S.B. 125

1

HARDSHIP DRIVER PERMIT FOR YOUTH
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Leonard M. Blackham
5 AN ACT RELATING TO PUBLIC SAFETY; PROVIDING FOR THE ISSUANCE OF A
6 RESTRICTED HARDSHIP PERMIT FOR CERTAIN PERSONS UNDER 16 YEARS OF
7 AGE; DEFINING TERMS; ESTABLISHING RESTRICTIONS, EXPIRATION, AND
8 REVOCATION.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 41-8-1, as last amended by Chapter 162, Laws of Utah 1987
12 ENACTS:
13 53-3-210.5, Utah Code Annotated 1953
14 Be it enacted by the Legislature of the state of Utah:
15 Section 1. Section 41-8-1 is amended to read:
16 41-8-1. Operation of vehicle by persons under 16 prohibited -- Exceptions for
17 off-highway vehicles and off-highway implements of husbandry.
18 (1) [No] Except as provided under Section 53-3-210, 53-3-210.5, or 53A-13-208, a person
19 under 16 years of age, whether resident or nonresident of this state, may not operate a motor
20 vehicle upon any highway of this state.
21 (2) This section does not apply to:
22 (a) persons operating off-highway vehicles registered under Section 41-22-3 either:
23 (i) on a highway designated as open for off-highway vehicle use; or
24 (ii) in the manner prescribed by Section 41-22-10.3; or
25 (b) persons operating off-highway implements of husbandry in the manner prescribed by
26 Subsections 41-22-5.5 (3) through (5).
27 Section 2. Section 53-3-210.5 is enacted to read:

1 53-3-210.5. Restricted hardship permits -- Definitions -- Issuance -- Restrictions --
2 Duration -- Revocation.
3 (1) As used in this section, "hardship" means:
4 (a) a person must drive to a school that is more than five miles or a bus stop that is more
5 than one mile from the person's residence;
6 (b) a person must drive to a regular job that is more than five miles from the person's
7 residence and is in an unincorporated area; or
8 (c) any other circumstance that the law enforcement agencies under Subsection (2)(b)
9 jointly find to be a hardship.
10 (2) The division may issue a one-time restricted hardship permit to a person at least 14
11 years of age and less than 16 years of age upon receiving:
12 (a) an application and payment of the same fees required for an original provisional license
13 established in Section 53-3-105; and
14 (b) an affidavit of hardship upon a form furnished by the division, signed by the parent or
15 guardian having custody of the applicant including a finding that a hardship exists by the officer
16 in charge of the nearest office of the Utah Highway Patrol.
17 (3) (a) In addition to the limitations under this section, an applicant for a restricted
18 hardship permit is subject to the same requirements under this chapter as if the applicant were 16
19 years of age applying for an original provisional license, including driver education requirements,
20 written and skills testing, and physical and mental fitness standards.
21 (b) Except as provided in this section, a holder of a restricted hardship permit is considered
22 under all applicable motor vehicle laws of this state, as if the holder were 16 years of age holding
23 a provisional license.
24 (4) A restricted hardship permit allows the holder, while having the permit in the holder's
25 immediate possession, to operate a class D motor vehicle only:
26 (a) between the hours of 5:00 a.m. and 8:00 p.m.;
27 (b) within 50 miles of the holder's home; and
28 (c) at the direction of the parent or guardian having custody of the permit holder.
29 (5) (a) Except under Subsection (5)(b), a restricted hardship permit is valid for up to two
30 years or until the holder is issued a license under this chapter, whichever is sooner.
31 (b) The division shall immediately revoke from a person, all driving privileges granted

- 2 -

1 under this section, upon receiving a record of a conviction for any reportable violation as defined
2 in Section 53-3-102 or any driving restriction under this section.




Legislative Review Note
as of 1-9-97 1:38 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

- 3 -