H.B. 140

1

AMENDMENTS TO COMMERCIAL DRIVER
2 LICENSE PROVISIONS
3 2006 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Jeff Alexander
6 Senate Sponsor: Curtis S. Bramble
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Uniform Driver License Act by amending provisions relating to
11 qualifications for a commercial driver license.
12 Highlighted Provisions:
13 This bill:
14 . defines CDL driver training school;
15 . provides that a temporary CDL may be issued to a person who:
16 . is enrolled in a CDL driver training school located in Utah;
17 . has passed a test of knowledge and skills for driving a commercial motor
18 vehicle; and
19 . has complied with certain federal regulations;
20 . provides that a temporary CDL is valid for 60 days and may not be renewed or
21 extended;
22 . provides that an applicant for a temporary CDL is not required to be a Utah resident
23 or provide a Utah residential address; and
24 . makes technical changes.
25 Monies Appropriated in this Bill:
26 None
27 Other Special Clauses:

28 None
29 Utah Code Sections Affected:
30 AMENDS:
31 53-3-204, as last amended by Chapter 20, Laws of Utah 2005
32 53-3-205, as last amended by Chapters 20 and 34, Laws of Utah 2005
33 53-3-407, as renumbered and amended by Chapter 234, Laws of Utah 1993
34 53-3-410, as last amended by Chapter 220, Laws of Utah 2005
35
36 Be it enacted by the Legislature of the state of Utah:
37 Section 1. Section 53-3-204 is amended to read:
38 53-3-204. Persons who may not be licensed.
39 (1) (a) The division may not license a person who:
40 (i) is younger than 16 years of age;
41 (ii) has not completed a course in driver training approved by the commissioner; or
42 (iii) if the person is a minor, has not completed the driving requirement under Section
43 53-3-211 ; or
44 (iv) is not a resident of the state of Utah, unless the person is issued a temporary CDL
45 under Subsection 53-3-407 (2)(b).
46 (b) Subsections (1)(a)(i), (ii), and (iii) do not apply to a person:
47 (i) who has been licensed before July 1, 1967;
48 (ii) who is 16 years of age or older making application for a license who has been
49 licensed in another state or country; or
50 (iii) who is applying for a permit under Section 53-3-210 or 53A-13-208 .
51 (2) The division may not issue a license certificate to a person:
52 (a) whose license has been suspended, denied, cancelled, or disqualified during the
53 period of suspension, denial, cancellation, or disqualification;
54 (b) whose privilege has been revoked, except as provided in Section 53-3-225 ;
55 (c) who has previously been adjudged mentally incompetent and who has not at the
56 time of application been restored to competency as provided by law;
57 (d) who is required by this chapter to take an examination unless the person
58 successfully passes the examination; or

59 (e) whose driving privileges have been denied or suspended under:
60 (i) Section 78-3a-506 by an order of the juvenile court; or
61 (ii) Section 53-3-231 .
62 (3) The division may grant a class D or M license to a person whose commercial
63 license is disqualified under Part 4, Uniform Commercial Driver License Act, of this chapter if
64 the person is not otherwise sanctioned under this chapter.
65 Section 2. Section 53-3-205 is amended to read:
66 53-3-205. Application for license or endorsement -- Fee required -- Tests --
67 Expiration dates of licenses and endorsements -- Information required -- Previous
68 licenses surrendered -- Driving record transferred from other states -- Reinstatement --
69 Fee required -- License agreement.
70 (1) An application for any original license, provisional license, or endorsement shall
71 be:
72 (a) made upon a form furnished by the division; and
73 (b) accompanied by a nonrefundable fee set under Section 53-3-105 .
74 (2) An application and fee for an original provisional class D license or an original
75 class D license entitle the applicant to:
76 (a) not more than three attempts to pass both the knowledge and skills tests for a class
77 D license within six months of the date of the application;
78 (b) a learner permit if needed after the knowledge test is passed; and
79 (c) an original class D license and license certificate after all tests are passed.
80 (3) An application and fee for an original class M license entitle the applicant to:
81 (a) not more than three attempts to pass both the knowledge and skills tests for a class
82 M license within six months of the date of the application;
83 (b) a learner permit if needed after the knowledge test is passed; and
84 (c) an original class M license and license certificate after all tests are passed.
85 (4) An application and fee for a motorcycle or taxicab endorsement entitle the
86 applicant to:
87 (a) not more than three attempts to pass both the knowledge and skills tests within six
88 months of the date of the application;
89 (b) a motorcycle learner permit if needed after the motorcycle knowledge test is

