise prohibited by law, apply for reinstatement of
20 the person's driving privilege. If the owner has surrendered the owner's registration materials to
21 the Motor Vehicle Division, the owner may, unless otherwise prohibited by law, apply for a new
22 registration, by providing proof of owner's security.
23 Section 4. Section 53-1-116 is amended to read:
24 53-1-116. Violations.
25 A violation of this title, except for a violation under Chapter 3, Part 2, Driver Licensing
26 Act, is a class C misdemeanor, unless otherwise provided.
27 Section 5. Section 53-3-202 is amended to read:
28 53-3-202. Drivers must be licensed -- Taxicab endorsement.
29 (1) A person may not drive a motor vehicle on a highway in this state unless the person
31 (a) granted the privilege to operate a motor vehicle by being licensed as a driver by the
1 division under this chapter;
2 (b) driving an official United States Government class D motor vehicle with a valid United
3 States Government driver permit or license for that type of vehicle;
4 (c) driving a road roller, road machinery, or any farm tractor or implement of husbandry
5 temporarily drawn, moved, or propelled on the highways;
6 (d) a nonresident who is at least 16 years of age and younger than 18 years of age who has
7 in his immediate possession a valid license certificate issued to him in his home state or country
8 and is driving as a class D or M driver;
9 (e) a nonresident who is at least 18 years of age and who has in his immediate possession
10 a valid license certificate issued to him in his home state or country if driving in the class or classes
11 identified on the home state license certificate, except those persons referred to in Part 6 of this
13 (f) driving under a temporary learner permit, instruction permit, or practice permit in
14 accordance with Section 53-3-210 or 53A-13-208;
15 (g) driving with a temporary license certificate issued in accordance with Section
16 53-3-207; or
17 (h) exempt under Title 41, Chapter 22, Off-highway Vehicles.
18 (2) A person may not drive or, while within the passenger compartment of a motor vehicle,
19 exercise any degree or form of physical control of a motor vehicle being towed by a motor vehicle
20 upon a highway unless the person:
21 (a) holds a valid license issued under this chapter for the type or class of motor vehicle
22 being towed; or
23 (b) is exempted under either Subsection (1)(b) or (1)(c).
24 (3) A person may not drive a motor vehicle as a taxicab on a highway of this state unless
25 the person has a taxicab endorsement issued by the division on his license certificate.
26 (4) (a) A person may not operate an electric assisted bicycle as defined under Section
27 41-6-1 unless the person has a valid class M or class D license issued under this chapter.
28 (b) Subsection (4)(a) is an exception to the provisions of Section 53-3-104.
29 (5) A person who violates this section is guilty of a class C misdemeanor.
30 Section 6. Section 53-3-203 is amended to read:
31 53-3-203. Authorizing or permitting driving in violation of chapter -- Renting of
1 motor vehicles -- License requirements -- Employees must be licensed to drive motor
3 (1) A person may not authorize or knowingly permit a motor vehicle owned by him or
4 under his control to be driven by a person in violation of this chapter.
5 (2) (a) A person may not rent a motor vehicle to another person unless the person who will
6 be the driver is licensed in this state, or in the case of a nonresident, licensed under the laws of the
7 state or country of his residence.
8 (b) A person may not rent a motor vehicle to another person until he has inspected the
9 license certificate of the person who will be the driver and verified the signature on the license
10 certificate by comparison with the signature of the person who will be the driver written in his
12 (c) A person renting a motor vehicle to another shall keep a record of the:
13 (i) registration number of the rented motor vehicle;
14 (ii) name and address of the person to whom the motor vehicle is rented;
15 (iii) number of the license certificate of the renter; and
16 (iv) date and place the license certificate was issued.
17 (d) The record is open to inspection by any peace officer or officer or employee of the
19 (3) A person may not employ a person to drive a motor vehicle who is not licensed as
20 required under this chapter.
21 (4) A person who violates Subsection (1), (2)(a), or (3) is guilty of a class C misdemeanor.
