H.B. 16 Enrolled

1

DRIVER LICENSE REVISIONS
2 2012 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Stewart Barlow
5 Senate Sponsor: J. Stuart Adams
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Uniform Driver License Act by amending provisions relating to
10 temporary license certificates.
11 Highlighted Provisions:
12 This bill:
13 . provides that a temporary regular license certificate and a temporary limited-term
14 license certificate are included in the documents that are considered license
15 certificate evidence;
16 . requires the Driver License Division to issue a temporary regular license certificate
17 or a temporary limited-term license certificate, rather than a receipt, allowing the
18 person to drive a motor vehicle while the division is completing its investigation to
19 determine whether the person is entitled to be granted a driving privilege;
20 . provides that a temporary regular license certificate and a temporary limited-term
21 license certificate shall be recognized and have the same rights and privileges as a
22 regular license certificate or a limited-term license certificate; and
23 . makes conforming changes.
24 Money Appropriated in this Bill:
25 None
26 Other Special Clauses:
27 None
28 Utah Code Sections Affected:
29 AMENDS:

30 53-3-102, as last amended by Laws of Utah 2011, Chapter 190
31 53-3-207, as last amended by Laws of Utah 2011, Chapter 152
32
33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 53-3-102 is amended to read:
35 53-3-102. Definitions.
36 As used in this chapter:
37 (1) "Cancellation" means the termination by the division of a license issued through
38 error or fraud or for which consent under Section 53-3-211 has been withdrawn.
39 (2) "Class D license" means the class of license issued to drive motor vehicles not
40 defined as commercial motor vehicles or motorcycles under this chapter.
41 (3) "Commercial driver license" or "CDL" means a license:
42 (a) issued substantially in accordance with the requirements of Title XII, Pub. L.
43 99-570, the Commercial Motor Vehicle Safety Act of 1986, and in accordance with Part 4,
44 Uniform Commercial Driver License Act, which authorizes the holder to drive a class of
45 commercial motor vehicle; and
46 (b) that was obtained by providing evidence of lawful presence in the United States
47 with one of the document requirements described in Subsection 53-3-410 (1)(i)(i).
48 (4) (a) "Commercial motor vehicle" means a motor vehicle or combination of motor
49 vehicles designed or used to transport passengers or property if the motor vehicle:
50 (i) has a gross vehicle weight rating of 26,001 or more pounds or a lesser rating as
51 determined by federal regulation;
52 (ii) is designed to transport 16 or more passengers, including the driver; or
53 (iii) is transporting hazardous materials and is required to be placarded in accordance
54 with 49 C.F.R. Part 172, Subpart F.
55 (b) The following vehicles are not considered a commercial motor vehicle for purposes
56 of Part 4, Uniform Commercial Driver License Act:
57 (i) equipment owned and operated by the United States Department of Defense when

58 driven by any active duty military personnel and members of the reserves and national guard on
59 active duty including personnel on full-time national guard duty, personnel on part-time
60 training, and national guard military technicians and civilians who are required to wear military
61 uniforms and are subject to the code of military justice;
62 (ii) vehicles controlled and driven by a farmer to transport agricultural products, farm
63 machinery, or farm supplies to or from a farm within 150 miles of his farm but not in operation
64 as a motor carrier for hire;
65 (iii) firefighting and emergency vehicles; and
66 (iv) recreational vehicles that are not used in commerce and are driven solely as family
67 or personal conveyances for recreational purposes.
68 (5) "Conviction" means any of the following:
69 (a) an unvacated adjudication of guilt or a determination that a person has violated or
70 failed to comply with the law in a court of original jurisdiction or an administrative proceeding;
71 (b) an unvacated forfeiture of bail or collateral deposited to secure a person's
72 appearance in court;
73 (c) a plea of guilty or nolo contendere accepted by the court;
74 (d) the payment of a fine or court costs; or
75 (e) violation of a condition of release without bail, regardless of whether the penalty is
76 rebated, suspended, or probated.
77 (6) "Denial" or "denied" means the withdrawal of a driving privilege by the division to
78 which the provisions of Title 41, Chapter 12a, Part 4, Proof of Owner's or Operator's Security,
79 do not apply.
80 (7) "Director" means the division director appointed under Section 53-3-103 .
81 (8) "Disqualification" means either:
82 (a) the suspension, revocation, cancellation, denial, or any other withdrawal by a state
83 of a person's privileges to drive a commercial motor vehicle;
84 (b) a determination by the Federal Highway Administration, under 49 C.F.R. Part 386,
85 that a person is no longer qualified to drive a commercial motor vehicle under 49 C.F.R. Part

