H.B. 343

1

PRACTICE PERMIT REQUIREMENT
2 AMENDMENTS
3 2004 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Roger E. Barrus
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Public Safety Code and the State System of Public Education
10 Code to amend the age limit for a practice permit to operate a motor vehicle.
11 Highlighted Provisions:
12 This bill:
13 . changes the age limit for a student to obtain a practice permit from 15 years and
14 nine months to 15 years and six months of age and increases the length of the
15 validity of practice permits from six to nine months;
16 . increases the application period for a class D driver license from six to nine months;
17 . increases the hours of required driving with a parent or guardian prior to obtaining a
18 driver license;
19 . allows a school or school district that provides driver education to provide an
20 opportunity for each pupil enrolled in that school or school district to be issued a
21 practice permit when the pupil is 15 years and six months of age;
22 . allows a certified driver education teacher to issue a practice permit when the pupil
23 is 15 years and six months of age; and
24 . makes technical changes.
25 Monies Appropriated in this Bill:
26 None
27 Other Special Clauses:

28 This bill takes effect on July 1, 2004.
29 Utah Code Sections Affected:
30 AMENDS:
31 53-3-205, as last amended by Chapter 30, Laws of Utah 2003
32 53-3-210, as last amended by Chapter 85, Laws of Utah 2001
33 53-3-211, as last amended by Chapter 121, Laws of Utah 2003
34 53A-13-201, as last amended by Chapter 121, Laws of Utah 2003
35 53A-13-208, as last amended by Chapter 28, Laws of Utah 1999
36
37 Be it enacted by the Legislature of the state of Utah:
38 Section 1. Section 53-3-205 is amended to read:
39 53-3-205. Application for license or endorsement -- Fee required -- Tests --
40 Expiration dates of licenses and endorsements -- Information required -- Previous
41 licenses surrendered -- Driving record transferred from other states -- Reinstatement --
42 Fee required -- License agreement.
43 (1) An application for any original license, provisional license, or endorsement shall
44 be:
45 (a) made upon a form furnished by the division; and
46 (b) accompanied by a nonrefundable fee set under Section 53-3-105 .
47 (2) An application and fee for an original provisional class D license or an original
48 class D license entitle the applicant to:
49 (a) not more than three attempts to pass both the knowledge and skills tests for a class
50 D license within [six] nine months of the date of the application;
51 (b) a learner permit if needed after the knowledge test is passed; and
52 (c) an original class D license and license certificate after all tests are passed.
53 (3) An application and fee for an original class M license entitle the applicant to:
54 (a) not more than three attempts to pass both the knowledge and skills tests for a class
55 M license within six months of the date of the application;
56 (b) a learner permit if needed after the knowledge test is passed; and
57 (c) an original class M license and license certificate after all tests are passed.
58 (4) An application and fee for a motorcycle or taxicab endorsement entitle the

59 applicant to:
60 (a) not more than three attempts to pass both the knowledge and skills tests within six
61 months of the date of the application;
62 (b) a motorcycle learner permit if needed after the motorcycle knowledge test is
63 passed; and
64 (c) a motorcycle or taxicab endorsement when all tests are passed.
65 (5) An application and fees for a commercial class A, B, or C license entitle the
66 applicant to:
67 (a) not more than two attempts to pass a knowledge test and not more than two
68 attempts to pass a skills test within six months of the date of the application;
69 (b) a commercial driver instruction permit if needed after the knowledge test is passed;
70 and
71 (c) an original commercial class A, B, or C license and license certificate when all
72 applicable tests are passed.
73 (6) An application and fee for a CDL endorsement entitle the applicant to:
74 (a) not more than two attempts to pass a knowledge test and not more than two
75 attempts to pass a skills test within six months of the date of the application; and
76 (b) a CDL endorsement when all tests are passed.
77 (7) If a CDL applicant does not pass a knowledge test, skills test, or an endorsement
78 test within the number of attempts provided in Subsection (5) or (6), each test may be taken
79 two additional times within the six months for the fee provided in Section 53-3-105 .
80 (8) (a) An original license expires on the birth date of the applicant in the fifth year
81 following the year the license certificate was issued.
82 (b) A renewal or an extension to a license expires on the birth date of the licensee in
83 the fifth year following the expiration date of the license certificate renewed or extended.
84 (c) A duplicate license expires on the same date as the last license certificate issued.
85 (d) An endorsement to a license expires on the same date as the license certificate
86 regardless of the date the endorsement was granted.
87 (e) A license and any endorsement to the license held by a person ordered to active
88 duty and stationed outside Utah in any of the armed forces of the United States, which expires
89 during the time period the person is stationed outside of the state, is valid until 90 days after the

