This document includes Senate Committee Amendments incorporated into the bill on Fri, Mar 6, 2020 at 9:19 AM by lpoole.
Representative A. Cory Maloy proposes the following substitute bill:


1     
DRIVER LICENSE SUSPENSION AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: A. Cory Maloy

5     
Senate Sponsor: Curtis S. Bramble

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to suspension of an individual's driver license.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines a term;
13          ▸     prohibits the suspension of an individual's driver license by the Driver License
14     Division based solely on:
15               •     the individual's failure to pay certain fines; or
16               •     the issuance of a bench warrant issued as a result of the individual's failure to
17     appear or pay certain fines;
18          ▸     prohibits a court from ordering a driver license suspension or revocation under
19     certain circumstances; and
20          ▸     makes technical changes.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:

26     AMENDS:
27          41-6a-509, as last amended by Laws of Utah 2017, Chapter 446
28          41-6a-517, as last amended by Laws of Utah 2018, Third Special Session, Chapter 1
29          41-6a-1715, as last amended by Laws of Utah 2014, Chapter 416
30          53-3-102, as last amended by Laws of Utah 2019, Chapters 426 and 459
31          53-3-218, as last amended by Laws of Utah 2018, Chapter 121
32          53-3-221, as last amended by Laws of Utah 2015, Chapter 52
33     

34     Be it enacted by the Legislature of the state of Utah:
35          Section 1. Section 41-6a-509 is amended to read:
36          41-6a-509. Driver license suspension or revocation for a driving under the
37     influence violation.
38          (1) The Driver License Division shall, if the person is 21 years of age or older at the
39     time of arrest:
40          (a) suspend for a period of 120 days the operator's license of a person convicted for the
41     first time under Section 41-6a-502 of an offense committed on or after July 1, 2009; or
42          (b) revoke for a period of two years the license of a person if:
43          (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
44          (ii) the current driving under the influence violation under Section 41-6a-502 is
45     committed:
46          (A) within a period of 10 years from the date of the prior violation; and
47          (B) on or after July 1, 2009.
48          (2) The Driver License Division shall, if the person is 19 years of age or older but
49     under 21 years of age at the time of arrest:
50          (a) suspend the person's driver license until the person is 21 years of age or for a period
51     of one year, whichever is longer, if the person is convicted for the first time of a driving under
52     the influence violation under Section 41-6a-502 of an offense that was committed on or after
53     July 1, 2011;
54          (b) deny the person's application for a license or learner's permit until the person is 21
55     years of age or for a period of one year, whichever is longer, if the person:
56          (i) is convicted for the first time of a driving under the influence violation under

57     Section 41-6a-502 of an offense committed on or after July 1, 2011; and
58          (ii) has not been issued an operator license;
59          (c) revoke the person's driver license until the person is 21 years of age or for a period
60     of two years, whichever is longer, if:
61          (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
62          (ii) the current driving under the influence violation under Section 41-6a-502 is
63     committed on or after July 1, 2009, and within a period of 10 years from the date of the prior
64     violation; or
65          (d) deny the person's application for a license or learner's permit until the person is 21
66     years of age or for a period of two years, whichever is longer, if:
67          (i) the person has a prior conviction as defined under Subsection 41-6a-501(2);
68          (ii) the current driving under the influence violation under Section 41-6a-502 is
69     committed on or after July 1, 2009, and within a period of 10 years from the date of the prior
70     violation; and
71          (iii) the person has not been issued an operator license.
72          (3) The Driver License Division shall, if the person is under 19 years of age at the time
73     of arrest:
74          (a) suspend the person's driver license until the person is 21 years of age if the person
75     is convicted for the first time of a driving under the influence violation under Section
76     41-6a-502 of an offense that was committed on or after July 1, 2009;
77          (b) deny the person's application for a license or learner's permit until the person is 21
78     years of age if the person:
79          (i) is convicted for the first time of a driving under the influence violation under
80     Section 41-6a-502 of an offense committed on or after July 1, 2009; and
81          (ii) has not been issued an operator license;
82          (c) revoke the person's driver license until the person is 21 years of age if:
83          (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
84          (ii) the current driving under the influence violation under Section 41-6a-502 is
85     committed on or after July 1, 2009, and within a period of 10 years from the date of the prior
86     violation; or
87          (d) deny the person's application for a license or learner's permit until the person is 21

