2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Uniform Driver License Act by amending provisions relating to
10 driver license records.
11 Highlighted Provisions:
12 This bill:
13 ▸ provides definitions;
14 ▸ authorizes the Driver License Division to disclose portions of a driving record to:
15 • an employer or a designee of an employer, for purposes of monitoring the
16 driving record and status of current employees who drive as a responsibility of
17 the employees' employment, if the requester demonstrates that the requester has
18 obtained the written consent of the individual to whom the information pertains;
19 and
20 • an employer or the employer's agents to obtain or verify information relating to
21 a holder of a commercial driver license that is required under federal law;
22 ▸ requires that the authorized disclosure of a driving record be limited to the driving
23 record of a current employee of the employer;
24 ▸ amends provisions regarding the content of and requirements for disclosing a
25 commercial driver license motor vehicle record; and
26 ▸ makes technical corrections.
27 Money Appropriated in this Bill:
28 None
29 Other Special Clauses:
30 This bill provides a special effective date.
31 This bill provides a coordination clause.
32 Utah Code Sections Affected:
33 AMENDS:
34 53-3-102, as last amended by Laws of Utah 2014, Chapter 252
35 53-3-109, as last amended by Laws of Utah 2011, Chapters 190 and 243
36 53-3-221, as last amended by Laws of Utah 2014, Chapters 101 and 225
37 53-3-402, as last amended by Laws of Utah 2013, Chapter 411
38 53-3-410.1, as last amended by Laws of Utah 2013, Chapter 411
39 53-3-420, as last amended by Laws of Utah 2007, Chapter 53
40 53-3-709, as renumbered and amended by Laws of Utah 1993, Chapter 234
41 72-9-107, as last amended by Laws of Utah 2009, Chapters 155 and 356
42 Utah Code Sections Affected by Coordination Clause:
43 53-3-102 , as last amended by Laws of Utah 2014, Chapter 252
44
45 Be it enacted by the Legislature of the state of Utah:
46 Section 1. Section 53-3-102 is amended to read:
47 53-3-102. Definitions.
48 As used in this chapter:
49 (1) "Cancellation" means the termination by the division of a license issued through
50 error or fraud or for which consent under Section 53-3-211 has been withdrawn.
51 (2) "Class D license" means the class of license issued to drive motor vehicles not
52 defined as commercial motor vehicles or motorcycles under this chapter.
53 (3) "Commercial driver instruction permit" or "CDIP" means a permit issued under
54 Section 53-3-408.
55 [
56 (a) issued substantially in accordance with the requirements of Title XII, Pub. L.
57 99-570, the Commercial Motor Vehicle Safety Act of 1986, and in accordance with Part 4,
58 Uniform Commercial Driver License Act, which authorizes the holder to drive a class of
59 commercial motor vehicle; and
60 (b) that was obtained by providing evidence of lawful presence in the United States
61 with one of the document requirements described in Subsection 53-3-410(1)(i)(i).
62 (5) (a) "Commercial driver license motor vehicle record" or "CDL MVR" means a
63 driving record that:
64 (i) applies to a person who holds or is required to hold a commercial driver instruction
65 permit or a CDL license; and
66 (ii) contains the following:
67 (A) information contained in the driver history, including convictions, pleas held in
68 abeyance, disqualifications, and other licensing actions for violations of any state or local law
69 relating to motor vehicle traffic control, committed in any type of vehicle;
70 (B) driver self-certification status information under Section 53-3-410.1; and
71 (C) information from medical certification record keeping in accordance with 49
72 C.F.R. Sec. 383.73(o).
73 (b) "Commercial driver license motor vehicle record" or "CDL MVR" does not mean a
74 motor vehicle record described in Subsection 53-3-102(28).
75 [
76 motor vehicles designed or used to transport passengers or property if the motor vehicle:
77 (i) has a gross vehicle weight rating of 26,001 or more pounds or a lesser rating as
78 determined by federal regulation;
79 (ii) is designed to transport 16 or more passengers, including the driver; or
80 (iii) is transporting hazardous materials and is required to be placarded in accordance
81 with 49 C.F.R. Part 172, Subpart F.
82 (b) The following vehicles are not considered a commercial motor vehicle for purposes
83 of Part 4, Uniform Commercial Driver License Act:
84 (i) equipment owned and operated by the United States Department of Defense when
85 driven by any active duty military personnel and members of the reserves and national guard on
86 active duty including personnel on full-time national guard duty, personnel on part-time
87 training, and national guard military technicians and civilians who are required to wear military
88 uniforms and are subject to the code of military justice;
89 (ii) vehicles controlled and driven by a farmer to transport agricultural products, farm
90 machinery, or farm supplies to or from a farm within 150 miles of his farm but not in operation
91 as a motor carrier for hire;
92 (iii) firefighting and emergency vehicles; and
93 (iv) recreational vehicles that are not used in commerce and are driven solely as family
94 or personal conveyances for recreational purposes.