90 passed; and
91 (c) a motorcycle or taxicab endorsement when all tests are passed.
92 (5) An application and fees for a commercial class A, B, or C license entitle the
93 applicant to:
94 (a) not more than two attempts to pass a knowledge test and not more than two
95 attempts to pass a skills test within six months of the date of the application;
96 (b) a commercial driver instruction permit if needed after the knowledge test is passed;
97 and
98 (c) an original commercial class A, B, or C license and license certificate when all
99 applicable tests are passed.
100 (6) An application and fee for a CDL endorsement entitle the applicant to:
101 (a) not more than two attempts to pass a knowledge test and not more than two
102 attempts to pass a skills test within six months of the date of the application; and
103 (b) a CDL endorsement when all tests are passed.
104 (7) If a CDL applicant does not pass a knowledge test, skills test, or an endorsement
105 test within the number of attempts provided in Subsection (5) or (6), each test may be taken
106 two additional times within the six months for the fee provided in Section 53-3-105 .
107 (8) (a) Except as provided under Subsections (8)(f) and (g), an original license expires
108 on the birth date of the applicant in the fifth year following the year the license certificate was
109 issued.
110 (b) Except as provided under Subsections (8)(f) and (g), a renewal or an extension to a
111 license expires on the birth date of the licensee in the fifth year following the expiration date of
112 the license certificate renewed or extended.
113 (c) Except as provided under Subsections (8)(f) and (g), a duplicate license expires on
114 the same date as the last license certificate issued.
115 (d) An endorsement to a license expires on the same date as the license certificate
116 regardless of the date the endorsement was granted.
117 (e) A license and any endorsement to the license held by a person ordered to active
118 duty and stationed outside Utah in any of the armed forces of the United States, which expires
119 during the time period the person is stationed outside of the state, is valid until 90 days after the
120 person has been discharged or has left the service, unless the license is suspended, disqualified,

121 denied, or has been cancelled or revoked by the division, or the licensee updates the
122 information or photograph on the license certificate.
123 (f) An original license or a renewal to an original license obtained using proof under
124 Subsection (9)(a)(i)(E)(III) expires on the date of the expiration of the applicant's foreign visa,
125 permit, or other document granting legal presence in the United States or on the date provided
126 under this Subsection (8), whichever is sooner.
127 (g) (i) An original license or a renewal or a duplicate to an original license expires on
128 the next birth date of the applicant or licensee beginning on July 1, 2005 if:
129 (A) the license was obtained without using a Social Security number as required under
130 Subsection (9); and
131 (B) the license certificate or driving privilege card is not clearly distinguished as
132 required under Subsection 53-3-207 (6).
133 (ii) A driving privilege card issued or renewed under Section 53-3-207 expires on the
134 birth date of the applicant in the first year following the year that the driving privilege card was
135 issued or renewed.
136 (iii) The expiration dates provided under Subsections (8)(g)(i) and (ii) do not apply to
137 an original license or driving privilege card or to the renewal of an original license or driving
138 privilege card with an expiration date provided under Subsection (8)(f).
139 (9) (a) In addition to the information required by Title 63, Chapter 46b, Administrative
140 Procedures Act, for requests for agency action, each applicant shall [have a Utah residence
141 address and each applicant shall]:
142 (i) provide the applicant's:
143 (A) full legal name;
144 (B) birth date;
145 (C) gender;
146 (D) between July 1, 2002 and July 1, 2007, race in accordance with the categories
147 established by the United States Census Bureau;
148 (E) (I) Social Security number;
149 (II) temporary identification number (ITIN) issued by the Internal Revenue Service for
150 a person who does not qualify for a Social Security number; or
151 (III) (Aa) proof that the applicant is a citizen of a country other than the United States;

