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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 53-3-105, as last amended by Laws of Utah 2014, Chapters 225, 252, and 343
23 53-3-202, as last amended by Laws of Utah 2016, Chapters 40, 173, and 321
24 53-3-205, as last amended by Laws of Utah 2016, Chapter 175
25
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 53-3-102 is amended to read:
28 53-3-102. Definitions.
29 As used in this chapter:
30 (1) "Autocycle" means a motor vehicle that:
31 (a) is designed to travel with three or fewer wheels in contact with the ground;
32 (b) is equipped with a steering wheel; and
33 (c) is equipped with seating that does not require the operator to straddle or sit astride
34 the vehicle.
35 (2) "Cancellation" means the termination by the division of a license issued through
36 error or fraud or for which consent under Section 53-3-211 has been withdrawn.
37 (3) "Class D license" means the class of license issued to drive motor vehicles not
38 defined as commercial motor vehicles or motorcycles under this chapter.
39 (4) "Commercial driver instruction permit" or "CDIP" means a commercial learner
40 permit:
41 (a) issued under Section 53-3-408; or
42 (b) issued by a state or other jurisdiction of domicile in compliance with the standards
43 contained in 49 C.F.R. Part 383.
44 (5) "Commercial driver license" or "CDL" means a license:
45 (a) issued substantially in accordance with the requirements of Title XII, Pub. L.
46 99-570, the Commercial Motor Vehicle Safety Act of 1986, and in accordance with Part 4,
47 Uniform Commercial Driver License Act, which authorizes the holder to drive a class of
48 commercial motor vehicle; and
49 (b) that was obtained by providing evidence of lawful presence in the United States
50 with one of the document requirements described in Subsection 53-3-410(1)(i)(i).
51 (6) (a) "Commercial driver license motor vehicle record" or "CDL MVR" means a
52 driving record that:
53 (i) applies to a person who holds or is required to hold a commercial driver instruction
54 permit or a CDL license; and
55 (ii) contains the following:
56 (A) information contained in the driver history, including convictions, pleas held in
57 abeyance, disqualifications, and other licensing actions for violations of any state or local law
58 relating to motor vehicle traffic control, committed in any type of vehicle;
59 (B) driver self-certification status information under Section 53-3-410.1; and
60 (C) information from medical certification record keeping in accordance with 49
61 C.F.R. Sec. 383.73(o).
62 (b) "Commercial driver license motor vehicle record" or "CDL MVR" does not mean a
63 motor vehicle record described in Subsection (30).
64 (7) (a) "Commercial motor vehicle" means a motor vehicle or combination of motor
65 vehicles designed or used to transport passengers or property if the motor vehicle:
66 (i) has a gross vehicle weight rating of 26,001 or more pounds or a lesser rating as
67 determined by federal regulation;
68 (ii) is designed to transport 16 or more passengers, including the driver; or
69 (iii) is transporting hazardous materials and is required to be placarded in accordance
70 with 49 C.F.R. Part 172, Subpart F.
71 (b) The following vehicles are not considered a commercial motor vehicle for purposes
72 of Part 4, Uniform Commercial Driver License Act:
73 (i) equipment owned and operated by the United States Department of Defense when
74 driven by any active duty military personnel and members of the reserves and national guard on
75 active duty including personnel on full-time national guard duty, personnel on part-time
76 training, and national guard military technicians and civilians who are required to wear military
77 uniforms and are subject to the code of military justice;
78 (ii) vehicles controlled and driven by a farmer to transport agricultural products, farm
79 machinery, or farm supplies to or from a farm within 150 miles of his farm but not in operation
80 as a motor carrier for hire;
81 (iii) firefighting and emergency vehicles;
82 (iv) recreational vehicles that are not used in commerce and are driven solely as family
83 or personal conveyances for recreational purposes; and
84 (v) vehicles used to provide transportation network services, as defined in Section
85 13-51-102.
86 (8) "Conviction" means any of the following:
87 (a) an unvacated adjudication of guilt or a determination that a person has violated or
88 failed to comply with the law in a court of original jurisdiction or an administrative proceeding;
89 (b) an unvacated forfeiture of bail or collateral deposited to secure a person's
90 appearance in court;
91 (c) a plea of guilty or nolo contendere accepted by the court;
92 (d) the payment of a fine or court costs; or
93 (e) violation of a condition of release without bail, regardless of whether the penalty is
94 rebated, suspended, or probated.
