1     
DRIVER LICENSE REVISIONS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Tim Quinn

5     
Senate Sponsor: Kevin T. Van Tassell

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions of the Uniform Driver License Act.
10     Highlighted Provisions:
11          This bill:
12          ▸     removes the requirement for a person to have a taxicab endorsement on the person's
13     driver license to drive a taxicab in the state; and
14          ▸     makes technical changes.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          53-3-102, as last amended by Laws of Utah 2016, Chapters 40 and 321
22          53-3-202, as last amended by Laws of Utah 2016, Chapters 40, 173, and 321
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 53-3-102 is amended to read:
26          53-3-102. Definitions.
27          As used in this chapter:
28          (1) "Autocycle" means a motor vehicle that:
29          (a) is designed to travel with three or fewer wheels in contact with the ground;

30          (b) is equipped with a steering wheel; and
31          (c) is equipped with seating that does not require the operator to straddle or sit astride
32     the vehicle.
33          (2) "Cancellation" means the termination by the division of a license issued through
34     error or fraud or for which consent under Section 53-3-211 has been withdrawn.
35          (3) "Class D license" means the class of license issued to drive motor vehicles not
36     defined as commercial motor vehicles or motorcycles under this chapter.
37          (4) "Commercial driver instruction permit" or "CDIP" means a commercial learner
38     permit:
39          (a) issued under Section 53-3-408; or
40          (b) issued by a state or other jurisdiction of domicile in compliance with the standards
41     contained in 49 C.F.R. Part 383.
42          (5) "Commercial driver license" or "CDL" means a license:
43          (a) issued substantially in accordance with the requirements of Title XII, Pub. L.
44     99-570, the Commercial Motor Vehicle Safety Act of 1986, and in accordance with Part 4,
45     Uniform Commercial Driver License Act, which authorizes the holder to drive a class of
46     commercial motor vehicle; and
47          (b) that was obtained by providing evidence of lawful presence in the United States
48     with one of the document requirements described in Subsection 53-3-410(1)(i)(i).
49          (6) (a) "Commercial driver license motor vehicle record" or "CDL MVR" means a
50     driving record that:
51          (i) applies to a person who holds or is required to hold a commercial driver instruction
52     permit or a CDL license; and
53          (ii) contains the following:
54          (A) information contained in the driver history, including convictions, pleas held in
55     abeyance, disqualifications, and other licensing actions for violations of any state or local law
56     relating to motor vehicle traffic control, committed in any type of vehicle;
57          (B) driver self-certification status information under Section 53-3-410.1; and

58          (C) information from medical certification record keeping in accordance with 49
59     C.F.R. Sec. 383.73(o).
60          (b) "Commercial driver license motor vehicle record" or "CDL MVR" does not mean a
61     motor vehicle record described in Subsection (30).
62          (7) (a) "Commercial motor vehicle" means a motor vehicle or combination of motor
63     vehicles designed or used to transport passengers or property if the motor vehicle:
64          (i) has a gross vehicle weight rating of 26,001 or more pounds or a lesser rating as
65     determined by federal regulation;
66          (ii) is designed to transport 16 or more passengers, including the driver; or
67          (iii) is transporting hazardous materials and is required to be placarded in accordance
68     with 49 C.F.R. Part 172, Subpart F.
69          (b) The following vehicles are not considered a commercial motor vehicle for purposes
70     of Part 4, Uniform Commercial Driver License Act:
71          (i) equipment owned and operated by the United States Department of Defense when
72     driven by any active duty military personnel and members of the reserves and national guard on
73     active duty including personnel on full-time national guard duty, personnel on part-time
74     training, and national guard military technicians and civilians who are required to wear military
75     uniforms and are subject to the code of military justice;
76          (ii) vehicles controlled and driven by a farmer to transport agricultural products, farm
77     machinery, or farm supplies to or from a farm within 150 miles of his farm but not in operation
78     as a motor carrier for hire;
79          (iii) firefighting and emergency vehicles;
80          (iv) recreational vehicles that are not used in commerce and are driven solely as family
81     or personal conveyances for recreational purposes; and
82          (v) vehicles used to provide transportation network services, as defined in Section
83     13-51-102.
84          (8) "Conviction" means any of the following:
85          (a) an unvacated adjudication of guilt or a determination that a person has violated or