152 (Bb) proof that the applicant does not qualify for a Social Security number; and
153 (Cc) proof of legal presence in the United States, as authorized under federal law; and
154 (F) Utah residence address as documented by a form acceptable under rules made by
155 the division under Section 53-3-104 , unless the application is for a temporary CDL issued
156 under Subsection 53-3-407 (2)(b);
157 (ii) provide a description of the applicant;
158 (iii) state whether the applicant has previously been licensed to drive a motor vehicle
159 and, if so, when and by what state or country;
160 (iv) state whether the applicant has ever had any license suspended, cancelled, revoked,
161 disqualified, or denied in the last six years, or whether the applicant has ever had any license
162 application refused, and if so, the date of and reason for the suspension, cancellation,
163 revocation, disqualification, denial, or refusal;
164 (v) state whether the applicant intends to make an anatomical gift under Title 26,
165 Chapter 28, Uniform Anatomical Gift Act, in compliance with Subsection (16);
166 (vi) provide all other information the division requires; and
167 (vii) sign the application which signature may include an electronic signature as
168 defined in Section 46-4-102 .
169 (b) Each applicant shall have a Utah residence address, unless the application is for a
170 temporary CDL issued under Subsection 53-3-407 (2)(b).
171 [(b)] (c) The division shall maintain on its computerized records an applicant's:
172 (i) Social Security number;
173 (ii) temporary identification number (ITIN); or
174 (iii) other number assigned by the division if Subsection (9)(a)(i)(E)(III) applies.
175 [(c)] (d) An applicant may not be denied a license for refusing to provide race
176 information required under Subsection (9)(a)(i)(D).
177 (10) The division shall require proof of every applicant's name, birthdate, and
178 birthplace by at least one of the following means:
179 (a) current license certificate;
180 (b) birth certificate;
181 (c) Selective Service registration; or
182 (d) other proof, including church records, family Bible notations, school records, or

183 other evidence considered acceptable by the division.
184 (11) When an applicant receives a license in another class, all previous license
185 certificates shall be surrendered and canceled. However, a disqualified commercial license may
186 not be canceled unless it expires before the new license certificate is issued.
187 (12) (a) When an application is received from a person previously licensed in another
188 state to drive a motor vehicle, the division shall request a copy of the driver's record from the
189 other state.
190 (b) When received, the driver's record becomes part of the driver's record in this state
191 with the same effect as though entered originally on the driver's record in this state.
192 (13) An application for reinstatement of a license after the suspension, cancellation,
193 disqualification, denial, or revocation of a previous license shall be accompanied by the
194 additional fee or fees specified in Section 53-3-105 .
195 (14) A person who has an appointment with the division for testing and fails to keep
196 the appointment or to cancel at least 48 hours in advance of the appointment shall pay the fee
197 under Section 53-3-105 .
198 (15) A person who applies for an original license or renewal of a license agrees that the
199 person's license is subject to any suspension or revocation authorized under this title or Title
200 41, Motor Vehicles.
201 (16) (a) The indication of intent under Subsection (9)(a)(v) shall be authenticated by
202 the licensee in accordance with division rule.
203 (b) (i) Notwithstanding Title 63, Chapter 2, Government Records Access and
204 Management Act, the division may, upon request, release to an organ procurement
205 organization, as defined in Section 26-28-2 , the names and addresses of all persons who under
206 Subsection (9)(a)(v) indicate that they intend to make an anatomical gift.
207 (ii) An organ procurement organization may use released information only to:
208 (A) obtain additional information for an anatomical gift registry; and
209 (B) inform licensees of anatomical gift options, procedures, and benefits.
210 (17) The division and its employees are not liable, as a result of false or inaccurate
211 information provided under Subsection (9)(a)(v), for direct or indirect:
212 (a) loss;
213 (b) detriment; or