95 (9) "Denial" or "denied" means the withdrawal of a driving privilege by the division to
96 which the provisions of Title 41, Chapter 12a, Part 4, Proof of Owner's or Operator's Security,
97 do not apply.
98 (10) "Director" means the division director appointed under Section 53-3-103.
99 (11) "Disqualification" means either:
100 (a) the suspension, revocation, cancellation, denial, or any other withdrawal by a state
101 of a person's privileges to drive a commercial motor vehicle;
102 (b) a determination by the Federal Highway Administration, under 49 C.F.R. Part 386,
103 that a person is no longer qualified to drive a commercial motor vehicle under 49 C.F.R. Part
104 391; or
105 (c) the loss of qualification that automatically follows conviction of an offense listed in
106 49 C.F.R. Part 383.51.
107 (12) "Division" means the Driver License Division of the department created in
108 Section 53-3-103.
109 (13) "Downgrade" means to obtain a lower license class than what was originally
110 issued during an existing license cycle.
111 (14) "Drive" means:
112 (a) to operate or be in physical control of a motor vehicle upon a highway; and
113 (b) in Subsections 53-3-414(1) through (3), Subsection 53-3-414(5), and Sections
114 53-3-417 and 53-3-418, the operation or physical control of a motor vehicle at any place within
115 the state.
116 (15) (a) "Driver" means any person who drives, or is in actual physical control of a
117 motor vehicle in any location open to the general public for purposes of vehicular traffic.
118 (b) In Part 4, Uniform Commercial Driver License Act, "driver" includes any person
119 who is required to hold a CDL under Part 4, Uniform Commercial Driver License Act, or
120 federal law.
121 (16) "Driving privilege card" means the evidence of the privilege granted and issued
122 under this chapter to drive a motor vehicle to a person whose privilege was obtained without
123 providing evidence of lawful presence in the United States.
124 (17) "Extension" means a renewal completed in a manner specified by the division.
125 (18) "Farm tractor" means every motor vehicle designed and used primarily as a farm
126 implement for drawing plows, mowing machines, and other implements of husbandry.
127 (19) "Highway" means the entire width between property lines of every way or place of
128 any nature when any part of it is open to the use of the public, as a matter of right, for traffic.
129 (20) "Identification card" means a card issued under Part 8, Identification Card Act, to
130 a person for identification purposes.
131 (21) "Indigent" means that a person's income falls below the federal poverty guideline
132 issued annually by the U.S. Department of Health and Human Services in the Federal Register.
133 (22) "License" means the privilege to drive a motor vehicle.
134 (23) (a) "License certificate" means the evidence of the privilege issued under this
135 chapter to drive a motor vehicle.
136 (b) "License certificate" evidence includes a:
137 (i) regular license certificate;
138 (ii) limited-term license certificate;
139 (iii) driving privilege card;
140 (iv) CDL license certificate;
141 (v) limited-term CDL license certificate;
142 (vi) temporary regular license certificate; and
143 (vii) temporary limited-term license certificate.
144 (24) "Limited-term commercial driver license" or "limited-term CDL" means a license:
145 (a) issued substantially in accordance with the requirements of Title XII, Pub. L. No.
146 99-570, the Commercial Motor Vehicle Safety Act of 1986, and in accordance with Part 4,
147 Uniform Commercial Driver License Act, which authorizes the holder to drive a class of
148 commercial motor vehicle; and
149 (b) that was obtained by providing evidence of lawful presence in the United States
150 with one of the document requirements described in Subsection 53-3-410(1)(i)(ii).
151 (25) "Limited-term identification card" means an identification card issued under this
152 chapter to a person whose card was obtained by providing evidence of lawful presence in the
153 United States with one of the document requirements described in Subsection
154 53-3-804(2)(i)(ii).
155 (26) "Limited-term license certificate" means the evidence of the privilege granted and
156 issued under this chapter to drive a motor vehicle to a person whose privilege was obtained
157 providing evidence of lawful presence in the United States with one of the document
158 requirements described in Subsection 53-3-205(8)(a)(ii)(B).