86 391; or
87 (c) the loss of qualification that automatically follows conviction of an offense listed in
88 49 C.F.R. Part 383.51.
89 (9) "Division" means the Driver License Division of the department created in Section
90 53-3-103 .
91 (10) "Downgrade" means to obtain a lower license class than what was originally
92 issued during an existing license cycle.
93 (11) "Drive" means:
94 (a) to operate or be in physical control of a motor vehicle upon a highway; and
95 (b) in Subsections 53-3-414 (1) through (3), Subsection 53-3-414 (5), and Sections
96 53-3-417 and 53-3-418 , the operation or physical control of a motor vehicle at any place within
97 the state.
98 (12) (a) "Driver" means any person who drives, or is in actual physical control of a
99 motor vehicle in any location open to the general public for purposes of vehicular traffic.
100 (b) In Part 4, Uniform Commercial Driver License Act, "driver" includes any person
101 who is required to hold a CDL under Part 4 or federal law.
102 (13) "Driving privilege card" means the evidence of the privilege granted and issued
103 under this chapter to drive a motor vehicle to a person whose privilege was obtained without
104 providing evidence of lawful presence in the United States.
105 (14) "Extension" means a renewal completed in a manner specified by the division.
106 (15) "Farm tractor" means every motor vehicle designed and used primarily as a farm
107 implement for drawing plows, mowing machines, and other implements of husbandry.
108 (16) "Highway" means the entire width between property lines of every way or place of
109 any nature when any part of it is open to the use of the public, as a matter of right, for traffic.
110 (17) "Identification card" means an identification card issued under this chapter to a
111 person whose card was obtained by providing evidence of lawful presence in the United States
112 with one of the document requirements described in Subsection 53-3-804 (2)(i)(i).
113 (18) "Indigent" means that a person's income falls below the federal poverty guideline

114 issued annually by the U.S. Department of Health and Human Services in the Federal Register.
115 (19) "License" means the privilege to drive a motor vehicle.
116 (20) (a) "License certificate" means the evidence of the privilege issued under this
117 chapter to drive a motor vehicle.
118 (b) "License certificate" evidence includes a:
119 (i) regular license certificate;
120 (ii) limited-term license certificate;
121 (iii) driving privilege card;
122 (iv) CDL license certificate; [and]
123 (v) limited-term CDL license certificate[.];
124 (vi) temporary regular license certificate; and
125 (vii) temporary limited-term license certificate.
126 (21) "Limited-term commercial driver license" or "limited-term CDL" means a license:
127 (a) issued substantially in accordance with the requirements of Title XII, Pub. L.
128 99-570, the Commercial Motor Vehicle Safety Act of 1986, and in accordance with Part 4,
129 Uniform Commercial Driver License Act, which authorizes the holder to drive a class of
130 commercial motor vehicle; and
131 (b) that was obtained by providing evidence of lawful presence in the United States
132 with one of the document requirements described in Subsection 53-3-410 (1)(i)(ii).
133 (22) "Limited-term identification card" means an identification card issued under this
134 chapter to a person whose card was obtained by providing evidence of lawful presence in the
135 United States with one of the document requirements described in Subsection
136 53-3-804 (2)(i)(ii).
137 (23) "Limited-term license certificate" means the evidence of the privilege granted and
138 issued under this chapter to drive a motor vehicle to a person whose privilege was obtained
139 providing evidence of lawful presence in the United States with one of the document
140 requirements described in Subsection 53-3-205 (8)(a)(ii)(B).
141 (24) "Motorboat" has the same meaning as provided under Section 73-18-2 .

142 (25) "Motorcycle" means every motor vehicle, other than a tractor, having a seat or
143 saddle for the use of the rider and designed to travel with not more than three wheels in contact
144 with the ground.
145 (26) "Office of Recovery Services" means the Office of Recovery Services, created in
146 Section 62A-11-102 .
147 (27) (a) "Owner" means a person other than a lienholder having an interest in the
148 property or title to a vehicle.
149 (b) "Owner" includes a person entitled to the use and possession of a vehicle subject to
150 a security interest in another person but excludes a lessee under a lease not intended as security.
151 (28) "Regular license certificate" means the evidence of the privilege issued under this
152 chapter to drive a motor vehicle whose privilege was obtained by providing evidence of lawful
153 presence in the United States with one of the document requirements described in Subsection
154 53-3-205 (8)(a)(ii)(A).
155 (29) "Renewal" means to validate a license certificate so that it expires at a later date.
156 (30) "Reportable violation" means an offense required to be reported to the division as
157 determined by the division and includes those offenses against which points are assessed under
158 Section 53-3-221 .
159 (31) (a) "Resident" means an individual who:
160 (i) has established a domicile in this state, as defined in Section 41-1a-202 , or
161 regardless of domicile, remains in this state for an aggregate period of six months or more
162 during any calendar year;
163 (ii) engages in a trade, profession, or occupation in this state, or who accepts
164 employment in other than seasonal work in this state, and who does not commute into the state;
165 (iii) declares himself to be a resident of this state by obtaining a valid Utah driver
166 license certificate or motor vehicle registration; or
167 (iv) declares himself a resident of this state to obtain privileges not ordinarily extended
168 to nonresidents, including going to school, or placing children in school without paying
169 nonresident tuition or fees.