22 Section 7. Section 53-3-207 is amended to read:
23 53-3-207. License certificates issued to drivers by class of motor vehicle -- Contents
24 -- Anatomical gifts indication -- Temporary licenses -- Minors' licenses and permits.
25 (1) (a) The division shall issue to every person privileged to drive a motor vehicle, a
26 license certificate indicating the type or class of motor vehicle the licensee may drive.
27 (b) A person may not drive a class of motor vehicle unless licensed in that class.
28 (2) (a) Every license certificate shall bear:
29 (i) the distinguishing number assigned to the licensee by the division;
30 (ii) the name, birth date, and residence address of the licensee;
31 (iii) a brief description of the licensee for the purpose of identification;
1 (iv) any restrictions imposed on the license under Section 53-3-208;
2 (v) a photograph of the licensee; and
3 (vi) a photograph or other facsimile of the licensee's signature.
4 (b) After May 3, 1993, a new license certificate issued by the division may bear the social
5 security number of the licensee only at the request of the licensee.
6 (c) (i) The license certificate shall be of an impervious material, resistant to wear, damage,
7 and alteration.
8 (ii) The size, form, and color of the license certificate shall be as prescribed by the
10 (iii) The commissioner may also prescribe the issuance of a special type of limited license
11 certificate under Subsection 53-3-220 (4) and may authorize the issuance of a renewed or duplicate
12 license certificate without a picture if the applicant is not then living in the state.
13 (3) (a) (i) When a license is granted or renewed, the division shall, upon request of the
14 licensee, provide a method of identification on the license certificate, which indicates the licensee's
15 intent to make an anatomical gift under Title 26, Chapter 28, Uniform Anatomical Gift Act.
16 (ii) The statement shall be signed in the presence of at least one witness, who shall sign
17 the statement in the presence of the licensee.
18 (b) The division or any of its employees are not liable for any loss, detriment, or injury,
19 directly or indirectly, which results from false or inaccurate information regarding the anatomical
20 gift notification.
21 (4) (a) (i) The division upon determining after an examination that an applicant is mentally
22 and physically qualified to be granted a license may issue to an applicant a receipt for the fee.
23 (ii) The receipt serves as a temporary license certificate allowing him to drive a motor
24 vehicle while the division is completing its investigation to determine whether he is entitled to be
26 (b) The receipt shall be in his immediate possession while driving a motor vehicle, and it
27 is invalid when the applicant's license certificate has been issued or when, for good cause, the
28 privilege has been refused.
29 (c) The division shall indicate on the receipt a date after which it is not valid as a license
31 (5) The division shall distinguish learner permits, temporary permits, and license
1 certificates issued to any person younger than 21 years of age by use of the plainly printed word
2 "minor" or "under 21" or the use of a special color not used for other license certificates.
3 (6) The division shall issue temporary license certificates of the same nature, except as to
4 duration, as the license certificates that they temporarily replace, as are necessary to implement
5 applicable provisions of Section 53-3-223.
6 (7) A person who violates Subsection (1)(b) is guilty of a class C misdemeanor.
7 Section 8. Section 53-3-217 is amended to read:
8 53-3-217. License to be carried when driving motor vehicle -- Production in court.
9 (1) (a) The licensee shall have his license certificate in his immediate possession at all
10 times when driving a motor vehicle [
11 (b) A licensee shall display [
12 a peace officer, or a field deputy or inspector of the division.
13 (2) It is a defense to a charge under this section that the person charged produces in court
14 a license certificate issued to him and valid at the time of his citation or arrest.
15 (3) A person who violates Subsection (1)(a) is guilty of a class C misdemeanor.
16 Section 9. Section 53-3-219 is amended to read:
17 53-3-219. Suspension of juvenile driving privileges.
18 (1) The division shall immediately suspend all driving privileges of any person upon
19 receipt of an order suspending driving privileges under Section 32A-12-209, Subsection
20 76-9-701(1), or Section 78-3a-517.
21 (a) Upon receipt of the first order suspending a person's driving privileges, the division
22 shall impose a suspension for 90 days or, if the person is under the age of eligibility for a driver
23 license, deny application for a driver license for the first 90 days following the date of eligibility.