95 [
96 (a) an unvacated adjudication of guilt or a determination that a person has violated or
97 failed to comply with the law in a court of original jurisdiction or an administrative proceeding;
98 (b) an unvacated forfeiture of bail or collateral deposited to secure a person's
99 appearance in court;
100 (c) a plea of guilty or nolo contendere accepted by the court;
101 (d) the payment of a fine or court costs; or
102 (e) violation of a condition of release without bail, regardless of whether the penalty is
103 rebated, suspended, or probated.
104 [
105 division to which the provisions of Title 41, Chapter 12a, Part 4, Proof of Owner's or
106 Operator's Security, do not apply.
107 [
108 [
109 (a) the suspension, revocation, cancellation, denial, or any other withdrawal by a state
110 of a person's privileges to drive a commercial motor vehicle;
111 (b) a determination by the Federal Highway Administration, under 49 C.F.R. Part 386,
112 that a person is no longer qualified to drive a commercial motor vehicle under 49 C.F.R. Part
113 391; or
114 (c) the loss of qualification that automatically follows conviction of an offense listed in
115 49 C.F.R. Part 383.51.
116 [
117 Section 53-3-103.
118 [
119 originally issued during an existing license cycle.
120 [
121 (a) to operate or be in physical control of a motor vehicle upon a highway; and
122 (b) in Subsections 53-3-414(1) through (3), Subsection 53-3-414(5), and Sections
123 53-3-417 and 53-3-418, the operation or physical control of a motor vehicle at any place within
124 the state.
125 [
126 a motor vehicle in any location open to the general public for purposes of vehicular traffic.
127 (b) In Part 4, Uniform Commercial Driver License Act, "driver" includes any person
128 who is required to hold a CDL under Part 4 or federal law.
129 [
130 issued under this chapter to drive a motor vehicle to a person whose privilege was obtained
131 without providing evidence of lawful presence in the United States.
132 [
133 division.
134 [
135 farm implement for drawing plows, mowing machines, and other implements of husbandry.
136 [
137 place of any nature when any part of it is open to the use of the public, as a matter of right, for
138 traffic.
139 [
140 Act, to a person for identification purposes.
141 [
142 guideline issued annually by the U.S. Department of Health and Human Services in the Federal
143 Register.
144 [
145 [
146 this chapter to drive a motor vehicle.
147 (b) "License certificate" evidence includes a:
148 (i) regular license certificate;
149 (ii) limited-term license certificate;
150 (iii) driving privilege card;
151 (iv) CDL license certificate;
152 (v) limited-term CDL license certificate;
153 (vi) temporary regular license certificate; and
154 (vii) temporary limited-term license certificate.
155 [
156 license:
157 (a) issued substantially in accordance with the requirements of Title XII, Pub. L.
158 99-570, the Commercial Motor Vehicle Safety Act of 1986, and in accordance with Part 4,
159 Uniform Commercial Driver License Act, which authorizes the holder to drive a class of
160 commercial motor vehicle; and
161 (b) that was obtained by providing evidence of lawful presence in the United States
162 with one of the document requirements described in Subsection 53-3-410(1)(i)(ii).
163 [
164 this chapter to a person whose card was obtained by providing evidence of lawful presence in
165 the United States with one of the document requirements described in Subsection
166 53-3-804(2)(i)(ii).
167 [
168 granted and issued under this chapter to drive a motor vehicle to a person whose privilege was
169 obtained providing evidence of lawful presence in the United States with one of the document
170 requirements described in Subsection 53-3-205(8)(a)(ii)(B).
171 [
172 [
173 or saddle for the use of the rider and designed to travel with not more than three wheels in
174 contact with the ground.
175 (28) "Motor vehicle record" or "MVR" means a driving record under Subsection
176 53-3-109(6)(a).
177 [
178 created in Section 62A-11-102.
179 [
180 the property or title to a vehicle.
181 (b) "Owner" includes a person entitled to the use and possession of a vehicle subject to
182 a security interest in another person but excludes a lessee under a lease not intended as security.
183 [
184 chapter to a person whose card was obtained by providing evidence of lawful presence in the
185 United States with one of the document requirements described in Subsection 53-3-804(2)(i)(i).
186 [
187 under this chapter to drive a motor vehicle whose privilege was obtained by providing evidence
188 of lawful presence in the United States with one of the document requirements described in
189 Subsection 53-3-205(8)(a)(ii)(A).
190 [
191 date.
192 [
193 division as determined by the division and includes those offenses against which points are
194 assessed under Section 53-3-221.