170 (b) "Resident" does not include any of the following:
171 (i) a member of the military, temporarily stationed in this state;
172 (ii) an out-of-state student, as classified by an institution of higher education,
173 regardless of whether the student engages in any type of employment in this state;
174 (iii) a person domiciled in another state or country, who is temporarily assigned in this
175 state, assigned by or representing an employer, religious or private organization, or a
176 governmental entity; or
177 (iv) an immediate family member who resides with or a household member of a person
178 listed in Subsections (31)(b)(i) through (iii).
179 (32) "Revocation" means the termination by action of the division of a licensee's
180 privilege to drive a motor vehicle.
181 (33) (a) "School bus" means a commercial motor vehicle used to transport pre-primary,
182 primary, or secondary school students to and from home and school, or to and from school
183 sponsored events.
184 (b) "School bus" does not include a bus used as a common carrier as defined in Section
185 59-12-102 .
186 (34) "Suspension" means the temporary withdrawal by action of the division of a
187 licensee's privilege to drive a motor vehicle.
188 (35) "Taxicab" means any class D motor vehicle transporting any number of
189 passengers for hire and that is subject to state or federal regulation as a taxi.
190 Section 2. Section 53-3-207 is amended to read:
191 53-3-207. License certificates or driving privilege cards issued to drivers by class
192 of motor vehicle -- Contents -- Release of anatomical gift information -- Temporary
193 licenses or driving privilege cards -- Minors' licenses, cards, and permits -- Violation.
194 (1) As used in this section:
195 (a) "driving privilege" means the privilege granted under this chapter to drive a motor
196 vehicle;
197 (b) "governmental entity" means the state and its political subdivisions as defined in

198 this Subsection (1);
199 (c) "political subdivision" means any county, city, town, school district, public transit
200 district, community development and renewal agency, special improvement or taxing district,
201 local district, special service district, an entity created by an interlocal agreement adopted under
202 Title 11, Chapter 13, Interlocal Cooperation Act, or other governmental subdivision or public
203 corporation; and
204 (d) "state" means this state, and includes any office, department, agency, authority,
205 commission, board, institution, hospital, college, university, children's justice center, or other
206 instrumentality of the state.
207 (2) (a) The division shall issue to every person privileged to drive a motor vehicle, a
208 regular license certificate, a limited-term license certificate, or a driving privilege card
209 indicating the type or class of motor vehicle the person may drive.
210 (b) A person may not drive a class of motor vehicle unless granted the privilege in that
211 class.
212 (3) (a) Every regular license certificate, limited-term license certificate, or driving
213 privilege card shall bear:
214 (i) the distinguishing number assigned to the person by the division;
215 (ii) the name, birth date, and Utah residence address of the person;
216 (iii) a brief description of the person for the purpose of identification;
217 (iv) any restrictions imposed on the license under Section 53-3-208 ;
218 (v) a photograph of the person;
219 (vi) a photograph or other facsimile of the person's signature;
220 (vii) an indication whether the person intends to make an anatomical gift under Title
221 26, Chapter 28, Revised Uniform Anatomical Gift Act, unless the driving privilege is extended
222 under Subsection 53-3-214 (3); and
223 (viii) except as provided in Subsection (3)(b), if the person states that the person is a
224 veteran of the United States military on the application for a driver license in accordance with
225 Section 53-3-205 and provides verification that the person was honorably discharged from the