24 (b) Upon receipt of a second order suspending a person's driving privileges, the division
25 shall impose a suspension for six months or, if the person is under the age of eligibility for a driver
26 license, deny application for a driver license for the first six months following the date of
28 (c) Upon receipt of a third or subsequent order suspending a person's driving privileges,
29 the division shall impose a suspension for one year or, if the person is under the age of eligibility
30 for a driver license, deny application for a driver license for one year beginning on the date of
1 (2) [
2 under Section 53-3-104 may not contain evidence of the suspension of a juvenile's license under
3 this section if he has not been convicted of any other offense for which the suspension under
4 Subsection (1)(a) may be extended.
8 Section 10. Section 53-3-220 is amended to read:
9 53-3-220. Offenses requiring mandatory revocation, denial, suspension, or
10 disqualification of license -- Offense requiring an extension of period -- Hearing -- Limited
11 driving privileges.
12 (1) (a) The division shall immediately revoke or, when this chapter or Title 41, Chapter
13 6, Traffic Rules and Regulations, specifically provides for denial, suspension, or disqualification,
14 the division shall deny, suspend, or disqualify the license of a person upon receiving a record of
15 his conviction for any of the following offenses:
16 (i) manslaughter or negligent homicide resulting from driving a motor vehicle, or
17 automobile homicide under Section 76-5-207;
18 (ii) driving or being in actual physical control of a motor vehicle while under the influence
19 of alcohol, any drug, or combination of them to a degree that renders the person incapable of safely
20 driving a motor vehicle as prohibited in Section 41-6-44 or as prohibited in an ordinance that
21 complies with the requirements of Subsection 41-6-43 (1);
22 (iii) driving or being in actual physical control of a motor vehicle while having a blood or
23 breath alcohol content prohibited in Section 41-6-44 or as prohibited in an ordinance that complies
24 with the requirements of Subsection 41-6-43 (1);
25 (iv) perjury or the making of a false affidavit to the division under this chapter, Title 41,
26 Motor Vehicles, or any other law of this state requiring the registration of motor vehicles or
27 regulating driving on highways;
28 (v) any offense punishable as a felony under the motor vehicle laws of this state;
29 (vi) any other felony in which a motor vehicle is used;
30 (vii) failure to stop and render aid as required under the laws of this state if a motor vehicle
31 accident results in the death or personal injury of another;
1 (viii) two charges of reckless driving committed within a period of 12 months; but if upon
2 a first conviction of reckless driving the judge or justice recommends suspension of the convicted
3 person's license, the division may after a hearing suspend the license for a period of three months;
4 (ix) failure to bring a motor vehicle to a stop at the command of a peace officer as required
5 in Section 41-6-13.5;
6 (x) any offense specified in Part 4 of this chapter that requires disqualification;
7 (xi) discharging or allowing the discharge of a firearm from a vehicle in violation of
8 Subsection 76-10-508(2);
9 (xii) using, allowing the use of, or causing to be used any explosive, chemical, or
10 incendiary device from a vehicle in violation of Subsection 76-10-306(4)(b); and
11 (xiii) operating or being in actual physical control of a motor vehicle while having any
12 measurable controlled substance or metabolite of a controlled substance in the person's body in
13 violation of Section 41-6-44.6.
14 (b) The division shall immediately revoke the license of a person upon receiving a record
15 of an adjudication under Title 78, Chapter 3a, Juvenile Courts, for any of the following offenses:
16 (i) discharging or allowing the discharge of a firearm from a vehicle in violation of
17 Subsection 76-10-508(2); and
18 (ii) using, allowing the use of, or causing to be used any explosive, chemical, or incendiary
19 device from a vehicle in violation of Subsection 76-10-306(4)(b).