195 [
196 (i) has established a domicile in this state, as defined in Section 41-1a-202, or
197 regardless of domicile, remains in this state for an aggregate period of six months or more
198 during any calendar year;
199 (ii) engages in a trade, profession, or occupation in this state, or who accepts
200 employment in other than seasonal work in this state, and who does not commute into the state;
201 (iii) declares himself to be a resident of this state by obtaining a valid Utah driver
202 license certificate or motor vehicle registration; or
203 (iv) declares himself a resident of this state to obtain privileges not ordinarily extended
204 to nonresidents, including going to school, or placing children in school without paying
205 nonresident tuition or fees.
206 (b) "Resident" does not include any of the following:
207 (i) a member of the military, temporarily stationed in this state;
208 (ii) an out-of-state student, as classified by an institution of higher education,
209 regardless of whether the student engages in any type of employment in this state;
210 (iii) a person domiciled in another state or country, who is temporarily assigned in this
211 state, assigned by or representing an employer, religious or private organization, or a
212 governmental entity; or
213 (iv) an immediate family member who resides with or a household member of a person
214 listed in Subsections [
215 [
216 privilege to drive a motor vehicle.
217 [
218 pre-primary, primary, or secondary school students to and from home and school, or to and
219 from school sponsored events.
220 (b) "School bus" does not include a bus used as a common carrier as defined in Section
221 59-12-102.
222 [
223 licensee's privilege to drive a motor vehicle.
224 [
225 passengers for hire and that is subject to state or federal regulation as a taxi.
226 Section 2. Section 53-3-109 is amended to read:
227 53-3-109. Records -- Access -- Fees -- Rulemaking.
228 (1) (a) Except as provided in this section, all records of the division shall be classified
229 and disclosed in accordance with Title 63G, Chapter 2, Government Records Access and
230 Management Act.
231 (b) The division may only disclose personal identifying information:
232 (i) when the division determines it is in the interest of the public safety to disclose the
233 information; and
234 (ii) in accordance with the federal Driver's Privacy Protection Act of 1994, 18 U.S.C.
235 Chapter 123.
236 (c) The division may disclose personal identifying information:
237 (i) to a licensed private investigator holding a valid agency license, with a legitimate
238 business need;
239 (ii) to an insurer, insurance support organization, or a self-insured entity, or its agents,
240 employees, or contractors that issues any motor vehicle insurance under Title 31A, Chapter 22,
241 Part 3, Motor Vehicle Insurance, for use in connection with claims investigation activities,
242 antifraud activities, rating, or underwriting for any person issued a license certificate under this
243 chapter; or
244 (iii) to a depository institution as defined in Section 7-1-103 for use in accordance with
245 the federal Driver's Privacy Protection Act of 1994, 18 U.S.C. Chapter 123.
246 (2) (a) A person who receives personal identifying information shall be advised by the
247 division that the person may not:
248 (i) disclose the personal identifying information from that record to any other person;
249 or
250 (ii) use the personal identifying information from that record for advertising or
251 solicitation purposes.
252 (b) Any use of personal identifying information by an insurer or insurance support
253 organization, or by a self-insured entity or its agents, employees, or contractors not authorized
254 by Subsection (1)(c)(ii) is:
255 (i) an unfair marketing practice under Section 31A-23a-402; or
256 (ii) an unfair claim settlement practice under Subsection 31A-26-303(3).
257 (3) (a) Notwithstanding the provisions of Subsection (1)(b), the division or its designee
258 may disclose portions of a driving record, in accordance with this Subsection (3), to:
259 (i) an insurer as defined under Section 31A-1-301, or a designee of an insurer, for
260 purposes of assessing driving risk on the insurer's current motor vehicle insurance
261 policyholders[
262 (ii) an employer or a designee of an employer, for purposes of monitoring the driving
263 record and status of current employees who drive as a responsibility of the employee's
264 employment if the requester demonstrates that the requester has obtained the written consent of
265 the individual to whom the information pertains; and
266 (iii) an employer or the employer's agents to obtain or verify information relating to a
267 holder of a commercial driver license that is required under 49 U.S.C. Chapter 313.
268 (b) [
269 (i) include the licensed driver's name, driver license number, date of birth, and an
270 indication of whether the driver has had a moving traffic violation that is a reportable violation,
271 as defined under Section 53-3-102 during the previous month;
272 (ii) be limited to the records of drivers who, at the time of the disclosure, are covered
273 under a motor vehicle insurance policy of the insurer; and
274 (iii) be made under a contract with the insurer or a designee of an insurer.
275 (c) A disclosure under Subsection (3)(a)(ii) or (iii) shall:
276 (i) include the licensed driver's name, driver license number, date of birth, and an
277 indication of whether the driver has had a moving traffic violation that is a reportable violation,
278 as defined under Section 53-3-102, during the previous month;
279 (ii) be limited to the records of a current employee of an employer;
280 (iii) be made under a contract with the employer or a designee of an employer; and
281 (iv) include an indication of whether the driver has had a change reflected in the
282 driver's driving status or license class.
