H.B. 16

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 Committee Note:
9 The Transportation Interim Committee recommended this bill.
10 General Description:
11 This bill modifies the Uniform Driver License Act by amending provisions relating to
12 temporary license certificates.
13 Highlighted Provisions:
14 This bill:
15 . provides that a temporary regular license certificate and a temporary limited-term
16 license certificate are included in the documents that are considered license
17 certificate evidence;
18 . requires the Driver License Division to issue a temporary regular license certificate
19 or a temporary limited-term license certificate, rather than a receipt, allowing the
20 person to drive a motor vehicle while the division is completing its investigation to
21 determine whether the person is entitled to be granted a driving privilege;
22 . provides that a temporary regular license certificate and a temporary limited-term
23 license certificate shall be recognized and have the same rights and privileges as a
24 regular license certificate or a limited-term license certificate; and
25 . makes conforming changes.
26 Money Appropriated in this Bill:
27 None

28 Other Special Clauses:
29 None
30 Utah Code Sections Affected:
31 AMENDS:
32 53-3-102, as last amended by Laws of Utah 2011, Chapter 190
33 53-3-207, as last amended by Laws of Utah 2011, Chapter 152
34
35 Be it enacted by the Legislature of the state of Utah:
36 Section 1. Section 53-3-102 is amended to read:
37 53-3-102. Definitions.
38 As used in this chapter:
39 (1) "Cancellation" means the termination by the division of a license issued through
40 error or fraud or for which consent under Section 53-3-211 has been withdrawn.
41 (2) "Class D license" means the class of license issued to drive motor vehicles not
42 defined as commercial motor vehicles or motorcycles under this chapter.
43 (3) "Commercial driver license" or "CDL" means a license:
44 (a) issued substantially in accordance with the requirements of Title XII, Pub. L.
45 99-570, the Commercial Motor Vehicle Safety Act of 1986, and in accordance with Part 4,
46 Uniform Commercial Driver License Act, which authorizes the holder to drive a class of
47 commercial motor vehicle; and
48 (b) that was obtained by providing evidence of lawful presence in the United States
49 with one of the document requirements described in Subsection 53-3-410 (1)(i)(i).
50 (4) (a) "Commercial motor vehicle" means a motor vehicle or combination of motor
51 vehicles designed or used to transport passengers or property if the motor vehicle:
52 (i) has a gross vehicle weight rating of 26,001 or more pounds or a lesser rating as
53 determined by federal regulation;
54 (ii) is designed to transport 16 or more passengers, including the driver; or
55 (iii) is transporting hazardous materials and is required to be placarded in accordance
56 with 49 C.F.R. Part 172, Subpart F.
57 (b) The following vehicles are not considered a commercial motor vehicle for purposes
58 of Part 4, Uniform Commercial Driver License Act:

59 (i) equipment owned and operated by the United States Department of Defense when
60 driven by any active duty military personnel and members of the reserves and national guard on
61 active duty including personnel on full-time national guard duty, personnel on part-time
62 training, and national guard military technicians and civilians who are required to wear military
63 uniforms and are subject to the code of military justice;
64 (ii) vehicles controlled and driven by a farmer to transport agricultural products, farm
65 machinery, or farm supplies to or from a farm within 150 miles of his farm but not in operation
66 as a motor carrier for hire;
67 (iii) firefighting and emergency vehicles; and
68 (iv) recreational vehicles that are not used in commerce and are driven solely as family
69 or personal conveyances for recreational purposes.
70 (5) "Conviction" means any of the following:
71 (a) an unvacated adjudication of guilt or a determination that a person has violated or
72 failed to comply with the law in a court of original jurisdiction or an administrative proceeding;
73 (b) an unvacated forfeiture of bail or collateral deposited to secure a person's
74 appearance in court;
75 (c) a plea of guilty or nolo contendere accepted by the court;
76 (d) the payment of a fine or court costs; or
77 (e) violation of a condition of release without bail, regardless of whether the penalty is
78 rebated, suspended, or probated.
79 (6) "Denial" or "denied" means the withdrawal of a driving privilege by the division to
80 which the provisions of Title 41, Chapter 12a, Part 4, Proof of Owner's or Operator's Security,
81 do not apply.
82 (7) "Director" means the division director appointed under Section 53-3-103 .
83 (8) "Disqualification" means either:
84 (a) the suspension, revocation, cancellation, denial, or any other withdrawal by a state
85 of a person's privileges to drive a commercial motor vehicle;
86 (b) a determination by the Federal Highway Administration, under 49 C.F.R. Part 386,
87 that a person is no longer qualified to drive a commercial motor vehicle under 49 C.F.R. Part
88 391; or
89 (c) the loss of qualification that automatically follows conviction of an offense listed in