20 (c) [
21 division shall immediately suspend for six months the license of a person upon receiving a record
22 of conviction for any of the following offenses:
23 (i) any violation of:
24 (A) Title 58, Chapter 37, Utah Controlled Substances Act;
25 (B) Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
26 (C) Title 58, Chapter 37b, Imitation Controlled Substances Act;
27 (D) Title 58, Chapter 37c, Utah Controlled Substance Precursor Act; or
28 (E) Title 58, Chapter 37d, Clandestine Drug Lab Act; or
29 (ii) any criminal offense that prohibits:
30 (A) possession, distribution, manufacture, cultivation, sale, or transfer of any substance
31 that is prohibited under the acts described in Subsection (c)(i); or
1 (B) the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer
2 any substance that is prohibited under the acts described in Subsection (c)(i).
3 (2) The division shall extend the period of the first denial, suspension, revocation, or
4 disqualification for an additional like period, to a maximum of one year, upon receiving:
5 (a) a record of the conviction of any person on a charge of driving a motor vehicle while
6 the person's license is denied, suspended, revoked, or disqualified;
7 (b) a record of a conviction of the person for any violation of the motor vehicle law in
8 which the person was involved as a driver;
9 (c) a report of an arrest of the person for any violation of the motor vehicle law in which
10 the person was involved as a driver; or
11 (d) a report of an accident in which the person was involved as a driver.
12 (3) When the division receives a report under Subsection (2)(c) or (d) that a person is
13 driving while the person's license is denied, suspended, disqualified, or revoked, the person is
14 entitled to a hearing regarding the extension of the time of denial, suspension, disqualification, or
15 revocation originally imposed under Section 53-3-221.
16 (4) (a) The division may extend to a person the limited privilege of driving a motor vehicle
17 to and from the person's place of employment or within other specified limits on recommendation
18 of the trial judge in any case where a person is convicted of any of the offenses referred to in
19 Subsections (1) and (2) except:
20 (i) automobile homicide under Subsection (1)(a)(i);
21 (ii) those offenses referred to in Subsections (1) (a)(ii), (a)(iii), (a)(xi), (a)(xii), (a)(xiii),
22 (1)(b), and (1)(c); and
23 (iii) those offenses referred to in Subsection (2) when the original denial, suspension,
24 revocation, or disqualification was imposed because of a violation of Section 41-6-44, Section
25 41-6-44.6, a local ordinance which complies with the requirements of Subsection 41-6-43 (1),
26 Section 41-6-44.10, or Section 76-5-207, or a criminal prohibition that the person was charged
27 with violating as a result of a plea bargain after having been originally charged with violating one
28 or more of these sections or ordinances.
29 (b) This discretionary privilege is limited to when undue hardship would result from a
30 failure to grant the privilege and may be granted only once to any individual during any single
31 period of denial, suspension, revocation, or disqualification, or extension of that denial,
1 suspension, revocation, or disqualification.
2 (c) A limited CDL may not be granted to an individual disqualified under Part 4 of this
3 chapter or whose license has been revoked, suspended, cancelled, or denied under this chapter.
4 Section 11. Section 53-3-221 is amended to read:
5 53-3-221. Offenses which may result in denial, suspension, disqualification, or
6 revocation of license without hearing -- Point system for traffic violations -- Additional
7 grounds for suspension -- Reporting of traffic violation procedures.
8 (1) By following the emergency procedures in Title 63, Chapter 46b, Administrative
9 Procedures Act, the division may immediately deny, suspend, disqualify, or revoke the license of
10 any person without hearing and without receiving a record of the person's conviction of crime
11 when the division has been notified or has reason to believe the person:
12 (a) has committed any offenses for which mandatory suspension or revocation of a license
13 is required upon conviction under Section 53-3-220;
14 (b) has, by reckless or unlawful driving of a motor vehicle, caused or contributed to an
15 accident resulting in death or injury to any other person, or serious property damage;
16 (c) is incompetent to drive a motor vehicle or is afflicted with mental or physical
17 infirmities or disabilities rendering it unsafe for the person to drive a motor vehicle upon the
19 (d) has committed a serious violation of the motor vehicle laws of this state;
20 (e) has permitted an unlawful use of the license as defined in Section 53-3-229; or
21 (f) has been convicted of serious offenses against traffic laws governing the movement of
22 motor vehicles with a frequency that indicates a disrespect for traffic laws and a disregard for the
23 safety of other persons on the highways.