86     failed to comply with the law in a court of original jurisdiction or an administrative proceeding;
87          (b) an unvacated forfeiture of bail or collateral deposited to secure a person's
88     appearance in court;
89          (c) a plea of guilty or nolo contendere accepted by the court;
90          (d) the payment of a fine or court costs; or
91          (e) violation of a condition of release without bail, regardless of whether the penalty is
92     rebated, suspended, or probated.
93          (9) "Denial" or "denied" means the withdrawal of a driving privilege by the division to
94     which the provisions of Title 41, Chapter 12a, Part 4, Proof of Owner's or Operator's Security,
95     do not apply.
96          (10) "Director" means the division director appointed under Section 53-3-103.
97          (11) "Disqualification" means either:
98          (a) the suspension, revocation, cancellation, denial, or any other withdrawal by a state
99     of a person's privileges to drive a commercial motor vehicle;
100          (b) a determination by the Federal Highway Administration, under 49 C.F.R. Part 386,
101     that a person is no longer qualified to drive a commercial motor vehicle under 49 C.F.R. Part
102     391; or
103          (c) the loss of qualification that automatically follows conviction of an offense listed in
104     49 C.F.R. Part 383.51.
105          (12) "Division" means the Driver License Division of the department created in
106     Section 53-3-103.
107          (13) "Downgrade" means to obtain a lower license class than what was originally
108     issued during an existing license cycle.
109          (14) "Drive" means:
110          (a) to operate or be in physical control of a motor vehicle upon a highway; and
111          (b) in Subsections 53-3-414(1) through (3), Subsection 53-3-414(5), and Sections
112     53-3-417 and 53-3-418, the operation or physical control of a motor vehicle at any place within
113     the state.

114          (15) (a) "Driver" means any person who drives, or is in actual physical control of a
115     motor vehicle in any location open to the general public for purposes of vehicular traffic.
116          (b) In Part 4, Uniform Commercial Driver License Act, "driver" includes any person
117     who is required to hold a CDL under Part 4, Uniform Commercial Driver License Act, or
118     federal law.
119          (16) "Driving privilege card" means the evidence of the privilege granted and issued
120     under this chapter to drive a motor vehicle to a person whose privilege was obtained without
121     providing evidence of lawful presence in the United States.
122          (17) "Extension" means a renewal completed in a manner specified by the division.
123          (18) "Farm tractor" means every motor vehicle designed and used primarily as a farm
124     implement for drawing plows, mowing machines, and other implements of husbandry.
125          (19) "Highway" means the entire width between property lines of every way or place of
126     any nature when any part of it is open to the use of the public, as a matter of right, for traffic.
127          (20) "Identification card" means a card issued under Part 8, Identification Card Act, to
128     a person for identification purposes.
129          (21) "Indigent" means that a person's income falls below the federal poverty guideline
130     issued annually by the U.S. Department of Health and Human Services in the Federal Register.
131          (22) "License" means the privilege to drive a motor vehicle.
132          (23) (a) "License certificate" means the evidence of the privilege issued under this
133     chapter to drive a motor vehicle.
134          (b) "License certificate" evidence includes a:
135          (i) regular license certificate;
136          (ii) limited-term license certificate;
137          (iii) driving privilege card;
138          (iv) CDL license certificate;
139          (v) limited-term CDL license certificate;
140          (vi) temporary regular license certificate; and
141          (vii) temporary limited-term license certificate.