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

121 (i) regular license certificate;
122 (ii) limited-term license certificate;
123 (iii) driving privilege card;
124 (iv) CDL license certificate; [and]
125 (v) limited-term CDL license certificate[.];
126 (vi) temporary regular license certificate; and
127 (vii) temporary limited-term license certificate.
128 (21) "Limited-term commercial driver license" or "limited-term CDL" means a license:
129 (a) issued substantially in accordance with the requirements of Title XII, Pub. L.
130 99-570, the Commercial Motor Vehicle Safety Act of 1986, and in accordance with Part 4,
131 Uniform Commercial Driver License Act, which authorizes the holder to drive a class of
132 commercial motor vehicle; and
133 (b) that was obtained by providing evidence of lawful presence in the United States
134 with one of the document requirements described in Subsection 53-3-410 (1)(i)(ii).
135 (22) "Limited-term identification card" means an identification card issued under this
136 chapter to a person whose card was obtained by providing evidence of lawful presence in the
137 United States with one of the document requirements described in Subsection
138 53-3-804 (2)(i)(ii).
139 (23) "Limited-term license certificate" means the evidence of the privilege granted and
140 issued under this chapter to drive a motor vehicle to a person whose privilege was obtained
141 providing evidence of lawful presence in the United States with one of the document
142 requirements described in Subsection 53-3-205 (8)(a)(ii)(B).
143 (24) "Motorboat" has the same meaning as provided under Section 73-18-2 .
144 (25) "Motorcycle" means every motor vehicle, other than a tractor, having a seat or
145 saddle for the use of the rider and designed to travel with not more than three wheels in contact
146 with the ground.
147 (26) "Office of Recovery Services" means the Office of Recovery Services, created in
148 Section 62A-11-102 .
149 (27) (a) "Owner" means a person other than a lienholder having an interest in the
150 property or title to a vehicle.
151 (b) "Owner" includes a person entitled to the use and possession of a vehicle subject to

152 a security interest in another person but excludes a lessee under a lease not intended as security.
153 (28) "Regular license certificate" means the evidence of the privilege issued under this
154 chapter to drive a motor vehicle whose privilege was obtained by providing evidence of lawful
155 presence in the United States with one of the document requirements described in Subsection
156 53-3-205 (8)(a)(ii)(A).
157 (29) "Renewal" means to validate a license certificate so that it expires at a later date.
158 (30) "Reportable violation" means an offense required to be reported to the division as
159 determined by the division and includes those offenses against which points are assessed under
160 Section 53-3-221 .
161 (31) (a) "Resident" means an individual who:
162 (i) has established a domicile in this state, as defined in Section 41-1a-202 , or
163 regardless of domicile, remains in this state for an aggregate period of six months or more
164 during any calendar year;
165 (ii) engages in a trade, profession, or occupation in this state, or who accepts
166 employment in other than seasonal work in this state, and who does not commute into the state;
167 (iii) declares himself to be a resident of this state by obtaining a valid Utah driver
168 license certificate or motor vehicle registration; or
169 (iv) declares himself a resident of this state to obtain privileges not ordinarily extended
170 to nonresidents, including going to school, or placing children in school without paying
171 nonresident tuition or fees.
172 (b) "Resident" does not include any of the following:
173 (i) a member of the military, temporarily stationed in this state;
174 (ii) an out-of-state student, as classified by an institution of higher education,
175 regardless of whether the student engages in any type of employment in this state;
176 (iii) a person domiciled in another state or country, who is temporarily assigned in this
177 state, assigned by or representing an employer, religious or private organization, or a
178 governmental entity; or
179 (iv) an immediate family member who resides with or a household member of a person
180 listed in Subsections (31)(b)(i) through (iii).
181 (32) "Revocation" means the termination by action of the division of a licensee's
182 privilege to drive a motor vehicle.

