S.B. 96 Enrolled

COMMERCIAL DRIVERS LICENSE MEDICAL
WAIVERS
2001 GENERAL SESSION
STATE OF UTAH
Sponsor: Ed P. Mayne
This act modifies the Public Safety Code by amending provisions related to person applying
for a medical waiver related to an intrastate commercial driving privilege.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
53-3-303.5, as last amended by Chapter 74, Laws of Utah 1999
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 53-3-303.5 is amended to read:
53-3-303.5. Driver License Medical Advisory Board -- Medical waivers.
(1) The Driver License Medical Advisory Board shall:
(a) advise the director of the division; and
(b) establish and recommend written functional ability profile guidelines and standards for
determining the physical, mental, and emotional capabilities of applicants for specific types of
licenses, appropriate to various driving abilities.
(2) (a) The Driver License Medical Advisory Board shall establish fitness standards,
including provisions for a waiver of specified federal driver's physical qualifications under 49 CFR
391.41, for intrastate commercial [driver licenses under Title 53, Chapter 3, Part 4, Uniform
Commercial Driver License Act] driving privileges.
(b) The standards under this Subsection (2) may only be implemented if the United States
Department of Transportation (USDOT) will not impose any sanctions, including funding
sanctions, against the state of Utah.
(3) In case of uncertainty of interpretation of these guidelines and standards, or in special
circumstances, applicants may request a review of any division decision by a panel of board
members. All of the actions of the director and board are subject to judicial review.
(4) (a) If [the applicant for an intrastate commercial driver license under Subsection (2)

applies for the license under a waiver program] a person applies for a waiver established under
Subsection (2), the applicant shall bear any costs directly associated with the cost of administration
of the waiver program, with respect to the applicant's application, in addition to any fees required
under Section 53-3-105 .
(b) The division shall establish any additional fee necessary to administer the license under
this Subsection (4) in accordance with Section 63-38-3.2 .

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