159 (27) "Motorboat" means the same as that term is defined in Section 73-18-2.
160 (28) "Motorcycle" means every motor vehicle, other than a tractor, having a seat or
161 saddle for the use of the rider and designed to travel with not more than three wheels in contact
162 with the ground.
163 (29) "Motor vehicle" means the same as that term is defined in Section 41-1a-102.
164 (30) "Motor vehicle record" or "MVR" means a driving record under Subsection
165 53-3-109(6)(a).
166 (31) "Office of Recovery Services" means the Office of Recovery Services, created in
167 Section 62A-11-102.
168 (32) (a) "Owner" means a person other than a lien holder having an interest in the
169 property or title to a vehicle.
170 (b) "Owner" includes a person entitled to the use and possession of a vehicle subject to
171 a security interest in another person but excludes a lessee under a lease not intended as security.
172 (33) (a) "Private passenger carrier" means any motor vehicle for hire that is:
173 (i) designed to transport 15 or fewer passengers, including the driver; and
174 (ii) operated to transport an employee of the person that hires the motor vehicle.
175 (b) "Private passenger carrier" does not include [
176 (i) a taxicab;
177 [
178 13-51-102;
179 [
180 Section 13-51-102; and
181 [
182 Section 13-51-102 and registered with the Division of Consumer Protection as described in
183 Section 13-51-104.
184 (34) "Regular identification card" means an identification card issued under this
185 chapter to a person whose card was obtained by providing evidence of lawful presence in the
186 United States with one of the document requirements described in Subsection 53-3-804(2)(i)(i).
187 (35) "Regular license certificate" means the evidence of the privilege issued under this
188 chapter to drive a motor vehicle whose privilege was obtained by providing evidence of lawful
189 presence in the United States with one of the document requirements described in Subsection
190 53-3-205(8)(a)(ii)(A).
191 (36) "Renewal" means to validate a license certificate so that it expires at a later date.
192 (37) "Reportable violation" means an offense required to be reported to the division as
193 determined by the division and includes those offenses against which points are assessed under
194 Section 53-3-221.
195 (38) (a) "Resident" means an individual who:
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 (38)(b)(i) through (iii).
215 (39) "Revocation" means the termination by action of the division of a licensee's
216 privilege to drive a motor vehicle.
217 (40) (a) "School bus" means a commercial motor vehicle used to transport pre-primary,
218 primary, or secondary school students to and from home and school, or to and from school
219 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 (41) "Suspension" means the temporary withdrawal by action of the division of a
223 licensee's privilege to drive a motor vehicle.
224 (42) "Taxicab" means any class D motor vehicle transporting any number of
225 passengers for hire and that is subject to state or federal regulation as a taxi.
226 Section 2. Section 53-3-105 is amended to read:
227 53-3-105. Fees for licenses, renewals, extensions, reinstatements, rescheduling,
228 and identification cards.
229 The following fees apply under this chapter:
230 (1) An original class D license application under Section 53-3-205 is $25.
231 (2) An original provisional license application for a class D license under Section
232 53-3-205 is $30.
233 (3) An original application for a motorcycle endorsement under Section 53-3-205 is
234 $9.50.
235 [
236 [
237 [
238 Subsection (10) applies.
239 [
240 Section 53-3-214 is $25.
241 [
242 [
243 [
244 53-3-214 is $13.
245 [
246 Subsection [
247 [
248 Section 53-3-214 is $20.
249 [
250 $9.50.
251 [
252 [
253 53-3-214 is $11.
254 [
255 or an original or renewal of a provisional commercial class A or B license under Part 4,
256 Uniform Commercial Driver License Act, is:
257 (a) $40 for the knowledge test; and
258 (b) $60 for the skills test.
259 [
260 or triple trailers, or tankers is $7.
261 [
262 Commercial Driver License Act, is $7.
263 [
264 Driver License Act, is $7.
265 [
266 $20.
267 (b) A retake of a CDL skills test provided for in Section 53-3-205 is $40.
268 [
269 [
270 $18.