24 (2) (a) The division may suspend the license of a person under Subsection (1) when the
25 person has failed to comply with the terms stated on a traffic citation issued in this state, except
26 this subsection does not apply to highway weight limit violations or violations of law governing
27 the transportation of hazardous materials.
28 (b) This subsection applies to parking and standing violations only if a court has issued
29 a warrant for the arrest of a person for failure to post bail, appear, or otherwise satisfy the terms
30 of the citation.
31 (c) (i) This subsection may not be exercised unless notice of the pending suspension of the
1 driving privilege has been mailed at least ten days previously to the person at the address provided
2 to the division.
3 (ii) After clearance by the division, a report authorized by Section 53-3-104 may not
4 contain any evidence of a suspension that occurred as a result of failure to comply with the terms
5 stated on a traffic citation.
6 (3) (a) The division may suspend the license of a person under Subsection (1) when the
7 division has been notified by a court that the person has an outstanding unpaid fine, an outstanding
8 incomplete restitution requirement, or an outstanding warrant levied by order of a court.
9 (b) The suspension remains in effect until the division is notified by the court that the order
10 has been satisfied.
11 (c) After clearance by the division, a report authorized by Section 53-3-104 may not
12 contain any evidence of the suspension.
13 (4) The division shall make rules establishing a point system as provided for in this
15 (a) (i) The division shall assign a number of points to each type of moving traffic violation
16 as a measure of its seriousness.
17 (ii) The points shall be based upon actual relationships between types of traffic violations
18 and motor vehicle traffic accidents.
19 (b) Every person convicted of a traffic violation shall have assessed against his driving
20 record the number of points that the division has assigned to the type of violation of which the
21 person has been convicted, except that the number of points assessed shall be decreased by 10%
22 if on the abstract of the court record of the conviction the court has graded the severity of violation
23 as minimum, and shall be increased by 10% if on the abstract the court has graded the severity of
24 violation as maximum.
25 (c) (i) A separate procedure for assessing points for speeding offenses shall be established
26 by the division based upon the severity of the offense.
27 (ii) The severity of a speeding violation shall be graded as:
28 (A) "minimum" for exceeding the posted speed limit by up to [
29 (B) "intermediate" for exceeding the posted speed limit by from [
30 per hour; and
31 (C) "maximum" for exceeding the posted speed limit by [
1 (iii) Consideration shall be made for assessment of no points on minimum speeding
2 violations, except for speeding violations in school zones.
3 (d) (i) Points assessed against a person's driving record shall be deleted for violations
4 occurring before a time limit set by the division.
5 (ii) The time limit may not exceed three years.
6 (iii) The division may also delete points to reward violation-free driving for periods of
7 time set by the division.
8 (e) (i) By publication in two newspapers having general circulation throughout the state,
9 the division shall give notice of the number of points it has assigned to each type of traffic
10 violation, the time limit set by the division for the deletion of points, and the point level at which
11 the division will generally take action to deny or suspend under this section.
12 (ii) The division may not change any of the information provided above regarding points
13 without first giving new notice in the same manner.
14 (5) (a) (i) Upon denying or suspending the license of a person under this section, the
15 division shall immediately notify the licensee in writing and afford him an opportunity for a
16 hearing in the county where the licensee resides.
17 (ii) The hearing shall be documented, and the division or its authorized agent may
18 administer oaths, may issue subpoenas for the attendance of witnesses and the production of
19 relevant books and papers, and may require a reexamination of the licensee.
20 (iii) One or more members of the division may conduct the hearing, and any decision made
21 after a hearing before any number of the members of the division is as valid as if made after a
22 hearing before the full membership of the division.
23 (iv) After the hearing the division shall either rescind its order of denial or suspension,
24 extend the denial or suspension of the license, or revoke the license.