283 [
284 (i) the criteria for searching and compiling the driving records being requested;
285 (ii) the frequency of the disclosures;
286 (iii) the format of the disclosures, which may be in bulk electronic form; and
287 (iv) a reasonable charge for the driving record disclosures under this Subsection (3).
288 (4) The division may:
289 (a) collect fees in accordance with Section 53-3-105 for searching and compiling its
290 files or furnishing a report on the driving record of a person;
291 (b) prepare under the seal of the division and deliver upon request, a certified copy of
292 any record of the division, and charge a fee under Section 63J-1-504 for each document
293 authenticated; and
294 (c) charge reasonable fees established in accordance with the procedures and
295 requirements of Section 63J-1-504 for disclosing personal identifying information under
296 Subsection (1)(c).
297 (5) Each certified copy of a driving record furnished in accordance with this section is
298 admissible in any court proceeding in the same manner as the original.
299 (6) (a) A driving record furnished under this section may only report on the driving
300 record of a person for a period of 10 years.
301 (b) Subsection (6)(a) does not apply to court or law enforcement reports, reports of
302 commercial driver license violations, or reports for commercial driver license holders.
303 (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
304 division may make rules to designate:
305 (a) what information shall be included in a report on the driving record of a person;
306 (b) the form of a report or copy of the report which may include electronic format;
307 (c) the form of a certified copy, as required under Section 53-3-216, which may include
308 electronic format;
309 (d) the form of a signature required under this chapter which may include electronic
310 format;
311 (e) the form of written request to the division required under this chapter which may
312 include electronic format;
313 (f) the procedures, requirements, and formats for disclosing personal identifying
314 information under Subsection (1)(c); and
315 (g) the procedures, requirements, and formats necessary for the implementation of
316 Subsection (3).
317 (8) (a) It is a class B misdemeanor for a person to knowingly or intentionally access,
318 use, disclose, or disseminate a record created or maintained by the division or any information
319 contained in a record created or maintained by the division for a purpose prohibited or not
320 permitted by statute, rule, regulation, or policy of a governmental entity.
321 (b) A person who discovers or becomes aware of any unauthorized use of records
322 created or maintained by the division shall inform the commissioner and the division director
323 of the unauthorized use.
324 Section 3. Section 53-3-221 is amended to read:
325 53-3-221. Offenses that may result in denial, suspension, disqualification, or
326 revocation of license -- Additional grounds for suspension -- Point system for traffic
327 violations -- Notice and hearing -- Reporting of traffic violation procedures.
328 (1) By following the procedures in Title 63G, Chapter 4, Administrative Procedures
329 Act, the division may deny, suspend, disqualify, or revoke the license or permit of any person
330 without receiving a record of the person's conviction of crime when the division has been
331 notified or has reason to believe the person:
332 (a) has committed any offenses for which mandatory suspension or revocation of a
333 license is required upon conviction under Section 53-3-220;
334 (b) has, by reckless or unlawful driving of a motor vehicle, caused or contributed to an
335 accident resulting in death or injury to any other person, or serious property damage;
336 (c) is incompetent to drive a motor vehicle or mobility vehicle or has a mental or
337 physical disability rendering it unsafe for the person to drive a motor vehicle or mobility
338 vehicle upon the highways;
339 (d) has committed a serious violation of the motor vehicle laws of this state;
340 (e) has knowingly committed a violation of Section 53-3-229; or
341 (f) has been convicted of serious offenses against traffic laws governing the movement
342 of motor vehicles with a frequency that indicates a disrespect for traffic laws and a disregard
343 for the safety of other persons on the highways.
344 (2) (a) The division may suspend the license of a person under Subsection (1) when the
345 person has failed to comply with the terms stated on a traffic citation issued in this state, except
346 this Subsection (2) does not apply to highway weight limit violations or violations of law
347 governing the transportation of hazardous materials.
348 (b) This Subsection (2) applies to parking and standing violations only if a court has
349 issued a warrant for the arrest of a person for failure to post bail, appear, or otherwise satisfy
350 the terms of the citation.
351 (c) (i) This Subsection (2) may not be exercised unless notice of the pending
352 suspension of the driving privilege has been sent at least 10 days previously to the person at the
353 address provided to the division.
354 (ii) After clearance by the division, a report authorized by Section 53-3-104 may not
355 contain any evidence of a suspension that occurred as a result of failure to comply with the
356 terms stated on a traffic citation.
357 (3) (a) The division may suspend the license of a person under Subsection (1) when the
358 division has been notified by a court that the person has an outstanding unpaid fine, an
359 outstanding incomplete restitution requirement, or an outstanding warrant levied by order of a
360 court.