271 [
272 (b) A license reinstatement application under Section 53-3-205 for an alcohol, drug, or
273 combination of alcohol and any drug-related offense is $35 in addition to the fee under
274 Subsection [
275 [
276 combination of alcohol and any drug-related offense under Section 41-6a-520, 53-3-223, or
277 53-3-231 or an alcohol, drug, or combination of alcohol and any drug-related offense under
278 Part 4, Uniform Commercial Driver License Act, is $230.
279 (b) This administrative fee is in addition to the fees under Subsection [
280 [
281 Section 53-3-104 or 53-3-420 is $6.
282 (b) The division may not charge for a report furnished under Section 53-3-104 to a
283 municipal, county, state, or federal agency.
284 [
285 [
286 identification card application under Section 53-3-808 is $18.
287 (b) An identification card application under Section 53-3-808 for a person with a
288 disability, as defined in 42 U.S.C. Sec. 12102, is $13.
289 (c) A fee may not be charged for an identification card application if the person
290 applying:
291 (i) has not been issued a Utah driver license;
292 (ii) is indigent; and
293 (iii) is at least 18 years of age.
294 [
295 for a person with a disability, as defined in 42 U.S.C. Sec. 12102, is $13.
296 [
297 is $18.
298 [
299 division shall impose on individuals submitting fingerprints in accordance with Section
300 53-3-205.5 the fees that the Bureau of Criminal Identification is authorized to collect for the
301 services the Bureau of Criminal Identification provides under Section 53-3-205.5.
302 [
303 $25.
304 [
305 [
306 Section 3. Section 53-3-202 is amended to read:
307 53-3-202. Drivers must be licensed -- Violation.
308 (1) A person may not drive a motor vehicle or an autocycle on a highway in this state
309 unless the person is:
310 (a) granted the privilege to operate a motor vehicle by being licensed as a driver by the
311 division under this chapter;
312 (b) driving an official United States Government class D motor vehicle with a valid
313 United States Government driver permit or license for that type of vehicle;
314 (c) (i) driving a road roller, road machinery, or any farm tractor or implement of
315 husbandry temporarily drawn, moved, or propelled on the highways; and
316 (ii) driving the vehicle described in Subsection (1)(c)(i) in conjunction with a
317 construction or agricultural activity;
318 (d) a nonresident who is at least 16 years of age and younger than 18 years of age who
319 has in the nonresident's immediate possession a valid license certificate issued to the
320 nonresident in the nonresident's home state or country and is driving in the class or classes
321 identified on the home state license certificate, except those persons referred to in Part 6,
322 Drivers' License Compact, of this chapter;
323 (e) a nonresident who is at least 18 years of age and who has in the nonresident's
324 immediate possession a valid license certificate issued to the nonresident in the nonresident's
325 home state or country if driving in the class or classes identified on the home state license
326 certificate, except those persons referred to in Part 6, Drivers' License Compact, of this chapter;
327 (f) driving under a learner permit in accordance with Section 53-3-210.5;
328 (g) driving with a temporary license certificate issued in accordance with Section
329 53-3-207; or
330 (h) exempt under Title 41, Chapter 22, Off-Highway Vehicles.
331 (2) A person may not drive or, while within the passenger compartment of a motor
332 vehicle, exercise any degree or form of physical control of a motor vehicle being towed by a
333 motor vehicle upon a highway unless the person:
334 (a) holds a valid license issued under this chapter for the type or class of motor vehicle
335 being towed; or
336 (b) is exempted under either Subsection (1)(b) or (1)(c).
337 (3) (a) A person may not drive a motor vehicle as a taxicab on a highway of this state
338 unless the person has a taxicab endorsement issued by the division on the person's license
339 certificate.