90 person has been discharged or has left the service, unless the license is suspended, disqualified,
91 denied, or has been cancelled or revoked by the division, or the licensee updates the
92 information or photograph on the license certificate.
93 (9) (a) In addition to the information required by Title 63, Chapter 46b, Administrative
94 Procedures Act, for requests for agency action, each applicant shall have a Utah residence
95 address and each applicant shall:
96 (i) provide the applicant's:
97 (A) full legal name;
98 (B) birth date;
99 (C) gender;
100 (D) between July 1, 2002 and July 1, 2007, race in accordance with the categories
101 established by the United States Census Bureau;
102 (E) Social Security number or temporary identification number (ITIN) issued by the
103 Internal Revenue Service for a person who does not qualify for a Social Security number; and
104 (F) Utah residence address of the applicant;
105 (ii) provide a description of the applicant;
106 (iii) state whether the applicant has previously been licensed to drive a motor vehicle
107 and, if so, when and by what state or country;
108 (iv) state whether the applicant has ever had any license suspended, cancelled, revoked,
109 disqualified, or denied in the last six years, or whether the applicant has ever had any license
110 application refused, and if so, the date of and reason for the suspension, cancellation,
111 revocation, disqualification, denial, or refusal;
112 (v) state whether the applicant intends to make an anatomical gift under Title 26,
113 Chapter 28, Uniform Anatomical Gift Act, in compliance with Subsection (16);
114 (vi) provide all other information the division requires; and
115 (vii) sign the application which signature may include an electronic signature as
116 defined in Section 46-4-102 .
117 (b) The division shall maintain on its computerized records an applicant's:
118 (i) Social Security number; or
119 (ii) temporary identification number (ITIN).
120 (c) An applicant may not be denied a license for refusing to provide race information

121 required under Subsection (9)(a)(i)(D).
122 (10) The division shall require proof of every applicant's name, birthdate, and
123 birthplace by at least one of the following means:
124 (a) current license certificate;
125 (b) birth certificate;
126 (c) Selective Service registration; or
127 (d) other proof, including church records, family Bible notations, school records, or
128 other evidence considered acceptable by the division.
129 (11) When an applicant receives a license in another class, all previous license
130 certificates shall be surrendered and canceled. However, a disqualified commercial license may
131 not be canceled unless it expires before the new license certificate is issued.
132 (12) (a) When an application is received from a person previously licensed in another
133 state to drive a motor vehicle, the division shall request a copy of the driver's record from the
134 other state.
135 (b) When received, the driver's record becomes part of the driver's record in this state
136 with the same effect as though entered originally on the driver's record in this state.
137 (13) An application for reinstatement of a license after the suspension, cancellation,
138 disqualification, denial, or revocation of a previous license shall be accompanied by the
139 additional fee or fees specified in Section 53-3-105 .
140 (14) A person who has an appointment with the division for testing and fails to keep
141 the appointment or to cancel at least 48 hours in advance of the appointment shall pay the fee
142 under Section 53-3-105 .
143 (15) A person who applies for an original license or renewal of a license agrees that the
144 person's license is subject to any suspension or revocation authorized under this title or Title
145 41, Motor Vehicles.
146 (16) (a) The indication of intent under Subsection (9)(a)(v) shall be authenticated by
147 the licensee in accordance with division rule.
148 (b) (i) Notwithstanding Title 63, Chapter 2, Government Records Access and
149 Management Act, the division may, upon request, release to an organ procurement
150 organization, as defined in Section 26-28-2 , the names and addresses of all persons who under
151 Subsection (9)(a)(v) indicate that they intend to make an anatomical gift.

152 (ii) An organ procurement organization may use released information only to:
153 (A) obtain additional information for an anatomical gift registry; and
154 (B) inform licensees of anatomical gift options, procedures, and benefits.
155 (17) The division and its employees are not liable, as a result of false or inaccurate
156 information provided under Subsection (9)(a)(v), for direct or indirect:
157 (a) loss;
158 (b) detriment; or
159 (c) injury.
160 Section 2. Section 53-3-210 is amended to read:
161 53-3-210. Temporary learner permit -- Instruction permit -- Commercial driver
162 instruction permit -- Practice permit.
163 (1) (a) The division upon receiving an application for a class D or M license from a
164 person 16 years of age or older may issue a temporary learner permit after the person has
165 successfully passed all parts of the examination not involving actually driving a motor vehicle.
166 (b) The temporary learner permit allows the applicant, while having the permit in the
167 applicant's immediate possession, to drive a motor vehicle upon the highways for six months
168 from the date of the application in conformance with the restrictions indicated on the permit.
169 (2) (a) The division, upon receiving an application, may issue an instruction permit
170 effective for one year to an applicant who is enrolled in a driver education program that
171 includes practice driving, if the program is approved by the State Board of Education or the
172 division, even though the applicant has not reached the legal age to be eligible for a license.
173 (b) The instruction permit entitles the applicant, while having the permit in his
174 immediate possession, to drive a motor vehicle, only if an approved instructor is occupying a
175 seat beside the applicant or in accordance with the requirements of Subsections (4) and
176 53A-13-208 (4).
177 (3) The division may issue a commercial driver instruction permit under Title 53,
178 Chapter 3, Part 4, Uniform Commercial Driver License Act.
179 (4) (a) The division shall issue a practice permit to an applicant who:
180 (i) is at least 15 years and [nine] six months of age;
181 (ii) has been issued an instruction permit under this section;
182 (iii) is enrolled in a driver education program or has successfully completed a driver

