First Substitute H.B. 209

Representative Brent D. Parker proposes to substitute the following bill:

1 ISSUANCE OF A DRIVERS LICENSE
2 2001 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Brent D. Parker
5 This act modifies the Public Safety Code by amending certain driver license requirements.
6 The act clarifies the penalty for certain driver license violations.
7 This act affects sections of Utah Code Annotated 1953 as follows:
8 AMENDS:
9 53-3-204, as last amended by Chapter 28, Laws of Utah 1999
10 53-3-216, as last amended by Chapter 216, Laws of Utah 1999
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 53-3-204 is amended to read:
13 53-3-204. Persons who may not be licensed.
14 (1) (a) The division may not license a person who:
15 (i) is younger than 16 years of age;
16 (ii) has not completed a course in driver training approved by the commissioner; [and] or
17 (iii) if the person is a minor, [does] has not [complete] completed the driving requirement
18 under Section 53-3-211 .
19 (b) Subsection (1)(a) does not apply to a person:
20 (i) who has been licensed before July 1, 1967; or
21 (ii) who is 16 years of age or older making application for a license who has been licensed
22 in another state or country.
23 (2) The division may not issue a license certificate to a person:
24 (a) whose license has been suspended, denied, cancelled, or disqualified during the period
25 of suspension, denial, cancellation, or disqualification;

26 (b) whose privilege has been revoked, except as provided in Section 53-3-225 ;
27 (c) who has previously been adjudged mentally incompetent and who has not at the time
28 of application been restored to competency as provided by law;
29 (d) who is required by this chapter to take an examination unless the person successfully
30 passes the examination; or
31 (e) whose driving privileges have been denied or suspended under:
32 (i) Section 78-3a-506 by an order of the juvenile court; or
33 (ii) Section 53-3-231 .
34 (3) The division may grant a class D or M license to a person whose commercial license
35 is disqualified under Part 4 of this chapter if the person is not otherwise sanctioned under this
36 chapter.
37 Section 2. Section 53-3-216 is amended to read:
38 53-3-216. Change of address -- Duty of licensee to notify division within ten days --
39 Change of name -- Proof necessary -- Method of giving notice by division.
40 (1) If a person, after applying for or receiving a license, moves from the address named
41 in the application or in the license certificate issued to him, the person shall within ten days of
42 moving, notify the division in writing of his new address and the number of any license certificate
43 held by him.
44 (2) If a person requests to change the surname on the applicant's license, the division shall
45 issue a substitute license with the new name upon receiving an application and fee for a duplicate
46 license and any of the following proofs of the applicant's full legal name:
47 (a) an original or certified copy of the applicant's marriage certificate;
48 (b) a certified copy of a court order under Title 42, Chapter 1, Change of Name, showing
49 the name change;
50 (c) an original or certified copy of a birth certificate issued by a government agency;
51 (d) a certified copy of a divorce decree or annulment granted the applicant that specifies
52 the name change requested; or
53 (e) a certified copy of a divorce decree that does not specify the name change requested
54 together with:
55 (i) an original or certified copy of the applicant's birth certificate;
56 (ii) the applicant's marriage license;

57 (iii) a driver license record showing use of a maiden name; or
58 (iv) other documentation the division finds acceptable.
59 (3) (a) If the division is authorized or required to give any notice under this chapter or
60 other law regulating the operation of vehicles, the notice shall, unless otherwise prescribed, be
61 given by:
62 (i) personal delivery to the person to be notified; or
63 (ii) deposit in the United States mail with postage prepaid, addressed to the person at his
64 address as shown by the records of the division.
65 (b) The giving of notice by mail is complete upon the expiration of four days after the
66 deposit of the notice.
67 (c) Proof of the giving of notice in either manner may be made by the certificate of any
68 officer or employee of the division or affidavit of any person older than 18 years of age, naming
69 the person to whom the notice was given and specifying the time, place, and manner of giving the
70 notice.
71 (4) The division may use state mailing or United States Postal Service information to:
72 (a) verify an address on an application or on records of the division; and
73 (b) correct mailing addresses in the division's records.
74 (5) A violation of the provisions of Subsection (1) is an infraction.