88     years of age if:
89          (i) the person has a prior conviction as defined under Subsection 41-6a-501(2);
90          (ii) the current driving under the influence violation under Section 41-6a-502 is
91     committed on or after July 1, 2009, and within a period of 10 years from the date of the prior
92     violation; and
93          (iii) the person has not been issued an operator license.
94          (4) The Driver License Division shall suspend or revoke the license of a person as
95     ordered by the court under Subsection (10).
96          (5) The Driver License Division shall:
97          (a) deny, suspend, or revoke the operator's license of a person convicted under Section
98     41-6a-502 of an offense that was committed prior to July 1, 2009, for the denial, suspension, or
99     revocation periods in effect prior to July 1, 2009; or
100          (b) deny, suspend, or revoke the operator's license of a person for the denial,
101     suspension, or revocation periods in effect from July 1, 2009, through June 30, 2011, if:
102          (i) the person was 20 years of age or older but under 21 years of age at the time of
103     arrest; and
104          (ii) the conviction under Section 41-6a-502 is for an offense that was committed on or
105     after July 1, 2009, and prior to July 1, 2011.
106          (6) The Driver License Division shall subtract from any suspension or revocation
107     period the number of days for which a license was previously suspended under Section
108     53-3-223 or 53-3-231, if the previous suspension was based on the same occurrence upon
109     which the record of conviction is based.
110          (7) If a conviction recorded as impaired driving is amended to a driving under the
111     influence conviction under Section 41-6a-502 in accordance with Subsection
112     41-6a-502.5(3)(a)(ii), the Driver License Division:
113          (a) may not subtract from any suspension or revocation any time for which a license
114     was previously suspended or revoked under Section 53-3-223 or 53-3-231; and
115          (b) shall start the suspension or revocation time under Subsection (1) on the date of the
116     amended conviction.
117          (8) A court that reported a conviction of a violation of Section 41-6a-502 for a
118     violation that occurred on or after July 1, 2009, to the Driver License Division may shorten the

119     suspension period imposed under Subsection (2)(a) or (b) or Subsection (3)(a) or (b) prior to
120     completion of the suspension period if the person:
121          (a) completes at least six months of the license suspension;
122          (b) completes a screening;
123          (c) completes an assessment, if it is found appropriate by a screening under Subsection
124     (8)(b);
125          (d) completes substance abuse treatment if it is found appropriate by the assessment
126     under Subsection (8)(c);
127          (e) completes an educational series if substance abuse treatment is not required by an
128     assessment under Subsection (8)(c) or the court does not order substance abuse treatment;
129          (f) has not been convicted of a violation of any motor vehicle law in which the person
130     was involved as the operator of the vehicle during the suspension period imposed under
131     Subsection (2)(a) or (b) or Subsection (3)(a) or (b);
132          (g) has complied with all the terms of the person's probation or all orders of the court if
133     not ordered to probation; and
134          (h) (i) is 18 years of age or older and provides a sworn statement to the court that the
135     person has not unlawfully consumed alcohol during the suspension period imposed under
136     Subsection (2)(a) or (b) or Subsection (3)(a) or (b); or
137          (ii) is under 18 years of age and has the person's parent or legal guardian provide an
138     affidavit or sworn statement to the court certifying that to the parent or legal guardian's
139     knowledge the person has not unlawfully consumed alcohol during the suspension period
140     imposed under Subsection (2)(a) or (b) or Subsection (3)(a) or (b).
141          (9) If the court shortens a person's license suspension period in accordance with the
142     requirements of Subsection (8), the court shall forward the order shortening the person's
143     suspension period prior to the completion of the suspension period imposed under Subsection
144     (2)(a) or (b) or Subsection (3)(a) or (b) to the Driver License Division.
145          (10) (a) (i) In addition to any other penalties provided in this section, a court may order
146     the operator's license of a person who is convicted of a violation of Section 41-6a-502 to be
147     suspended or revoked for an additional period of 90 days, 120 days, 180 days, one year, or two
148     years to remove from the highways those persons who have shown they are safety hazards.
149          (ii) The additional suspension or revocation period provided in this Subsection (10)