183 education course in a:
184 (A) commercial driver training school licensed under Title 53, Chapter 3, Part 5,
185 Commercial Driver Training Schools Act; or
186 (B) driver education program approved by the division;
187 (iv) has passed the knowledge test required by the division;
188 (v) has passed the physical and mental fitness tests; and
189 (vi) has submitted the nonrefundable fee for a class D license.
190 (b) The division shall supply the practice permit form. The form shall include the
191 following information:
192 (i) the [person's] applicant's full name, date of birth, sex, home address, height, weight,
193 and eye color;
194 (ii) the name of the school providing the driver education course;
195 (iii) the dates of issuance and expiration of the permit;
196 (iv) the statutory citation authorizing the permit; and
197 (v) the conditions and restrictions contained in this section for operating a class D
198 motor vehicle.
199 (c) The practice permit is valid for up to [six] nine months from the date of issuance.
200 The practice permit allows the person, while having the permit in the applicant's immediate
201 possession, to operate a class D motor vehicle when the person's parent, legal guardian, or adult
202 spouse, who must be a licensed driver, is occupying a seat next to the person.
203 (d) If an applicant has been issued a practice permit by the division, the applicant may
204 obtain an original or provisional class D license from the division upon passing the written and
205 skills [test] tests administered by the division and reaching 16 years of age.
206 Section 3. Section 53-3-211 is amended to read:
207 53-3-211. Application of minors -- Liability of person signing application --
208 Cancellation of cosigning adult's liability -- Behind-the-wheel driving certification.
209 (1) As used in this section, "minor" means any person younger than 18 years of age
210 who is not married or has not been emancipated by adjudication.
211 (2) (a) The application of a minor for a temporary learner permit, practice permit, or
212 provisional license shall be signed by the parent or guardian of the applicant.
213 (b) If the minor applicant does not have a parent or guardian, then a responsible adult

214 who is willing to assume the obligation imposed under this chapter may sign the application.
215 (3) (a) Except as provided in Subsection (4), the liability of a minor for civil
216 compensatory damages caused when operating a motor vehicle upon a highway is imputed to
217 the person who has signed the application of the minor under Subsection (2).
218 (b) The person who has signed the application under Subsection (2) is jointly and
219 severally liable with the minor as provided in Subsections (3)(a) and (c).
220 (c) The liability imposed under Subsections (3)(a) and (b) is limited to the policy
221 minimum limits established in Section 31A-22-304 .
222 (d) The liability provisions in this Subsection (3) are in addition to the liability
223 provisions in Section 53-3-212 .
224 (4) If owner's or operator's security covering the minor's operation of the motor vehicle
225 is in effect in amounts as required under Section 31A-22-304 , the person who signed the
226 minor's application under Subsection (2) is not subject to the liability imposed under
227 Subsection (3).
228 (5) (a) A person who has signed the application of a minor under Subsection (2) may
229 file with the division a verified written request that the permit or license of the minor be
230 canceled.
231 (b) The division shall then cancel the permit or license of the minor, and the person
232 who signed the application of the minor under Subsection (2) is relieved from the liability
233 imposed under Subsection (3) or the minor operating a motor vehicle subsequent to the
234 cancellation.
235 (6) (a) The division upon receipt of satisfactory evidence of the death of the person
236 who signed the application of a minor under Subsection (2) shall cancel the permit or license
237 and may not issue a new permit or license until a new application, signed and verified, is made
238 under this chapter.
239 (b) This Subsection (6) does not apply to an application of a person who is no longer a
240 minor.
241 (7) (a) In addition to the liability assumed under this section, the person who signs the
242 application of a minor for a provisional license must certify that the minor applicant, under the
243 authority of a permit issued under this chapter, has completed at least [30] 40 hours of driving a
244 motor vehicle, of which at least ten hours shall be during night hours after sunset.