183 (33) (a) "School bus" means a commercial motor vehicle used to transport pre-primary,
184 primary, or secondary school students to and from home and school, or to and from school
185 sponsored events.
186 (b) "School bus" does not include a bus used as a common carrier as defined in Section
187 59-12-102 .
188 (34) "Suspension" means the temporary withdrawal by action of the division of a
189 licensee's privilege to drive a motor vehicle.
190 (35) "Taxicab" means any class D motor vehicle transporting any number of
191 passengers for hire and that is subject to state or federal regulation as a taxi.
192 Section 2. Section 53-3-207 is amended to read:
193 53-3-207. License certificates or driving privilege cards issued to drivers by class
194 of motor vehicle -- Contents -- Release of anatomical gift information -- Temporary
195 licenses or driving privilege cards -- Minors' licenses, cards, and permits -- Violation.
196 (1) As used in this section:
197 (a) "driving privilege" means the privilege granted under this chapter to drive a motor
198 vehicle;
199 (b) "governmental entity" means the state and its political subdivisions as defined in
200 this Subsection (1);
201 (c) "political subdivision" means any county, city, town, school district, public transit
202 district, community development and renewal agency, special improvement or taxing district,
203 local district, special service district, an entity created by an interlocal agreement adopted under
204 Title 11, Chapter 13, Interlocal Cooperation Act, or other governmental subdivision or public
205 corporation; and
206 (d) "state" means this state, and includes any office, department, agency, authority,
207 commission, board, institution, hospital, college, university, children's justice center, or other
208 instrumentality of the state.
209 (2) (a) The division shall issue to every person privileged to drive a motor vehicle, a
210 regular license certificate, a limited-term license certificate, or a driving privilege card
211 indicating the type or class of motor vehicle the person may drive.
212 (b) A person may not drive a class of motor vehicle unless granted the privilege in that
213 class.

214 (3) (a) Every regular license certificate, limited-term license certificate, or driving
215 privilege card shall bear:
216 (i) the distinguishing number assigned to the person by the division;
217 (ii) the name, birth date, and Utah residence address of the person;
218 (iii) a brief description of the person for the purpose of identification;
219 (iv) any restrictions imposed on the license under Section 53-3-208 ;
220 (v) a photograph of the person;
221 (vi) a photograph or other facsimile of the person's signature;
222 (vii) an indication whether the person intends to make an anatomical gift under Title
223 26, Chapter 28, Revised Uniform Anatomical Gift Act, unless the driving privilege is extended
224 under Subsection 53-3-214 (3); and
225 (viii) except as provided in Subsection (3)(b), if the person states that the person is a
226 veteran of the United States military on the application for a driver license in accordance with
227 Section 53-3-205 and provides verification that the person was honorably discharged from the
228 United States military, an indication that the person is a United States military veteran for a
229 regular license certificate or limited-term license certificate issued on or after July 1, 2011.
230 (b) A regular license certificate or limited-term license certificate issued to any person
231 younger than 21 years on a portrait-style format as required in Subsection (5)(b)(i) is not
232 required to include an indication that the person is a United States military veteran under
233 Subsection (3)(a)(viii).
234 (c) A new license certificate issued by the division may not bear the person's Social
235 Security number.
236 (d) (i) The regular license certificate, limited-term license certificate, or driving
237 privilege card shall be of an impervious material, resistant to wear, damage, and alteration.
238 (ii) Except as provided under Subsection (4)(b), the size, form, and color of the regular
239 license certificate, limited-term license certificate, or driving privilege card shall be as
240 prescribed by the commissioner.
241 (iii) The commissioner may also prescribe the issuance of a special type of limited
242 regular license certificate, limited-term license certificate, or driving privilege card under
243 Subsection 53-3-220 (4).
244 (4) (a) (i) The division, upon determining after an examination that an applicant is