340 (b) A person may not drive a motor vehicle as a private passenger carrier on a highway
341 of this state unless the person has:
342 (i) until July 1, 2022:
343 [
344 certificate; or
345 (B) a commercial driver license with a taxicab endorsement; or
346 (ii) a commercial driver license with:
347 [
348 [
349 [
350 (c) Nothing in Subsection (3)(b) is intended to exempt a person driving a motor vehicle
351 as a private passenger carrier from regulation under other statutory and regulatory schemes,
352 including:
353 (i) 49 C.F.R. Parts 350-399, Federal Motor Carrier Safety Regulations;
354 (ii) Title 34, Chapter 36, Transportation of Workers, and rules adopted by the Labor
355 Commission in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
356 and
357 (iii) Title 72, Chapter 9, Motor Carrier Safety Act, and rules adopted by the Motor
358 Carrier Division in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
359 Act.
360 (4) (a) Except as provided in Subsections (4)(b), (c), (d), and (e) a person may not
361 operate:
362 (i) a motorcycle unless the person has a valid class D driver license and a motorcycle
363 endorsement issued under this chapter;
364 (ii) a street legal all-terrain vehicle unless the person has a valid class D driver license;
365 or
366 (iii) a motor-driven cycle unless the person has a valid class D driver license and a
367 motorcycle endorsement issued under this chapter.
368 (b) A person operating a moped, as defined in Section 41-6a-102, is not required to
369 have a motorcycle endorsement issued under this chapter.
370 (c) A person operating an electric assisted bicycle, as defined in Section 41-6a-102, is
371 not required to have a valid class D driver license or a motorcycle endorsement issued under
372 this chapter.
373 (d) A person is not required to have a valid class D driver license if the person is:
374 (i) operating a motor assisted scooter, as defined in Section 41-6a-102, in accordance
375 with Section 41-6a-1115; or
376 (ii) operating an electric personal assistive mobility device, as defined in Section
377 41-6a-102, in accordance with Section 41-6a-1116.
378 (e) A person operating an autocycle is not required to have a motorcycle endorsement
379 issued under this chapter.
380 (5) A person who violates this section is guilty of an infraction.
381 Section 4. Section 53-3-205 is amended to read:
382 53-3-205. Application for license or endorsement -- Fee required -- Tests --
383 Expiration dates of licenses and endorsements -- Information required -- Previous
384 licenses surrendered -- Driving record transferred from other states -- Reinstatement --
385 Fee required -- License agreement.
386 (1) An application for any original license, provisional license, or endorsement shall
387 be:
388 (a) made upon a form furnished by the division; and
389 (b) accompanied by a nonrefundable fee set under Section 53-3-105.
390 (2) An application and fee for an original provisional class D license or an original
391 class D license entitle the applicant to:
392 (a) not more than three attempts to pass both the knowledge and the skills tests for a
393 class D license within six months of the date of the application;
394 (b) a learner permit if needed pending completion of the application and testing
395 process; and
396 (c) an original class D license and license certificate after all tests are passed and
397 requirements are completed.
398 (3) An application and fee for a motorcycle [
399 applicant to:
400 (a) not more than three attempts to pass both the knowledge and skills tests within six
401 months of the date of the application;
402 (b) a motorcycle learner permit after the motorcycle knowledge test is passed; and
403 (c) a motorcycle [
404 (4) An application and fees for a commercial class A, B, or C license entitle the
405 applicant to:
406 (a) not more than two attempts to pass a knowledge test and not more than two
407 attempts to pass a skills test within six months of the date of the application;
408 (b) both a commercial driver instruction permit and a temporary license permit for the
409 license class held before the applicant submits the application if needed after the knowledge
410 test is passed; and
411 (c) an original commercial class A, B, or C license and license certificate when all
412 applicable tests are passed.
413 (5) An application and fee for a CDL endorsement entitle the applicant to:
414 (a) not more than two attempts to pass a knowledge test and not more than two
415 attempts to pass a skills test within six months of the date of the application; and
416 (b) a CDL endorsement when all tests are passed.
417 (6) (a) If a CDL applicant does not pass a knowledge test, skills test, or an endorsement
418 test within the number of attempts provided in Subsection (4) or (5), each test may be taken
419 two additional times within the six months for the fee provided in Section 53-3-105.
420 (b) (i) Beginning July 1, 2015, an out-of-state resident who holds a valid CDIP issued
421 by a state or jurisdiction that is compliant with 49 C.F.R. Part 383 may take a skills test
422 administered by the division if the out-of-state resident pays the fee provided in Subsection
423 53-3-105(20)(b).