245 (b) The hours of driving a motor vehicle required under Subsection (7)(a) may include:
246 (i) hours completed in a driver education course as required under Subsection
247 53-3-505.5 (1); and
248 (ii) up to five hours completed by driving simulation practice on a fully interactive
249 driving simulation device at the substitution rate provided under Subsection 53-3-505.5 (2)(b).
250 Section 4. Section 53A-13-201 is amended to read:
251 53A-13-201. Driver education established by school districts.
252 (1) As used in this part:
253 (a) "driver education" includes classroom instruction and driving and observation in a
254 dual-controlled motor vehicle; and
255 (b) "driving" or "behind-the-wheel driving" means operating a dual-controlled motor
256 vehicle under the supervision of a certified instructor.
257 (2) (a) Local school districts may establish and maintain driver education for pupils.
258 (b) A school or local school district that provides driver education shall provide an
259 opportunity for each pupil enrolled in that school or local school district to take the written test
260 and be issued a practice permit when the pupil is 15 years and nine months of age.
261 (c) Notwithstanding the provisions of Subsection (2)(b), a school or local school
262 district that provides driver education may provide an opportunity for each pupil enrolled in
263 that school or school district to be issued a practice permit when the pupil is 15 years and six
264 months of age.
265 (3) The purpose of driver education is to help develop the knowledge, attitudes, habits,
266 and skills necessary for the safe operation of motor vehicles.
267 (4) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
268 State Board of Education shall make rules for driver education offered in the public schools.
269 (5) The rules under Subsection (4) shall:
270 (a) require at least one hour of classroom training on the subject of railroad crossing
271 safety for each driver education pupil; and
272 (b) establish minimum standards for approved driving ranges under Section
273 53-3-505.5 .
274 (6) The requirements of Section 53-3-505.5 apply to any behind-the-wheel driving
275 training provided as part of driver education offered under this part and used to satisfy the

276 driver training requirement under Section 53-3-204 .
277 Section 5. Section 53A-13-208 is amended to read:
278 53A-13-208. Driver education teachers certified as license examiners.
279 (1) The Driver License Division of the Department of Public Safety and the State
280 Board of Education through the State Office of Education shall establish procedures and
281 standards to certify teachers of driver education classes under this part to administer written
282 and driving tests and to issue practice permits.
283 (2) The division is the certifying authority.
284 (3) (a) A teacher certified under this section shall give written and driving tests
285 designed for driver education classes authorized under this part.
286 (b) The Driver License Division shall, in conjunction with the State Office of
287 Education, establish minimal standards for the driver education class tests that are at least as
288 difficult as those required to receive a class D operator's license under Title 53, Chapter 3,
289 Uniform Drivers License Act.
290 (c) A student who passes the written test but fails the driving test given by a teacher
291 certified under this section may apply for a class D operator's license under Title 53, Chapter 3,
292 Part 2, Driver Licensing Act, and complete the driving test at a Driver License Division office.
293 (4) (a) A certified driver education teacher shall issue a practice permit to a student
294 who:
295 (i) is at least 15 years and nine months of age;
296 (ii) passes the written test given by the teacher under this section; [and]
297 (iii) has been issued an instruction permit under Subsection 53-3-210 (2)[.]; and
298 (iv) has passed the physical and mental fitness tests as required by the division.
299 (b) Notwithstanding the provisions of Subsection (4)(a)(i), a certified driver education
300 teacher may issue a practice permit to a student who is at least 15 years and six months of age
301 and who meets the requirements of Subsections (4)(a)(ii) and (iii).
302 [(b)] (c) The State Office of Education shall supply the practice permit form. The form
303 shall include the following information:
304 (i) the student's full name, date of birth, sex, home address, height, weight, and eye
305 color;
306 (ii) the name of the school or local school district providing the driver education

307 program;
308 (iii) the name and signature of [the] a driver education teacher;
309 (iv) the dates of issuance and expiration of the permit;
310 (v) the statutory citation authorizing the permit; and
311 (vi) the conditions and restrictions contained in this section for operating a class D
312 motor vehicle.
313 [(c)] (d) The practice permit is valid for up to [six] nine months from the date of
314 issuance. The practice permit allows the student to operate a class D motor vehicle when the
315 student's parent, legal guardian, or adult spouse, who must be a licensed driver, is occupying a
316 seat next to the student.
317 [(d)] (e) A student shall have the practice permit in his immediate possession at all
318 times when operating a motor vehicle under this section.
319 (5) A student who successfully passes the tests given by a certified driver education
320 teacher under this section satisfies the written and driving parts of the test required for a class D
321 operator's license.
322 (6) The Driver License Division and the State Board of Education shall establish
323 procedures to enable school districts to administer or process any tests for students to receive a
324 class D operator's license.
325 (7) The division and board shall establish the standards and procedures required under
326 this section by rules made in accordance with Title 63, Chapter 46a, Utah Administrative
327 Rulemaking Act.
328 Section 6. Effective date.
329 This bill takes effect on July 1, 2004.




Legislative Review Note
as of 2-10-04 10:17 AM

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

Office of Legislative Research and General Counsel