245 mentally and physically qualified to be granted a driving privilege, may issue to an applicant a
246 receipt for the fee if the applicant is eligible for a regular license certificate or limited-term
247 license certificate.
248 (ii) (A) The [receipt serves as] division shall issue a temporary regular license
249 certificate or temporary limited-term license certificate allowing the person to drive a motor
250 vehicle while the division is completing its investigation to determine whether the person is
251 entitled to be granted a driving privilege.
252 (B) A temporary regular license certificate or a temporary limited-term license
253 certificate issued under this Subsection (4) shall be recognized and have the same rights and
254 privileges as a regular license certificate or a limited-term license certificate.
255 (b) The [receipt] temporary regular license certificate or temporary limited-term license
256 certificate shall be in the person's immediate possession while driving a motor vehicle, and it is
257 invalid when the person's regular license certificate or limited-term license certificate has been
258 issued or when, for good cause, the privilege has been refused.
259 (c) The division shall indicate on the [receipt] temporary regular license certificate or
260 temporary limited-term license certificate a date after which it is not valid as a temporary
261 license.
262 (d) (i) Except as provided in Subsection (4)(d)(ii), the division may not issue [a receipt
263 that serves as] a temporary driving privilege card or other temporary permit to an applicant for
264 a driving privilege card.
265 (ii) The division may issue a learner permit issued in accordance with Section
266 53-3-210.5 to an applicant for a driving privilege card.
267 (5) (a) The division shall distinguish learner permits, temporary permits, regular
268 license certificates, limited-term license certificates, and driving privilege cards issued to any
269 person younger than 21 years of age by use of plainly printed information or the use of a color
270 or other means not used for other regular license certificates, limited-term license certificates,
271 or driving privilege cards.
272 (b) The division shall distinguish a regular license certificate, limited-term license
273 certificate, or driving privilege card issued to any person:
274 (i) younger than 21 years of age by use of a portrait-style format not used for other
275 regular license certificates, limited-term license certificates, or driving privilege cards and by

276 plainly printing the date the regular license certificate, limited-term license certificate, or
277 driving privilege card holder is 21 years of age, which is the legal age for purchasing an
278 alcoholic beverage or alcoholic product under Section 32B-14-403 ; and
279 (ii) younger than 19 years of age, by plainly printing the date the regular license
280 certificate, limited-term license certificate, or driving privilege card holder is 19 years of age,
281 which is the legal age for purchasing tobacco products under Section 76-10-104 .
282 (6) The division shall distinguish a limited-term license certificate by clearly indicating
283 on the document:
284 (a) that it is temporary; and
285 (b) its expiration date.
286 (7) (a) The division shall only issue a driving privilege card to a person whose privilege
287 was obtained without providing evidence of lawful presence in the United States as required
288 under Subsection 53-3-205 (8).
289 (b) The division shall distinguish a driving privilege card from a license certificate by:
290 (i) use of a format, color, font, or other means; and
291 (ii) clearly displaying on the front of the driving privilege card a phrase substantially
292 similar to "FOR DRIVING PRIVILEGES ONLY -- NOT VALID FOR IDENTIFICATION".
293 (8) The provisions of Subsection (5)(b) do not apply to a learner permit, temporary
294 permit, temporary regular license certificate, temporary limited-term license certificate, or any
295 other temporary permit [or receipt issued by the division].
296 (9) The division shall issue temporary license certificates of the same nature, except as
297 to duration, as the license certificates that they temporarily replace, as are necessary to
298 implement applicable provisions of this section and Section 53-3-223 .
299 (10) (a) A governmental entity may not accept a driving privilege card as proof of
300 personal identification.
301 (b) A driving privilege card may not be used as a document providing proof of a
302 person's age for any government required purpose.
303 (11) A person who violates Subsection (2)(b) is guilty of a class C misdemeanor.
304 (12) Unless otherwise provided, the provisions, requirements, classes, endorsements,
305 fees, restrictions, and sanctions under this code apply to a:
306 (a) driving privilege in the same way as a license or limited-term license issued under

307 this chapter; and
308 (b) limited-term license certificate or driving privilege card in the same way as a
309 regular license certificate issued under this chapter.




Legislative Review Note
as of 10-20-11 8:45 AM

Office of Legislative Research and General Counsel