361 (b) The suspension remains in effect until the division is notified by the court that the
362 order has been satisfied.
363 (c) After clearance by the division, a report authorized by Section 53-3-104 may not
364 contain any evidence of the suspension.
365 (d) The provisions of Subsection (3)(c) do not apply to:
366 (i) a CDIP or CDL license holder; or
367 (ii) a violation that occurred in a commercial motor vehicle.
368 (4) (a) The division shall make rules establishing a point system as provided for in this
369 Subsection (4).
370 (b) (i) The division shall assign a number of points to each type of moving traffic
371 violation as a measure of its seriousness.
372 (ii) The points shall be based upon actual relationships between types of traffic
373 violations and motor vehicle traffic accidents.
374 (iii) Except as provided in Subsection (4)(b)(iv), the division may not assess points
375 against a person's driving record for a conviction of a traffic violation:
376 (A) that occurred in another state; and
377 (B) that was committed on or after July 1, 2011.
378 (iv) The provisions of Subsection (4)(b)(iii) do not apply to:
379 (A) a reckless or impaired driving violation or a speeding violation for exceeding the
380 posted speed limit by 21 or more miles per hour; or
381 (B) an offense committed in another state which, if committed within Utah, would
382 result in the mandatory suspension or revocation of a license upon conviction under Section
383 53-3-220.
384 (c) Every person convicted of a traffic violation shall have assessed against the person's
385 driving record the number of points that the division has assigned to the type of violation of
386 which the person has been convicted, except that the number of points assessed shall be
387 decreased by 10% if on the abstract of the court record of the conviction the court has graded
388 the severity of violation as minimum, and shall be increased by 10% if on the abstract the court
389 has graded the severity of violation as maximum.
390 (d) (i) A separate procedure for assessing points for speeding offenses shall be
391 established by the division based upon the severity of the offense.
392 (ii) The severity of a speeding violation shall be graded as:
393 (A) "minimum" for exceeding the posted speed limit by up to 10 miles per hour;
394 (B) "intermediate" for exceeding the posted speed limit by from 11 to 20 miles per
395 hour; and
396 (C) "maximum" for exceeding the posted speed limit by 21 or more miles per hour.
397 (iii) Consideration shall be made for assessment of no points on minimum speeding
398 violations, except for speeding violations in school zones.
399 (e) (i) Points assessed against a person's driving record shall be deleted for violations
400 occurring before a time limit set by the division.
401 (ii) The time limit may not exceed three years.
402 (iii) The division may also delete points to reward violation-free driving for periods of
403 time set by the division.
404 (f) (i) By publication in two newspapers having general circulation throughout the
405 state, the division shall give notice of the number of points it has assigned to each type of
406 traffic violation, the time limit set by the division for the deletion of points, and the point level
407 at which the division will generally take action to deny or suspend under this section.
408 (ii) The division may not change any of the information provided above regarding
409 points without first giving new notice in the same manner.
410 (5) (a) (i) If the division finds that the license of a person should be denied, suspended,
411 disqualified, or revoked under this section, the division shall immediately notify the licensee in
412 a manner specified by the division and afford the person an opportunity for a hearing in the
413 county where the licensee resides.
414 (ii) The hearing shall be documented, and the division or its authorized agent may
415 administer oaths, may issue subpoenas for the attendance of witnesses and the production of
416 relevant books and papers, and may require a reexamination of the licensee.
417 (iii) One or more members of the division may conduct the hearing, and any decision
418 made after a hearing before any number of the members of the division is as valid as if made
419 after a hearing before the full membership of the division.
420 (iv) After the hearing the division shall either rescind or affirm its decision to deny,
421 suspend, disqualify, or revoke the license.
422 (b) The denial, suspension, disqualification, or revocation of the license remains in
423 effect pending qualifications determined by the division regarding a person:
424 (i) whose license has been denied or suspended following reexamination;
425 (ii) who is incompetent to drive a motor vehicle;
426 (iii) who is afflicted with mental or physical infirmities that might make him dangerous
427 on the highways; or
428 (iv) who may not have the necessary knowledge or skill to drive a motor vehicle safely.
429 (6) (a) Subject to Subsection (6)(d), the division shall suspend a person's license when
430 the division receives notice from the Office of Recovery Services that the Office of Recovery
431 Services has ordered the suspension of the person's license.
432 (b) A suspension under Subsection (6)(a) shall remain in effect until the division
433 receives notice from the Office of Recovery Services that the Office of Recovery Services has
434 rescinded the order of suspension.
435 (c) After an order of suspension is rescinded under Subsection (6)(b), a report
436 authorized by Section 53-3-104 may not contain any evidence of the suspension.
437 (d) (i) If the division suspends a person's license under this Subsection (6), the division
438 shall, upon application, issue a temporary limited driver license to the person if that person
439 needs a driver license for employment, education, or child visitation.