424 (ii) The division shall:
425 (A) electronically transmit skills test results for an out-of-state resident to the licensing
426 agency in the state or jurisdiction in which the person has obtained a valid CDIP; and
427 (B) provide the out-of-state resident with documentary evidence upon successful
428 completion of the skills test.
429 (7) (a) Except as provided under Subsections (7)(f), (g), and (h), an original license
430 expires on the birth date of the applicant in the fifth year following the year the license
431 certificate was issued.
432 (b) Except as provided under Subsections (7)(f), (g), and (h), a renewal or an extension
433 to a license expires on the birth date of the licensee in the fifth year following the expiration
434 date of the license certificate renewed or extended.
435 (c) Except as provided under Subsections (7)(f) and (g), a duplicate license expires on
436 the same date as the last license certificate issued.
437 (d) An endorsement to a license expires on the same date as the license certificate
438 regardless of the date the endorsement was granted.
439 (e) (i) A regular license certificate and any endorsement to the regular license
440 certificate held by a person described in Subsection (7)(e)(ii), which expires during the time
441 period the person is stationed outside of the state, is valid until 90 days after the person's orders
442 have been terminated, the person has been discharged, or the person's assignment has been
443 changed or terminated, unless:
444 (A) the license is suspended, disqualified, denied, or has been cancelled or revoked by
445 the division; or
446 (B) the licensee updates the information or photograph on the license certificate.
447 (ii) The provisions in Subsection (7)(e)(i) apply to a person:
448 (A) ordered to active duty and stationed outside of Utah in any of the armed forces of
449 the United States;
450 (B) who is an immediate family member or dependent of a person described in
451 Subsection (7)(e)(ii)(A) and is residing outside of Utah;
452 (C) who is a civilian employee of the United States State Department or United States
453 Department of Defense and is stationed outside of the United States; or
454 (D) who is an immediate family member or dependent of a person described in
455 Subsection (7)(e)(ii)(C) and is residing outside of the United States.
456 (f) (i) Except as provided in Subsection (7)(f)(ii), a limited-term license certificate or a
457 renewal to a limited-term license certificate expires:
458 (A) on the expiration date of the period of time of the individual's authorized stay in
459 the United States or on the date provided under this Subsection (7), whichever is sooner; or
460 (B) on the date of issuance in the first year following the year that the limited-term
461 license certificate was issued if there is no definite end to the individual's period of authorized
462 stay.
463 (ii) A limited-term license certificate or a renewal to a limited-term license certificate
464 issued to an approved asylee or a refugee expires on the birth date of the applicant in the fourth
465 year following the year that the limited-term license certificate was issued.
466 (g) A driving privilege card issued or renewed under Section 53-3-207 expires on the
467 birth date of the applicant in the first year following the year that the driving privilege card was
468 issued or renewed.
469 (h) An original license or a renewal to an original license expires on the birth date of
470 the applicant in the first year following the year that the license was issued if the applicant is
471 required to register as a sex offender in accordance with Title 77, Chapter 41, Sex and Kidnap