142          (24) "Limited-term commercial driver license" or "limited-term CDL" means a license:
143          (a) issued substantially in accordance with the requirements of Title XII, Pub. L. No.
144     99-570, the Commercial Motor Vehicle Safety Act of 1986, and in accordance with Part 4,
145     Uniform Commercial Driver License Act, which authorizes the holder to drive a class of
146     commercial motor vehicle; and
147          (b) that was obtained by providing evidence of lawful presence in the United States
148     with one of the document requirements described in Subsection 53-3-410(1)(i)(ii).
149          (25) "Limited-term identification card" means an identification card issued under this
150     chapter to a person whose card was obtained by providing evidence of lawful presence in the
151     United States with one of the document requirements described in Subsection
152     53-3-804(2)(i)(ii).
153          (26) "Limited-term license certificate" means the evidence of the privilege granted and
154     issued under this chapter to drive a motor vehicle to a person whose privilege was obtained
155     providing evidence of lawful presence in the United States with one of the document
156     requirements described in Subsection 53-3-205(8)(a)(ii)(B).
157          (27) "Motorboat" means the same as that term is defined in Section 73-18-2.
158          (28) "Motorcycle" means every motor vehicle, other than a tractor, having a seat or
159     saddle for the use of the rider and designed to travel with not more than three wheels in contact
160     with the ground.
161          (29) "Motor vehicle" means the same as that term is defined in Section 41-1a-102.
162          (30) "Motor vehicle record" or "MVR" means a driving record under Subsection
163     53-3-109(6)(a).
164          (31) "Office of Recovery Services" means the Office of Recovery Services, created in
165     Section 62A-11-102.
166          (32) (a) "Owner" means a person other than a lien holder having an interest in the
167     property or title to a vehicle.
168          (b) "Owner" includes a person entitled to the use and possession of a vehicle subject to
169     a security interest in another person but excludes a lessee under a lease not intended as security.

170          (33) (a) "Private passenger carrier" means any motor vehicle for hire that is:
171          (i) designed to transport 15 or fewer passengers, including the driver; and
172          (ii) operated to transport an employee of the person that hires the motor vehicle.
173          (b) "Private passenger carrier" does not include [a motor vehicle driven]:
174          (i) a taxicab;
175          [(i)] (ii) a motor vehicle driven by a transportation network driver as defined in Section
176     13-51-102;
177          [(ii)] (iii) a motor vehicle driven for transportation network services as defined in
178     Section 13-51-102; and
179          [(iii)] (iv) a motor vehicle driven for a transportation network company as defined in
180     Section 13-51-102 and registered with the Division of Consumer Protection as described in
181     Section 13-51-104.
182          (34) "Regular identification card" means an identification card issued under this
183     chapter to a person whose card was obtained by providing evidence of lawful presence in the
184     United States with one of the document requirements described in Subsection 53-3-804(2)(i)(i).
185          (35) "Regular license certificate" means the evidence of the privilege issued under this
186     chapter to drive a motor vehicle whose privilege was obtained by providing evidence of lawful
187     presence in the United States with one of the document requirements described in Subsection
188     53-3-205(8)(a)(ii)(A).
189          (36) "Renewal" means to validate a license certificate so that it expires at a later date.
190          (37) "Reportable violation" means an offense required to be reported to the division as
191     determined by the division and includes those offenses against which points are assessed under
192     Section 53-3-221.
193          (38) (a) "Resident" means an individual who:
194          (i) has established a domicile in this state, as defined in Section 41-1a-202, or
195     regardless of domicile, remains in this state for an aggregate period of six months or more
196     during any calendar year;
197          (ii) engages in a trade, profession, or occupation in this state, or who accepts

198     employment in other than seasonal work in this state, and who does not commute into the state;
199          (iii) declares himself to be a resident of this state by obtaining a valid Utah driver
200     license certificate or motor vehicle registration; or
201          (iv) declares himself a resident of this state to obtain privileges not ordinarily extended
202     to nonresidents, including going to school, or placing children in school without paying
203     nonresident tuition or fees.
204          (b) "Resident" does not include any of the following:
205          (i) a member of the military, temporarily stationed in this state;
206          (ii) an out-of-state student, as classified by an institution of higher education,
207     regardless of whether the student engages in any type of employment in this state;
208          (iii) a person domiciled in another state or country, who is temporarily assigned in this
209     state, assigned by or representing an employer, religious or private organization, or a
210     governmental entity; or
211          (iv) an immediate family member who resides with or a household member of a person
212     listed in Subsections (38)(b)(i) through (iii).
213          (39) "Revocation" means the termination by action of the division of a licensee's
214     privilege to drive a motor vehicle.
215          (40) (a) "School bus" means a commercial motor vehicle used to transport pre-primary,
216     primary, or secondary school students to and from home and school, or to and from school
217     sponsored events.
218          (b) "School bus" does not include a bus used as a common carrier as defined in Section
219     59-12-102.
220          (41) "Suspension" means the temporary withdrawal by action of the division of a
221     licensee's privilege to drive a motor vehicle.
222          (42) "Taxicab" means any class D motor vehicle transporting any number of
223     passengers for hire and that is subject to state or federal regulation as a taxi.
224          Section 2. Section 53-3-202 is amended to read:
225          53-3-202. Drivers must be licensed -- Violation.