440 (ii) The temporary limited driver license described in this section:
441 (A) shall provide that the person may operate a motor vehicle only for the purpose of
442 driving to or from the person's place of employment, education, or child visitation;
443 (B) shall prohibit the person from driving a motor vehicle for any purpose other than a
444 purpose described in Subsection (6)(d)(ii)(A); and
445 (C) shall expire 90 days after the day on which the temporary limited driver license is
446 issued.
447 (iii) (A) During the period beginning on the day on which a temporary limited driver
448 license is issued under this Subsection (6), and ending on the day that the temporary limited
449 driver license expires, the suspension described in this Subsection (6) only applies if the person
450 who is suspended operates a motor vehicle for a purpose other than employment, education, or
451 child visitation.
452 (B) Upon expiration of a temporary limited driver license described in this Subsection
453 (6)(d):
454 (I) a suspension described in Subsection (6)(a) shall be in full effect until the division
455 receives notice, under Subsection (6)(b), that the order of suspension is rescinded; and
456 (II) a person suspended under Subsection (6)(a) may not drive a motor vehicle for any
457 reason.
458 (iv) The division is not required to issue a limited driver license to a person under this
459 Subsection (6)(d) if there are other legal grounds for the suspension of the person's driver
460 license.
461 (v) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
462 Administrative Rulemaking Act, to implement the provisions of this part.
463 (7) (a) The division may suspend or revoke the license of any resident of this state
464 upon receiving notice of the conviction of that person in another state of an offense committed
465 there that, if committed in this state, would be grounds for the suspension or revocation of a
466 license.
467 (b) The division may, upon receiving a record of the conviction in this state of a
468 nonresident driver of a motor vehicle or motorboat of any offense under the motor vehicle laws
469 of this state, forward a certified copy of the record to the motor vehicle administrator in the
470 state where the person convicted is a resident.
471 (8) (a) The division may suspend or revoke the license of any nonresident to drive a
472 motor vehicle in this state for any cause for which the license of a resident driver may be
473 suspended or revoked.
474 (b) Any nonresident who drives a motor vehicle upon a highway when the person's
475 license has been suspended or revoked by the division is guilty of a class C misdemeanor.
476 (9) (a) The division may not deny or suspend the license of any person for a period of
477 more than one year except:
478 (i) for failure to comply with the terms of a traffic citation under Subsection (2);
479 (ii) upon receipt of a second or subsequent order suspending juvenile driving privileges
480 under Section 53-3-219;
481 (iii) when extending a denial or suspension upon receiving certain records or reports
482 under Subsection 53-3-220(2);
483 (iv) for failure to give and maintain owner's or operator's security under Section
484 41-12a-411;
485 (v) when the division suspends the license under Subsection (6); or
486 (vi) when the division denies the license under Subsection (14).
487 (b) The division may suspend the license of a person under Subsection (2) until the
488 person shows satisfactory evidence of compliance with the terms of the traffic citation.
489 (10) (a) By following the procedures in Title 63G, Chapter 4, Administrative
490 Procedures Act, the division may suspend the license of any person without receiving a record
491 of the person's conviction for a crime when the division has reason to believe that the person's
492 license was granted by the division through error or fraud or that the necessary consent for the
493 license has been withdrawn or is terminated.
494 (b) The procedure upon suspension is the same as under Subsection (5), except that
495 after the hearing the division shall either rescind its order of suspension or cancel the license.
496 (11) (a) The division, having good cause to believe that a licensed driver is
497 incompetent or otherwise not qualified to be licensed, may upon notice in a manner specified
498 by the division of at least five days to the licensee require him to submit to an examination.
499 (b) Upon the conclusion of the examination the division may suspend or revoke the
500 person's license, permit him to retain the license, or grant a license subject to a restriction
501 imposed in accordance with Section 53-3-208.
502 (c) Refusal or neglect of the licensee to submit to an examination is grounds for
503 suspension or revocation of the licensee's license.
504 (12) (a) Except as provided in Subsection (12)(b), a report authorized by Section
505 53-3-104 may not contain any evidence of a conviction for speeding on an interstate system in
506 this state if the conviction was for a speed of 10 miles per hour or less, above the posted speed
507 limit and did not result in an accident, unless authorized in a manner specified by the division
508 by the individual whose report is being requested.
509 (b) The provisions of Subsection (12)(a) do not apply for:
510 (i) a CDIP or CDL license holder; or
511 (ii) a violation that occurred in a commercial motor vehicle.
512 (13) (a) By following the procedures in Title 63G, Chapter 4, Administrative
513 Procedures Act, the division may suspend the license of a person if it has reason to believe that
514 the person is the owner of a motor vehicle for which security is required under Title 41,
515 Chapter 12a, Financial Responsibility of Motor Vehicle Owners and Operators Act, and has
516 driven the motor vehicle or permitted it to be driven within this state without the security being
517 in effect.
