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S.B. 282 Enrolled
7 LONG TITLE
8 General Description:
9 This bill allows a veteran to receive a commercial driver license under specified
11 Highlighted Provisions:
12 This bill:
13 . allows a veteran to receive a commercial driver license if the veteran:
14 . meets the qualifications for the license;
15 . for at least two years prior to applying, worked in a military unit which required
16 the skills necessary for the license; and
17 . was honorably discharged.
18 Money Appropriated in this Bill:
20 Other Special Clauses:
21 This bill takes effect on July 1, 2012.
22 Utah Code Sections Affected:
24 53-3-407, as last amended by Laws of Utah 2010, Chapter 196
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 53-3-407 is amended to read:
28 53-3-407. Qualifications for commercial driver license -- Fee -- Third parties may
29 administer skills test.
30 (1) (a) As used in this section, "CDL driver training school" means a business
31 enterprise conducted by an individual, association, partnership, or corporation that:
32 (i) educates and trains persons, either practically or theoretically, or both, to drive
33 commercial motor vehicles; and
34 (ii) prepares an applicant for an examination under Subsection (2)(a)(ii) or (2)(b)(i)(B).
35 (b) A CDL driver training school may charge a consideration or tuition for the services
36 provided under Subsection (1)(a).
37 (2) (a) Except as provided in Subsection (2)(b) and (c), a CDL may be issued only to a
38 person who:
39 (i) is a resident of this state;
40 (ii) has passed a test of knowledge and skills for driving a commercial motor vehicle,
41 that complies with minimum standards established by federal regulation in 49 C.F.R., Part 383,
42 Subparts G and H; and
43 (iii) has complied with all requirements of 49 C.F.R., Part 383 and other applicable
44 state laws and federal regulations.
45 (b) (i) A temporary CDL may be issued to a person who:
46 (A) is enrolled in a CDL driver training school located in Utah;
47 (B) has passed a test of knowledge and skills for driving a commercial motor vehicle,
48 that complies with minimum standards established by federal regulation in 49 C.F.R. Part 383,
49 Subparts G and H; and
50 (C) has complied with all requirements of 49 C.F.R. Part 383, Subparts G and H.
51 (ii) A temporary CDL issued under this Subsection (2)(b):
52 (A) is valid for 60 days; and
53 (B) may not be renewed or extended.
54 (iii) Except as provided in this section and Subsections 53-3-204 (1)(a)(iv),
55 53-3-205 (8)(a)(i)(E) and (8)(b), and 53-3-410 (1)(c), the provisions, requirements, classes,
56 endorsements, fees, restrictions, and sanctions under this code apply to a temporary CDL
57 issued under this Subsection (2)(b) in the same way as a commercial driver license issued
58 under this part.
59 (c) The department shall waive the skills test specified in this section for a commercial
60 driver license applicant who, subject to the limitations and requirements of 49 C.F.R., Part
61 383.77, meets all certifications required for a waiver under 49 C.F.R., Part 383.77 and certifies
62 that the applicant:
63 (i) is a member of the active or reserve components of any branch or unit of the armed
64 forces or a veteran who received an honorable discharge from any branch or unit of the active
65 or reserve components of the armed forces;
66 (ii) is or was regularly employed in a position in the armed forces requiring operation
67 of a commercial motor vehicle; and
68 (iii) has legally operated, while on active duty for at least two years immediately
69 preceding application for a commercial driver license, a vehicle representative of the
70 commercial motor vehicle the driver applicant operates or expects to operate.
71 (d) An applicant who requests a waiver under Subsection (2)(c) shall present their DA
72 348, Equipment Operator's Qualification Record, AF 2293, US Air Force Motor Vehicle
73 Operator Identification Card, or equivalent document from another branch of the United States
74 Armed Forces, at the time of the request.
75 (3) Tests required under this section shall be prescribed and administered by the
77 (4) The division shall authorize a person, an agency of this or another state, an
78 employer, a private driver training facility or other private institution, or a department, agency,
79 or entity of local government to administer the skills test required under this section if:
80 (a) the test is the same test as prescribed by the division, and is administered in the
81 same manner; and
82 (b) the party authorized under this section to administer the test has entered into an
83 agreement with the state that complies with the requirements of 49 C.F.R., Part 383.75.
84 (5) A person who has an appointment with the division for testing and fails to keep the
85 appointment or to cancel at least 48 hours in advance of the appointment shall pay the fee
86 under Section 53-3-105 .
87 (6) A person authorized under this section to administer the skills test is not criminally
88 or civilly liable for the administration of the test unless he administers the test in a grossly
89 negligent manner.
90 (7) The division may waive the skills test required under this section if it determines
91 that the applicant meets the requirements of 49 C.F.R., Part 383.77.
92 Section 2. Effective date.
93 This bill takes effect on July 1, 2012.
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