226          (1) A person may not drive a motor vehicle or an autocycle on a highway in this state
227     unless the person is:
228          (a) granted the privilege to operate a motor vehicle by being licensed as a driver by the
229     division under this chapter;
230          (b) driving an official United States Government class D motor vehicle with a valid
231     United States Government driver permit or license for that type of vehicle;
232          (c) (i) driving a road roller, road machinery, or any farm tractor or implement of
233     husbandry temporarily drawn, moved, or propelled on the highways; and
234          (ii) driving the vehicle described in Subsection (1)(c)(i) in conjunction with a
235     construction or agricultural activity;
236          (d) a nonresident who is at least 16 years of age and younger than 18 years of age who
237     has in the nonresident's immediate possession a valid license certificate issued to the
238     nonresident in the nonresident's home state or country and is driving in the class or classes
239     identified on the home state license certificate, except those persons referred to in Part 6,
240     Drivers' License Compact, of this chapter;
241          (e) a nonresident who is at least 18 years of age and who has in the nonresident's
242     immediate possession a valid license certificate issued to the nonresident in the nonresident's
243     home state or country if driving in the class or classes identified on the home state license
244     certificate, except those persons referred to in Part 6, Drivers' License Compact, of this chapter;
245          (f) driving under a learner permit in accordance with Section 53-3-210.5;
246          (g) driving with a temporary license certificate issued in accordance with Section
247     53-3-207; or
248          (h) exempt under Title 41, Chapter 22, Off-Highway Vehicles.
249          (2) A person may not drive or, while within the passenger compartment of a motor
250     vehicle, exercise any degree or form of physical control of a motor vehicle being towed by a
251     motor vehicle upon a highway unless the person:
252          (a) holds a valid license issued under this chapter for the type or class of motor vehicle
253     being towed; or

254          (b) is exempted under either Subsection (1)(b) or (1)(c).
255          (3) (a) A person may not drive a motor vehicle as a taxicab on a highway of this state
256     unless the person has a [taxicab endorsement issued by the division on the person's license
257     certificate] valid class D driver license issued by the division .
258          (b) A person may not drive a motor vehicle as a private passenger carrier on a highway
259     of this state unless the person has:
260          (i) a taxicab endorsement issued by the division on the person's license certificate; or
261          (ii) a commercial driver license with:
262          (A) a taxicab endorsement;
263          (B) a passenger endorsement; or
264          (C) a school bus endorsement.
265          (c) Nothing in Subsection (3)(b) is intended to exempt a person driving a motor vehicle
266     as a private passenger carrier from regulation under other statutory and regulatory schemes,
267     including:
268          (i) 49 C.F.R. Parts 350-399, Federal Motor Carrier Safety Regulations;
269          (ii) Title 34, Chapter 36, Transportation of Workers, and rules adopted by the Labor
270     Commission in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
271     and
272          (iii) Title 72, Chapter 9, Motor Carrier Safety Act, and rules adopted by the Motor
273     Carrier Division in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
274     Act.
275          (4) (a) Except as provided in Subsections (4)(b), (c), (d), and (e) a person may not
276     operate:
277          (i) a motorcycle unless the person has a valid class D driver license and a motorcycle
278     endorsement issued under this chapter;
279          (ii) a street legal all-terrain vehicle unless the person has a valid class D driver license;
280     or
281          (iii) a motor-driven cycle unless the person has a valid class D driver license and a

282     motorcycle endorsement issued under this chapter.
283          (b) A person operating a moped, as defined in Section 41-6a-102, is not required to
284     have a motorcycle endorsement issued under this chapter.
285          (c) A person operating an electric assisted bicycle, as defined in Section 41-6a-102, is
286     not required to have a valid class D driver license or a motorcycle endorsement issued under
287     this chapter.
288          (d) A person is not required to have a valid class D driver license if the person is:
289          (i) operating a motor assisted scooter, as defined in Section 41-6a-102, in accordance
290     with Section 41-6a-1115; or
291          (ii) operating an electric personal assistive mobility device, as defined in Section
292     41-6a-102, in accordance with Section 41-6a-1116.
293          (e) A person operating an autocycle is not required to have a motorcycle endorsement
294     issued under this chapter.
295          (5) A person who violates this section is guilty of an infraction.