518 (b) The division may suspend a driving privilege card holder's driving privilege card if
519 the division receives notification from the Motor Vehicle Division that:
520 (i) the driving privilege card holder is the registered owner of a vehicle; and
521 (ii) the driving privilege card holder's vehicle registration has been revoked under
522 Subsection 41-1a-110(2)(a)(ii)(A).
523 (c) Section 41-12a-411 regarding the requirement of proof of owner's or operator's
524 security applies to persons whose driving privileges are suspended under this Subsection (13).
525 (14) The division may deny an individual's license if the person fails to comply with
526 the requirement to downgrade the person's CDL to a class D license under Section 53-3-410.1.
527 (15) The division may deny a person's class A, B, C, or D license if the person fails to
528 comply with the requirement to have a K restriction removed from the person's license.
529 (16) Any suspension or revocation of a person's license under this section also
530 disqualifies any license issued to that person under Part 4, Uniform Commercial Driver License
531 Act.
532 Section 4. Section 53-3-402 is amended to read:
533 53-3-402. Definitions.
534 As used in this part:
535 (1) "Alcohol" means any substance containing any form of alcohol, including ethanol,
536 methanol, propanol, and isopropanol.
537 (2) "Alcohol concentration" means the number of grams of alcohol per:
538 (a) 100 milliliters of blood;
539 (b) 210 liters of breath; or
540 (c) 67 milliliters of urine.
541 [
542
543 [
544 information system established under Title XII, Pub. L. 99-570, the Commercial Motor Vehicle
545 Safety Act of 1986, as a clearinghouse for information related to the licensing and
546 identification of commercial motor vehicle drivers.
547 [
548 102(6) of the Controlled Substance Act, 21 U.S.C. 802(6), and includes all substances listed on
549 the current Schedules I through V of 21 C.F.R., Part 1308 as they may be revised from time to
550 time.
551 [
552 (a) full-time, regularly employed drivers;
553 (b) casual, intermittent, or occasional drivers;
554 (c) leased drivers; and
555 (d) independent, owner-operator contractors while in the course of driving a
556 commercial motor vehicle who are either directly employed by or under lease to an employer.
557 [
558 state, or a political subdivision of a state, who owns or leases a commercial motor vehicle, or
559 assigns an individual to drive a commercial motor vehicle.
560 [
561 death or imprisonment for a term of more than one year.
562 [
563 state of the United States.
564 [
565 manufacturer as the maximum loaded weight of a single vehicle or GVWR of a combination or
566 articulated vehicle, and includes the GVWR of the power unit plus the total weight of all towed
567 units and the loads on those units.
568 [
569 Sec. 383.5.
570 [
571 that presents a substantial likelihood that death, serious illness, severe personal injury, or a
572 substantial endangerment to health, property, or the environment is expected to occur
573 immediately, or before the condition, practice, or violation can be abated.
574 [
575 commercial driver license holder or commercial motor vehicle operator in any of the following
576 categories:
577 (a) Non-excepted interstate. A person shall certify that the person:
578 (i) operates or expects to operate in interstate commerce;
579 (ii) is both subject to and meets the qualification requirements under 49 C.F.R. Part
580 391; and
581 (iii) is required to obtain a medical examiner's certificate under 49 C.F.R. Sec. 391.45.
582 (b) Excepted interstate. A person shall certify that the person:
583 (i) operates or expects to operate in interstate commerce, but engages exclusively in
584 transportation or operations excepted under 49 C.F.R. Sec. 390.3(f), 391.2, 391.68, or 398.3
585 from all or parts of the qualification requirements of 49 C.F.R. Part 391; and
586 (ii) is not required to obtain a medical examiner's certificate under 49 C.F.R. Sec.
587 391.45.
588 (c) Non-excepted intrastate. A person shall certify that the person:
589 (i) operates only in intrastate commerce; and
590 (ii) is subject to state driver qualification requirements under Sections 53-3-303.5,
591 53-3-304, and 53-3-414.
592 (d) Excepted intrastate. A person shall certify that the person:
593 (i) operates in intrastate commerce; and
594 (ii) engages exclusively in transportation or operations excepted from all parts of the
595 state driver qualification requirements.
596 [
597 [
598 an individual who resides in a foreign jurisdiction.
599 [
600 commercial motor vehicle.
601 [
602 72-1-102.