214 (c) injury.
215 Section 3. Section 53-3-407 is amended to read:
216 53-3-407. Qualifications for commercial driver license -- Fee -- Third parties may
217 administer skills test.
218 (1) (a) As used in this section, "CDL driver training school" means a business
219 enterprise conducted by an individual, association, partnership, or corporation that:
220 (i) educates and trains persons, either practically or theoretically, or both, to drive
221 commercial motor vehicles; and
222 (ii) prepares an applicant for an examination under Subsection (2)(a)(ii) or (2)(b)(i)(B).
223 (b) A CDL driver training school may charge a consideration or tuition for the services
224 provided under Subsection (1)(a).
225 [(1) A] (2) (a) Except as provided in Subsection (2)(b), a CDL may be issued only to a
226 person who:
227 [(a)] (i) is a resident of this state or qualifies as a nonresident under Section 53-3-409 ;
228 [(b)] (ii) has passed a test of knowledge and skills for driving a commercial motor
229 vehicle, that complies with minimum standards established by federal regulation in 49 C.F.R.,
230 Part 383, Subparts G and H; and
231 [(c)] (iii) has complied with all requirements of 49 C.F.R., Part 383 and other
232 applicable state laws and federal regulations.
233 (b) (i) A temporary CDL may be issued to a person who:
234 (A) is enrolled in a CDL driver training school located in Utah;
235 (B) has passed a test of knowledge and skills for driving a commercial motor vehicle,
236 that complies with minimum standards established by federal regulation in 49 C.F.R. Part 383,
237 Subparts G and H; and
238 (C) has complied with all requirements of 49 C.F.R. Part 383, Subparts G and H.
239 (ii) A temporary CDL issued under this Subsection (2)(b):
240 (A) is valid for 60 days; and
241 (B) may not be renewed or extended.
242 (iii) Except as provided in this section and Subsections 53-3-204 (1)(a)(iv),
243 53-3-205 (9)(a)(i)(F) and (9)(b), and 53-3-410 (1)(c), the provisions, requirements, classes,
244 endorsements, fees, restrictions, and sanctions under this code apply to a temporary CDL

245 issued under this Subsection (2)(b) in the same way as a commercial driver license issued
246 under this part.
247 [(2)] (3) Tests required under this section shall be prescribed and administered by the
248 division.
249 [(3)] (4) The division shall authorize a person, an agency of this or another state, an
250 employer, a private driver training facility or other private institution, or a department, agency,
251 or entity of local government to administer the skills test required under this section if:
252 (a) the test is the same test as prescribed by the division, and is administered in the
253 same manner; and
254 (b) the party authorized under this section to administer the test has entered into an
255 agreement with the state that complies with the requirements of 49 C.F.R., Part 383.75.
256 [(4)] (5) A person who has an appointment with the division for testing and fails to
257 keep the appointment or to cancel at least 48 hours in advance of the appointment shall pay the
258 fee under Section 53-3-105 .
259 [(5)] (6) A person authorized under this section to administer the skills test is not
260 criminally or civilly liable for the administration of the test unless he administers the test in a
261 grossly negligent manner.
262 [(6)] (7) The division shall waive the skills test required under this section if it
263 determines that the applicant meets the requirements of 49 C.F.R., Part 383.77.
264 Section 4. Section 53-3-410 is amended to read:
265 53-3-410. Applicant information required for CDIP and CDL -- State resident to
266 have state CDL.
267 (1) The application for a CDL or CDIP shall include the following information
268 regarding the applicant:
269 (a) full legal name [and];
270 (b) current mailing [and] address;
271 (c) Utah residential address, unless the application is for a temporary CDL issued under
272 Subsection 53-3-407 (2)(b);
273 [(b)] (d) physical description, including sex, height, weight, and eye color;
274 [(c)] (e) date of birth;
275 [(d)] (f) Social Security number, unless the application is for a nonresident license;

276 [(e)] (g) a complete list of all states in which the applicant was issued a driver license
277 in the previous ten years; and
278 [(f)] (h) the applicant's signature.
279 (2) An application under this section shall also include all certifications required by 49
280 C.F.R., Part 383.71.
281 (3) When the holder of a license under this part changes the holder's name, mailing
282 address, or residence, the holder shall make application for a duplicate license within 30 days
283 of the change.
284 (4) A person who has been a resident of this state for 30 consecutive days may not
285 drive a commercial motor vehicle under the authority of a commercial driver license issued by
286 another jurisdiction.




Legislative Review Note
as of 1-18-06 10:34 AM

This legislation authorizes the Driver License Division to issue a temporary commercial driver
license to a person who is a not a resident that is domiciled in Utah. This provision is in direct
contradiction to current federal CDL regulations, which require that a commercial driver
license must be issued by the applicant's state of domicile. 49 C.F.R. § 383.23. However, in a
letter from the director of the Federal Motor Carrier Safety Administration (FMCSA) dated
November 21, 2005, she indicated that the practice of issuing temporary commercial driver
licenses to out-of-state students at truck driving schools poses no threat to safety, that FMCSA
will hold off taking any action to withhold funding from a state due to noncompliance, and that
FMCSA will be initiating rulemaking to address the state of domicile requirement.

Office of Legislative Research and General Counsel