Download Zipped Enrolled WP 9 HB0108.ZIP
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H.B. 108 Enrolled
Katherine M. Bryson
Greg J. Curtis
Brad L. DeeAnn W. Hardy
Wayne A. Harper
Gregory H. Hughes
Rebecca D. Lockhart
Michael T. MorleyJoseph G. Murray
Merlynn T. Newbold
Bradley A. Winn This act modifies the Public Safety Code and the State System of Public Education Code
by amending driver education provisions. This act allows certain interactive driving
simulation devices to be used to substitute for up to three of the six hours of
behind-the-wheel driving required for a driver education course at the rate of two hours
of practice on an interactive driving simulation device equals one hour of
behind-the-wheel driving. This act also allows up to five hours completed by driving
simulation practice to be used toward the total behind-the-wheel hours that a parent
must certify before a minor can obtain a provisional driver license. This act requires the
same behind-the-wheel driving hours for both private driver education schools and
public education driver education courses. This act makes technical changes. This act
takes effect on July 1, 2003.
This act affects sections of Utah Code Annotated 1953 as follows:
53-3-211, as last amended by Chapters 28 and 216, Laws of Utah 1999
53-3-505, as renumbered and amended by Chapter 234, Laws of Utah 1993
53A-13-201, as last amended by Chapter 29, Laws of Utah 1999
53-3-505.5, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 53-3-211 is amended to read:
53-3-211. Application of minors -- Liability of person signing application --
Cancellation of cosigning adult's liability -- Behind-the-wheel driving certification.
(1) As used in this section, "minor" means any person younger than 18 years of age who
is not married or has not been emancipated by adjudication.
(2) (a) The application of a minor for a temporary learner permit, practice permit, or
provisional license shall be signed by the parent or guardian of the applicant.
(b) If the minor applicant does not have a parent or guardian, then a responsible adult
who is willing to assume the obligation imposed under this chapter may sign the application.
(3) (a) Except as provided in Subsection (4), the liability of a minor for civil
compensatory damages caused when operating a motor vehicle upon a highway is imputed to the
person who has signed the application of the minor under Subsection (2).
(b) The person who has signed the application under Subsection (2) is jointly and
severally liable with the minor as provided in Subsections (3)(a) and (c).
(c) The liability imposed under Subsections (3)(a) and (b) is limited to the policy
minimum limits established in Section 31A-22-304 .
(d) The liability provisions in this Subsection (3) are in addition to the liability
provisions in Section 53-3-212 .
(4) If owner's or operator's security covering the minor's operation of the motor vehicle is
in effect in amounts as required under Section 31A-22-304 , the person who signed the minor's
application under Subsection (2) is not subject to the liability imposed under Subsection (3).
(5) (a) A person who has signed the application of a minor under Subsection (2) may file
with the division a verified written request that the permit or license of the minor be canceled.
(b) The division shall then cancel the permit or license of the minor, and the person who
signed the application of the minor under Subsection (2) is relieved from the liability imposed
under Subsection (3) or the minor operating a motor vehicle subsequent to the cancellation.
(6) (a) The division upon receipt of satisfactory evidence of the death of the person who
signed the application of a minor under Subsection (2) shall cancel the permit or license and may
not issue a new permit or license until a new application, signed and verified, is made under this
(b) This Subsection (6) does not apply to an application of a person who is no longer a
(7) (a) In addition to the liability assumed under this section, the person who signs the
application of a minor for a provisional license must certify that the minor applicant, under the
authority of a permit issued under this chapter, has completed at least 30 hours of driving a motor
vehicle, of which at least ten hours shall be during night hours after sunset.
(b) The hours of driving a motor vehicle [
(i) hours completed in a driver education course as required under Subsection
53-3-505.5 (1); and
(ii) up to five hours completed by driving simulation practice on a fully interactive
driving simulation device at the substitution rate provided under Subsection 53-3-505.5 (2)(b).