25 (b) The denial or suspension of the license remains in effect pending qualifications
26 determined by the division regarding a person:
27 (i) whose license has been denied or suspended following reexamination;
28 (ii) who is incompetent to drive a motor vehicle;
29 (iii) who is afflicted with mental or physical infirmities that might make him dangerous
30 on the highways; or
31 (iv) who may not have the necessary knowledge or skill to drive a motor vehicle safely.
1 (6) (a) The division may suspend or revoke the license of any resident of this state upon
2 receiving notice of the conviction of that person in another state of an offense committed there
3 that, if committed in this state, would be grounds for the suspension or revocation of a license.
4 (b) The division may, upon receiving a record of the conviction in this state of a
5 nonresident driver of a motor vehicle of any offense under the motor vehicle laws of this state,
6 forward a certified copy of the record to the motor vehicle administrator in the state where the
7 person convicted is a resident.
8 (7) (a) The division may suspend or revoke the license of any nonresident to drive a motor
9 vehicle in this state for any cause for which the license of a resident driver may be suspended or
11 (b) Any nonresident who drives a motor vehicle upon a highway when his license has been
12 suspended or revoked by the division is guilty of a class C misdemeanor.
13 (8) (a) The division may not deny or suspend the license of any person for a period of
14 more than one year except:
15 (i) for failure to comply with the terms of a traffic citation under Subsection (2);
16 (ii) upon receipt of a second or subsequent order suspending juvenile driving privileges
17 under Section 53-3-219;
18 (iii) when extending a denial or suspension upon receiving certain records or reports under
19 Subsection 53-3-220 (2); and
20 (iv) for failure to give and maintain owner's or operator's security under Section
22 (b) The division may suspend the license of a person under Subsection (2) until he shows
23 satisfactory evidence of compliance with the terms of the traffic citation.
24 (c) Upon denying, suspending, or revoking a license, the division shall require that all
25 license certificates held by the person be surrendered to the division.
26 (d) At the end of the period of denial or suspension, the certificate surrendered shall be
27 returned to the licensee.
28 (9) (a) By following the emergency procedures in Title 63, Chapter 46b, Administrative
29 Procedures Act, the division may immediately suspend the license of any person without hearing
30 and without receiving a record of his conviction for a crime when the division has reason to
31 believe that the person's license was granted by the division through error or fraud or that the
1 necessary consent for the license has been withdrawn or is terminated.
2 (b) The procedure upon suspension is the same as under Subsection (5), except that after
3 the hearing the division shall either rescind its order of suspension or cancel the license.
4 (10) (a) The division, having good cause to believe that a licensed driver is incompetent
5 or otherwise not qualified to be licensed, may upon written notice of at least five days to the
6 licensee require him to submit to an examination.
7 (b) Upon the conclusion of the examination the division may suspend or revoke the
8 person's license, permit him to retain the license, or grant a license subject to a restriction imposed
9 in accordance with Section 53-3-208.
10 (c) Refusal or neglect of the licensee to submit to an examination is grounds for
11 suspension or revocation of his license.
12 (11) A report authorized by Section 53-3-104 may not contain any evidence of a
13 conviction for speeding on an interstate system in this state if the conviction was for a speed of
15 accident, unless authorized in writing by the individual whose report is being requested.
16 (12) (a) By following the emergency procedures in Title 63, Chapter 46b, Administrative
17 Procedures Act, the division may immediately suspend the license of a person if it has reason to
18 believe that the person is the owner of a motor vehicle for which security is required under Title
19 41, Chapter 12a, Motor Vehicle Financial Responsibility, and has driven the motor vehicle or
20 permitted it to be driven within this state without the security being in effect.
21 (b) [
24 under this Subsection (12).
25 (c) If the division exercises the right of immediate suspension granted under this
26 subsection, the notice and hearing provisions of Subsection (5) apply.
27 (d) A person whose license suspension has been sustained or whose license has been
28 revoked by the division under this subsection may file a request for agency action requesting a
30 (13) Any suspension or revocation of a person's license under this section also disqualifies
31 any license issued to that person under Part 4 of this chapter.