226 United States military, an indication that the person is a United States military veteran for a
227 regular license certificate or limited-term license certificate issued on or after July 1, 2011.
228 (b) A regular license certificate or limited-term license certificate issued to any person
229 younger than 21 years on a portrait-style format as required in Subsection (5)(b)(i) is not
230 required to include an indication that the person is a United States military veteran under
231 Subsection (3)(a)(viii).
232 (c) A new license certificate issued by the division may not bear the person's Social
233 Security number.
234 (d) (i) The regular license certificate, limited-term license certificate, or driving
235 privilege card shall be of an impervious material, resistant to wear, damage, and alteration.
236 (ii) Except as provided under Subsection (4)(b), the size, form, and color of the regular
237 license certificate, limited-term license certificate, or driving privilege card shall be as
238 prescribed by the commissioner.
239 (iii) The commissioner may also prescribe the issuance of a special type of limited
240 regular license certificate, limited-term license certificate, or driving privilege card under
241 Subsection 53-3-220 (4).
242 (4) (a) (i) The division, upon determining after an examination that an applicant is
243 mentally and physically qualified to be granted a driving privilege, may issue to an applicant a
244 receipt for the fee if the applicant is eligible for a regular license certificate or limited-term
245 license certificate.
246 (ii) (A) The [receipt serves as] division shall issue a temporary regular license
247 certificate or temporary limited-term license certificate allowing the person to drive a motor
248 vehicle while the division is completing its investigation to determine whether the person is
249 entitled to be granted a driving privilege.
250 (B) A temporary regular license certificate or a temporary limited-term license
251 certificate issued under this Subsection (4) shall be recognized and have the same rights and
252 privileges as a regular license certificate or a limited-term license certificate.
253 (b) The [receipt] temporary regular license certificate or temporary limited-term license

254 certificate shall be in the person's immediate possession while driving a motor vehicle, and it is
255 invalid when the person's regular license certificate or limited-term license certificate has been
256 issued or when, for good cause, the privilege has been refused.
257 (c) The division shall indicate on the [receipt] temporary regular license certificate or
258 temporary limited-term license certificate a date after which it is not valid as a temporary
259 license.
260 (d) (i) Except as provided in Subsection (4)(d)(ii), the division may not issue [a receipt
261 that serves as] a temporary driving privilege card or other temporary permit to an applicant for
262 a driving privilege card.
263 (ii) The division may issue a learner permit issued in accordance with Section
264 53-3-210.5 to an applicant for a driving privilege card.
265 (5) (a) The division shall distinguish learner permits, temporary permits, regular
266 license certificates, limited-term license certificates, and driving privilege cards issued to any
267 person younger than 21 years of age by use of plainly printed information or the use of a color
268 or other means not used for other regular license certificates, limited-term license certificates,
269 or driving privilege cards.
270 (b) The division shall distinguish a regular license certificate, limited-term license
271 certificate, or driving privilege card issued to any person:
272 (i) younger than 21 years of age by use of a portrait-style format not used for other
273 regular license certificates, limited-term license certificates, or driving privilege cards and by
274 plainly printing the date the regular license certificate, limited-term license certificate, or
275 driving privilege card holder is 21 years of age, which is the legal age for purchasing an
276 alcoholic beverage or alcoholic product under Section 32B-14-403 ; and
277 (ii) younger than 19 years of age, by plainly printing the date the regular license
278 certificate, limited-term license certificate, or driving privilege card holder is 19 years of age,
279 which is the legal age for purchasing tobacco products under Section 76-10-104 .
280 (6) The division shall distinguish a limited-term license certificate by clearly indicating
281 on the document:

282 (a) that it is temporary; and
283 (b) its expiration date.
284 (7) (a) The division shall only issue a driving privilege card to a person whose privilege
285 was obtained without providing evidence of lawful presence in the United States as required
286 under Subsection 53-3-205 (8).
287 (b) The division shall distinguish a driving privilege card from a license certificate by:
288 (i) use of a format, color, font, or other means; and
289 (ii) clearly displaying on the front of the driving privilege card a phrase substantially
290 similar to "FOR DRIVING PRIVILEGES ONLY -- NOT VALID FOR IDENTIFICATION".
291 (8) The provisions of Subsection (5)(b) do not apply to a learner permit, temporary
292 permit, temporary regular license certificate, temporary limited-term license certificate, or any
293 other temporary permit [or receipt issued by the division].
294 (9) The division shall issue temporary license certificates of the same nature, except as
295 to duration, as the license certificates that they temporarily replace, as are necessary to
296 implement applicable provisions of this section and Section 53-3-223 .
297 (10) (a) A governmental entity may not accept a driving privilege card as proof of
298 personal identification.
299 (b) A driving privilege card may not be used as a document providing proof of a
300 person's age for any government required purpose.
301 (11) A person who violates Subsection (2)(b) is guilty of a class C misdemeanor.
302 (12) Unless otherwise provided, the provisions, requirements, classes, endorsements,
303 fees, restrictions, and sanctions under this code apply to a:
304 (a) driving privilege in the same way as a license or limited-term license issued under
305 this chapter; and
306 (b) limited-term license certificate or driving privilege card in the same way as a
307 regular license certificate issued under this chapter.