Section 2. Section 53-3-505 is amended to read:
53-3-505. School license -- Contents of rules.
Act, the commissioner shall make rules regarding the requirements for:
(a) a school license, including requirements concerning:
(iii) courses of instruction;
(v) previous records of the school and instructors;
(vi) financial statements;
(vii) schedule of fees and charges;
(viii) character and reputation of the operators and instructors;
(ix) insurance as the commissioner determines necessary to protect the interests of the
(x) other provisions the commissioner may prescribe for the protection of the public; and
(b) an instructor's license, including requirements concerning:
(i) moral character;
(ii) physical condition;
(iii) knowledge of the courses of instruction;
(iv) motor vehicle laws and safety principles and practices;
(v) previous personnel and employment records; and
(vi) other provisions the commissioner may prescribe for the protection of the public;
(c) applications for licenses[
(d) minimum standards for:
(i) driving simulation devices that are fully interactive under Subsection
53-3-505.5 (2)(b); and
(ii) driving simulation devices that are not fully interactive under Subsection
(2) Rules made by the commissioner shall require that a commercial driver training
school offering motorcycle rider education meet or exceed the standards established by the
Motorcycle Safety Foundation.
(3) Rules made by the commissioner shall require that an instructor of motorcycle rider
education meet or exceed the standards for certification established by the Motorcycle Safety
(4) The commissioner may call upon the state superintendent of public instruction for
assistance in formulating appropriate rules.
Section 3. Section 53-3-505.5 is enacted to read:
53-3-505.5. Behind-the-wheel training requirements.
(1) Except as provided under Subsection (2), a driver education course under this part or
Title 53A, Chapter 13, Part 2, Driver Education Classes that is used to satisfy the driver training
requirement under Section 53-3-204 shall require each student to complete at least six hours of
behind-the-wheel driving a dual-control motor vehicle with a certified instructor seated in the
front seat next to the student driver.
(2) Up to three hours of the behind-the-wheel driving may be substituted as follows:
(a) two hours of range driving on an approved driving range under Section 53A-13-201
equals one hour of the behind-the-wheel driving required under Subsection (1);
(b) two hours of driving simulation practice on a driving simulation device that is fully
interactive as set forth in rules made under Section 53-3-505 , equals one hour of the
behind-the-wheel driving required under Subsection (1); and
(c) four hours of driving simulation practice on a driving simulation device that is not
fully interactive as set forth in rules made under Section 53-3-505 , equals one hour of the
behind-the-wheel driving required under Subsection (1), with a maximum of one hour of the
behind-the-wheel driving required under Subsection (1) that may be substituted under this
(3) The behind-the-wheel driving required under Subsection (1) shall include, if feasible,
driving on interstate and other multilane highways.
Section 4. Section 53A-13-201 is amended to read:
53A-13-201. Driver education established by school districts.
(1) As used in this part:
(a) "driver education" includes classroom instruction and driving and observation in a
dual-controlled motor vehicle; and
(b) "driving" or "behind-the-wheel driving" means operating a dual-controlled motor
vehicle under the supervision of [
(2) (a) Local school districts may establish and maintain driver education [
(b) A school that provides driver education shall provide opportunity for each pupil
enrolled in that school to take the written test and be issued a practice permit when the pupil is 15
years and nine months of age.
(3) The purpose of driver education is to help develop the knowledge, attitudes, habits,
and skills necessary for the safe operation of motor vehicles.
Act, the State Board of Education shall [
offered in the public schools.
(5) The rules under Subsection (4) shall:
(a) require at least one hour of classroom training on the subject of railroad crossing
safety for each driver education pupil[
(b) establish minimum standards for approved driving ranges under Section 53-3-505.5 .
53-3-505.5 apply to any behind-the-wheel driving training provided as part of driver education
offered under this part and used to satisfy the driver training requirement under Section 53-3-204
Section 5. Effective date.
This act takes effect on July 1, 2003.
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