1 Section 12. Section 53-3-231 is amended to read:
2 53-3-231. Person under 21 may not operate vehicle with detectable alcohol in body
3 -- Chemical test procedures -- Temporary license -- Hearing and decision -- Suspension of
4 license or operating privilege -- Fees -- Judicial review.
5 (1) (a) As used in this section "local substance abuse authority" has the same meaning as
6 provided in Section 62A-8-101.
7 (b) Calculations of blood, breath, or urine alcohol concentration under this section shall
8 be made in accordance with the procedures in Subsection 41-6-44(2).
9 (2) (a) A person younger than 21 years of age may not operate or be in actual physical
10 control of a vehicle with any measurable blood, breath, or urine alcohol concentration in his body
11 as shown by a chemical test.
12 (b) (i) A person with a valid operator license who violates Subsection (a), in addition to
13 any other applicable penalties arising out of the incident, shall have his operator license denied or
14 suspended as provided in Subsection (ii).
15 (ii) (A) For a first offense under Subsection (a), the Driver License Division of the
16 Department of Public Safety shall deny the person's operator license if ordered or not challenged
17 under this section for a period of 90 days beginning on the 30th day after the date of the arrest
18 under Section 32A-12-209.
19 (B) For a second or subsequent offense under Subsection (a), within three years of a prior
20 denial or suspension, the Driver License Division shall suspend the person's operator license for
21 a period of one year beginning on the 30th day after the date of arrest.
22 (c) (i) A person who has not been issued an operator license who violates Subsection (a),
23 in addition to any other penalties arising out of the incident, shall be punished as provided in
24 Subsection (ii).
25 (ii) For one year or until he is 17, whichever is longer, a person may not operate a vehicle
26 and the Driver License Division may not issue the person an operator license or learner's permit.
27 (3) (a) When a peace officer has reasonable grounds to believe that a person may be
28 violating or has violated Subsection (2), the peace officer may, in connection with arresting the
29 person for a violation of Section 32A-12-209, request that the person submit to a chemical test or
30 tests to be administered in compliance with the standards under Section 41-6-44.10.
31 (b) The peace officer shall advise a person prior to the person's submission to a chemical
1 test that a test result indicating a violation of Subsection (2)(a) will result in denial or suspension
2 of the person's license to operate a motor vehicle or a refusal to issue a license.
3 (c) If the person submits to a chemical test and the test results indicate a blood, breath, or
4 urine alcohol content in violation of Subsection (2)(a), or if the officer makes a determination,
5 based on reasonable grounds, that the person is otherwise in violation of Subsection (2)(a), the
6 officer directing administration of the test or making the determination shall serve on the person,
7 on behalf of the Driver License Division, immediate notice of the Driver License Division's
8 intention to deny or suspend the person's license to operate a vehicle or refusal to issue a license
9 under Subsection (2).
10 (4) When the officer serves immediate notice on behalf of the Driver License Division,
11 he shall:
12 (a) take the Utah license certificate or permit, if any, of the operator;
13 (b) issue a temporary license certificate effective for only 29 days if the driver had a valid
14 operator's license; and
15 (c) supply to the operator, on a form to be approved by the Driver License Division, basic
16 information regarding how to obtain a prompt hearing before the Driver License Division.
17 (5) A citation issued by the officer may, if approved as to form by the Driver License
18 Division, serve also as the temporary license certificate under Subsection (4)(b).
19 (6) The peace officer serving the notice shall send to the Driver License Division within
20 five days after the date of arrest and service of the notice:
21 (a) the person's driver license certificate, if any;
22 (b) a copy of the citation issued for the offense;
23 (c) a signed report on a form approved by the Driver License Division indicating the
24 chemical test results, if any; and
25 (d) any other basis for the officer's determination that the person has violated Subsection
27 (7) (a) (i) Upon written request, the Driver License Division shall grant to the person an
28 opportunity to be heard within 29 days after the date of arrest under Section 32A-12-209.
29 (ii) The request shall be made within ten days of the date of the arrest.
30 (b) A hearing, if held, shall be before the Driver License Division in the county in which
31 the arrest occurred, unless the Driver License Division and the person agree that the hearing may
1 be held in some other county.