472 Offender Registry.
473 (8) (a) In addition to the information required by Title 63G, Chapter 4, Administrative
474 Procedures Act, for requests for agency action, each applicant shall:
475 (i) provide:
476 (A) the applicant's full legal name;
477 (B) the applicant's birth date;
478 (C) the applicant's gender;
479 (D) (I) documentary evidence of the applicant's valid social security number;
480 (II) written proof that the applicant is ineligible to receive a social security number;
481 (III) the applicant's temporary identification number (ITIN) issued by the Internal
482 Revenue Service for a person who:
483 (Aa) does not qualify for a social security number; and
484 (Bb) is applying for a driving privilege card; or
485 (IV) other documentary evidence approved by the division;
486 (E) the applicant's Utah residence address as documented by a form or forms
487 acceptable under rules made by the division under Section 53-3-104, unless the application is
488 for a temporary CDL issued under Subsection 53-3-407(2)(b); and
489 (F) fingerprints and a photograph in accordance with Section 53-3-205.5 if the person
490 is applying for a driving privilege card;
491 (ii) provide evidence of the applicant's lawful presence in the United States by
492 providing documentary evidence:
493 (A) that a person is:
494 (I) a United States citizen;
495 (II) a United States national; or
496 (III) a legal permanent resident alien; or
497 (B) of the applicant's:
498 (I) unexpired immigrant or nonimmigrant visa status for admission into the United
499 States;
500 (II) pending or approved application for asylum in the United States;
501 (III) admission into the United States as a refugee;
502 (IV) pending or approved application for temporary protected status in the United
503 States;
504 (V) approved deferred action status;
505 (VI) pending application for adjustment of status to legal permanent resident or
506 conditional resident; or
507 (VII) conditional permanent resident alien status;
508 (iii) provide a description of the applicant;
509 (iv) state whether the applicant has previously been licensed to drive a motor vehicle
510 and, if so, when and by what state or country;
511 (v) state whether the applicant has ever had any license suspended, cancelled, revoked,
512 disqualified, or denied in the last 10 years, or whether the applicant has ever had any license
513 application refused, and if so, the date of and reason for the suspension, cancellation,
514 revocation, disqualification, denial, or refusal;
515 (vi) state whether the applicant intends to make an anatomical gift under Title 26,
516 Chapter 28, Revised Uniform Anatomical Gift Act, in compliance with Subsection (15);
517 (vii) state whether the applicant is required to register as a sex offender in accordance
518 with Title 77, Chapter 41, Sex and Kidnap Offender Registry;
519 (viii) state whether the applicant is a veteran of the United States military, provide
520 verification that the applicant was granted an honorable or general discharge from the United
521 States Armed Forces, and state whether the applicant does or does not authorize sharing the
522 information with the state Department of Veterans' and Military Affairs;
523 (ix) provide all other information the division requires; and
524 (x) sign the application which signature may include an electronic signature as defined
525 in Section 46-4-102.
526 (b) Each applicant shall have a Utah residence address, unless the application is for a
527 temporary CDL issued under Subsection 53-3-407(2)(b).
528 (c) Each applicant shall provide evidence of lawful presence in the United States in
529 accordance with Subsection (8)(a)(ii), unless the application is for a driving privilege card.
530 (d) The division shall maintain on its computerized records an applicant's:
531 (i) (A) Social Security number;
532 (B) temporary identification number (ITIN); or
533 (C) other number assigned by the division if Subsection (8)(a)(i)(D)(IV) applies; and
534 (ii) indication whether the applicant is required to register as a sex offender in
535 accordance with Title 77, Chapter 41, Sex and Kidnap Offender Registry.
536 (9) The division shall require proof of every applicant's name, birthdate, and birthplace
537 by at least one of the following means:
538 (a) current license certificate;
539 (b) birth certificate;
540 (c) Selective Service registration; or
541 (d) other proof, including church records, family Bible notations, school records, or
542 other evidence considered acceptable by the division.
543 (10) (a) Except as provided in Subsection (10)(c), if an applicant receives a license in a
544 higher class than what the applicant originally was issued:
545 (i) the license application shall be treated as an original application; and
546 (ii) license and endorsement fees shall be assessed under Section 53-3-105.
547 (b) An applicant that receives a downgraded license in a lower license class during an
548 existing license cycle that has not expired:
549 (i) may be issued a duplicate license with a lower license classification for the
550 remainder of the existing license cycle; and
551 (ii) shall be assessed a duplicate license fee under Subsection 53-3-105(22) if a
552 duplicate license is issued under Subsection (10)(b)(i).
553 (c) An applicant who has received a downgraded license in a lower license class under
554 Subsection (10)(b):
555 (i) may, when eligible, receive a duplicate license in the highest class previously issued
556 during a license cycle that has not expired for the remainder of the existing license cycle; and
557 (ii) shall be assessed a duplicate license fee under Subsection 53-3-105(22) if a
558 duplicate license is issued under Subsection (10)(c)(i).
559 (11) (a) When an application is received from a person previously licensed in another
560 state to drive a motor vehicle, the division shall request a copy of the driver's record from the
561 other state.
562 (b) When received, the driver's record becomes part of the driver's record in this state
563 with the same effect as though entered originally on the driver's record in this state.
564 (12) An application for reinstatement of a license after the suspension, cancellation,
565 disqualification, denial, or revocation of a previous license shall be accompanied by the
566 additional fee or fees specified in Section 53-3-105.