603 [
604 (a) speeding 15 or more miles per hour above the posted speed limit;
605 (b) reckless driving as defined by state or local law;
606 (c) improper or erratic traffic lane changes;
607 (d) following the vehicle ahead too closely;
608 (e) any other motor vehicle traffic law which arises in connection with a fatal traffic
609 accident;
610 (f) operating a commercial motor vehicle without a CDL or a CDIP;
611 (g) operating a commercial motor vehicle without the proper class of CDL or CDL
612 endorsement for the type of vehicle group being operated or for the passengers or cargo being
613 transported;
614 (h) operating a commercial motor vehicle without a CDL or CDIP license certificate in
615 the driver's possession in violation of Section 53-3-404;
616 (i) using a handheld wireless communication device in violation of Section 41-6a-1716
617 while operating a commercial motor vehicle; or
618 (j) using a hand-held mobile telephone while operating a commercial motor vehicle in
619 violation of 49 C.F.R. Sec. 392.82.
620 [
621 province or territory of Canada, or Mexico.
622 [
623 Section 5. Section 53-3-410.1 is amended to read:
624 53-3-410.1. Medical certification requirements.
625 (1) A person whose medical certification status is:
626 (a) "non-excepted interstate" under Subsection 53-3-402[
627 provide the division a medical self certification and an updated medical examiner's certificate
628 under 49 C.F.R. Sec. 391.45 upon request by the division;
629 (b) "excepted interstate" under Subsection 53-3-402[
630 to the division a medical self certification upon request by the division;
631 (c) "non-excepted intrastate" under Subsection 53-3-402[
632 upon request by the division:
633 (i) provide to the division a medical self certification; and
634 (ii) comply with the requirements of Section 53-3-303.5; or
635 (d) "excepted intrastate" under Subsection 53-3-402[
636 request by the division:
637 (i) provide to the division a medical self certification; and
638 (ii) (A) provide to the division an updated medical examiner's certificate under 49
639 C.F.R. Sec. 391.45; or
640 (B) comply with the requirements of Section 53-3-303.5.
641 (2) A request by the division for a person to comply with Subsection (1) shall
642 correspond with the expiration of the previously submitted medical examiner's certificate.
643 (3) If a person fails to comply with a request under this section, the person shall be
644 required to downgrade the person's CDL to a class D license.
645 (4) Failure to comply with the requirement of this section shall result in the denial of
646 the license under Section 53-3-221.
647 Section 6. Section 53-3-420 is amended to read:
648 53-3-420. Driver's driving record available for certain purposes.
649 The division shall provide [
650 MVR of any holder of a CDIP or CDL within 10 days of a request to:
651 [
652 (1) another state;
653 (2) [
654
655 carrier or prospective motor carrier after notification to the driver and payment of a fee under
656 Section 53-3-105;
657 (3) [
658 request and payment of a fee under Section 53-3-105; and
659 (4) the Secretary of the United States Department of Transportation.
660 Section 7. Section 53-3-709 is amended to read:
661 53-3-709. Amendment of compact.
662 (1) (a) This compact may be amended from time to time.
663 (b) Amendments shall be presented in resolution form to the chairman of the board of
664 compact administrators and may be initiated by one or more party jurisdictions.
665 (2) Adoption of an amendment requires endorsement of all party jurisdictions and
666 becomes effective 30 days after the date of the last endorsement.
667 (3) (a) Failure of a party jurisdiction to respond to the compact chairman within 120
668 days after receipt of the proposed amendment constitutes endorsement.
669 (b) A report authorized by Section 53-3-104 may not contain any evidence of a
670 suspension that occurred as a result of failure to comply with the requirements of this part.
671 (c) The provisions of Subsection (3)(b) do not apply to:
672 (i) a CDIP or CDL license holder; or
673 (ii) a violation that occurred in a commercial motor vehicle.
674 Section 8. Section 72-9-107 is amended to read:
675 72-9-107. Medical exemptions for farm vehicle operators.
676 Except as provided in Section 53-3-206, an operator of a farm vehicle or combination
677 of farm vehicles is exempt from additional requirements for physical qualifications, medical
678 examinations, and medical certification if the farm vehicle or combination of farm vehicles
679 being operated is:
680 (1) under 26,001 pounds gross vehicle weight rating;
681 (2) not operated as a commercial motor vehicle in accordance with Subsection
682 53-3-102[
683 (3) not operated as an interstate commercial motor vehicle.
684 Section 9. Effective date.
685 This bill takes effect on July 1, 2015.
686 Section 10. Coordinating H.B. 26 with S.B. 20 -- Substantive and technical
687 amendments.
688 If this H.B. 26 and S.B. 20, Uniform Driver License Act Amendments, both pass and
689 become law, it is the intent of the Legislature that the Office of Legislative Research and
690 General Counsel shall prepare the Utah Code database for publication by amending Subsection
691 53-3-102(3) to read:
692 "(3) "Commercial driver instruction permit" or "CDIP" means a commercial learner
693 permit:
694 (a) issued under Section 53-3-408; or
695 (b) issued by a state or other jurisdiction of domicile in compliance with the standards
696 contained in 49 C.F.R. Part 383."