2 (c) The hearing shall be documented and shall cover the issues of:
3 (i) whether a peace officer had reasonable grounds to believe the person was operating a
4 motor vehicle in violation of Subsection (2)(a);
5 (ii) whether the person refused to submit to the test; and
6 (iii) the test results, if any.
7 (d) In connection with a hearing the Driver License Division or its authorized agent may
8 administer oaths and may issue subpoenas for the attendance of witnesses and the production of
9 relevant books and papers.
10 (e) One or more members of the Driver License Division may conduct the hearing.
11 (f) Any decision made after a hearing before any number of the members of the Driver
12 License Division is as valid as if made after a hearing before the full membership of the Driver
13 License Division.
14 (g) After the hearing, the Driver License Division shall order whether the person:
15 (i) with a valid license to operate a motor vehicle will have his license denied or not or
16 suspended or not; or
17 (ii) without a valid operator license will be refused a license under Subsection (2)(c).
18 (h) If the person for whom the hearing is held fails to appear before the Driver License
19 Division as required in the notice, the division shall order whether the person shall have his license
20 denied, suspended, or not denied or suspended, or whether an operator license will be refused or
21 not refused.
22 (8) (a) Following denial or suspension the Driver License Division shall assess against a
23 person, in addition to any fee imposed under Subsection 53-3-205(14), a fee under Section
24 53-3-105, which shall be paid before the person's driving privilege is reinstated, to cover
25 administrative costs. This fee shall be canceled if the person obtains an unappealed Driver License
26 Division hearing or court decision that the suspension was not proper.
27 (b) A person whose operator license has been denied, suspended, or postponed by the
28 Driver License Division under this section may file a petition within 30 days after the suspension
29 for a hearing on the matter which, if held, is governed by Section 53-3-224.
30 (9) After reinstatement of an operator license for a first offense under this section, a report
31 authorized under Section 53-3-104 may not contain evidence of the denial or suspension of the
1 person's operator license under this section if he has not been convicted of any other offense for
2 which the denial or suspension may be extended.
7 Subsection (2)(a) shall be referred by the Driver License Division to the local substance abuse
8 authority for an assessment and recommendation for appropriate action.
9 (b) (i) Reinstatement of the person's operator license or the right to obtain an operator
10 license is contingent upon successful completion of the action recommended by the local substance
11 abuse authority.
12 (ii) The local substance abuse authority's recommended action shall be determined by an
13 assessment of the person's alcohol abuse and may include:
14 (A) a targeted education and prevention program;
15 (B) an early intervention program; or
16 (C) a substance abuse treatment program.
17 (iii) Successful completion of the recommended action shall be determined by standards
18 established by the Division of Substance Abuse.
19 (c) At the conclusion of the penalty period imposed under Subsection (2), the local
20 substance abuse authority shall notify the Driver License Division of the person's status regarding
21 completion of the recommended action.
22 (d) The local substance abuse authorities shall cooperate with the Driver License Division
24 (i) conducting the assessments;
25 (ii) making appropriate recommendations for action; and
26 (iii) notifying the Driver License Division about the person's status regarding completion
27 of the recommended action.
28 (e) (i) The local substance abuse authority is responsible for:
29 (A) the cost of the assessment of the person's alcohol abuse; and
30 (B) for making a referral to an appropriate program on the basis of the findings of the
1 (ii) (A) The person who violated Subsection (2)(a) is responsible for all costs and fees
2 associated with the recommended program to which the person is referred.
3 (B) The costs and fees under Subsection (A) shall be based on a sliding scale consistent
4 with the local substance abuse authority's policies and practices regarding fees for services.
5 Section 13. Repealer.
6 This act repeals:
7 Section 41-12a-412, Proof of owner's or operator's security required to preserve
9 Section 53-3-228, Making false affidavit is perjury.
10 Section 53-3-230, Violation of part -- Misdemeanor.
Legislative Review Note
as of 1-7-97 11:40 AM
A limited legal review of this bill raises no obvious constitutional or statutory concerns.
Office of Legislative Research and General Counsel
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