567 (13) A person who has an appointment with the division for testing and fails to keep
568 the appointment or to cancel at least 48 hours in advance of the appointment shall pay the fee
569 under Section 53-3-105.
570 (14) A person who applies for an original license or renewal of a license agrees that the
571 person's license is subject to any suspension or revocation authorized under this title or Title
572 41, Motor Vehicles.
573 (15) (a) The indication of intent under Subsection (8)(a)(vi) shall be authenticated by
574 the licensee in accordance with division rule.
575 (b) (i) Notwithstanding Title 63G, Chapter 2, Government Records Access and
576 Management Act, the division may, upon request, release to an organ procurement
577 organization, as defined in Section 26-28-102, the names and addresses of all persons who
578 under Subsection (8)(a)(vi) indicate that they intend to make an anatomical gift.
579 (ii) An organ procurement organization may use released information only to:
580 (A) obtain additional information for an anatomical gift registry; and
581 (B) inform licensees of anatomical gift options, procedures, and benefits.
582 (16) Notwithstanding Title 63G, Chapter 2, Government Records Access and
583 Management Act, the division may release to the Department of Veterans' and Military Affairs
584 the names and addresses of all persons who indicate their status as a veteran under Subsection
585 (8)(a)(viii).
586 (17) The division and its employees are not liable, as a result of false or inaccurate
587 information provided under Subsection (8)(a)(vi) or (viii), for direct or indirect:
588 (a) loss;
589 (b) detriment; or
590 (c) injury.
591 (18) A person who knowingly fails to provide the information required under
592 Subsection (8)(a)(vii) is guilty of a class A misdemeanor.
593 (19) (a) Until December 1, 2014, a person born on or after December 1, 1964, may
594 hold both an unexpired Utah license certificate and an unexpired Utah identification card.
595 (b) On or after December 1, 2014, a person born on or after December 1, 1964:
596 (i) may not hold both an unexpired Utah license certificate and an unexpired
597 identification card; and
598 (ii) if the person has both an unexpired Utah license certificate and an unexpired Utah
599 identification card in the person's possession, shall be required to surrender either the unexpired
600 Utah license certificate or the unexpired Utah identification card.
601 (c) If a person has not surrendered either the Utah license certificate or the Utah
602 identification card as required under this Subsection (19), the division shall cancel the Utah
603 identification card on December 1, 2014.
604 (20) (a) Until December 1, 2017, a person born prior to December 1, 1964, may hold
605 both an unexpired Utah license certificate and an unexpired Utah identification card.
606 (b) On or after December 1, 2017, a person born prior to December 1, 1964:
607 (i) may not hold both an unexpired Utah license certificate and an unexpired
608 identification card; and
609 (ii) if the person has both an unexpired Utah license certificate and an unexpired Utah
610 identification card in the person's possession, shall be required to surrender either the unexpired
611 Utah license certificate or the unexpired Utah identification card.
612 (c) If a person has not surrendered either the Utah license certificate or the Utah
613 identification card as required under this Subsection (20), the division shall cancel the Utah
614 identification card on December 1, 2017.
615 (21) (a) A person who applies for an original motorcycle endorsement to a regular
616 license certificate is exempt from the requirement to pass the knowledge and skills test to be
617 eligible for the motorcycle endorsement if the person:
618 (i) is a resident of the state of Utah;
619 (ii) (A) is ordered to active duty and stationed outside of Utah in any of the armed
620 forces of the United States; or
621 (B) is an immediate family member or dependent of a person described in Subsection
622 (21)(a)(ii)(A) and is residing outside of Utah;
623 (iii) has a digitized driver license photo on file with the division;
624 (iv) provides proof to the division of the successful completion of a certified
625 Motorcycle Safety Foundation rider training course; and
626 (v) provides the necessary information and documentary evidence required under
627 Subsection (8).
628 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
629 division shall make rules:
630 (i) establishing the procedures for a person to obtain a motorcycle endorsement under
631 this Subsection (21); and
632 (ii) identifying the applicable restrictions for a motorcycle endorsement issued under
633 this Subsection (21).
Legislative Review Note
Office of Legislative Research and General Counsel