150     shall begin the date on which the individual would be eligible to reinstate the individual's
151     driving privilege for a violation of Section 41-6a-502.
152          (b) If the court suspends or revokes the person's license under this Subsection (10), the
153     court shall prepare and send to the Driver License Division an order to suspend or revoke that
154     person's driving privileges for a specified period of time.
155          (11) (a) The court shall notify the Driver License Division if a person fails to:
156          (i) complete all court ordered:
157          (A) screening;
158          (B) assessment;
159          (C) educational series;
160          (D) substance abuse treatment; and
161          (E) hours of work in a compensatory-service work program; or
162          (ii) pay all fines and fees, including fees for restitution and treatment costs.
163          (b) [Upon] Subject to Subsection 53-3-218(3), upon receiving the notification
164     described in Subsection (11)(a), the division shall suspend the person's driving privilege in
165     accordance [with Subsections 53-3-221(2) and (3)] Subsection 53-3-221(2).
166          (12) (a) A court that reported a conviction of a violation of Section 41-6a-502 to the
167     Driver License Division may shorten the suspension period imposed under Subsection (1)
168     before completion of the suspension period if the person is participating in or has successfully
169     completed a 24-7 sobriety program as defined in Section 41-6a-515.5.
170          (b) If the court shortens a person's license suspension period in accordance with the
171     requirements of this Subsection (12), the court shall forward to the Driver License Division the
172     order shortening the person's suspension period.
173          (c) The court shall notify the Driver License Division if a person fails to complete all
174     requirements of a 24-7 sobriety program.
175          (d) [Upon] Subject to Subsection 53-3-218(3), upon receiving the notification
176     described in Subsection (12)(c), the division shall suspend the person's driving privilege in
177     accordance with [Subsections 53-3-221(2) and (3)] Subsection 53-3-221(2).
178          Section 2. Section 41-6a-517 is amended to read:
179          41-6a-517. Definitions -- Driving with any measurable controlled substance in the
180     body -- Penalties -- Arrest without warrant.

181          (1) As used in this section:
182          (a) "Controlled substance" means the same as that term is defined in Section 58-37-2.
183          (b) "Practitioner" means the same as that term is defined in Section 58-37-2.
184          (c) "Prescribe" means the same as that term is defined in Section 58-37-2.
185          (d) "Prescription" means the same as that term is defined in Section 58-37-2.
186          (2) In cases not amounting to a violation of Section 41-6a-502, a person may not
187     operate or be in actual physical control of a motor vehicle within this state if the person has any
188     measurable controlled substance or metabolite of a controlled substance in the person's body.
189          (3) It is an affirmative defense to prosecution under this section that the controlled
190     substance was:
191          (a) involuntarily ingested by the accused;
192          (b) prescribed by a practitioner for use by the accused;
193          (c) cannabis in a medicinal dosage form or a cannabis product in a medicinal dosage
194     form that the accused ingested in accordance with Title 26, Chapter 61a, Utah Medical
195     Cannabis Act; or
196          (d) otherwise legally ingested.
197          (4) (a) A person convicted of a violation of Subsection (2) is guilty of a class B
198     misdemeanor.
199          (b) A person who violates this section is subject to conviction and sentencing under
200     both this section and any applicable offense under Section 58-37-8.
201          (5) A peace officer may, without a warrant, arrest a person for a violation of this
202     section when the officer has probable cause to believe the violation has occurred, although not
203     in the officer's presence, and if the officer has probable cause to believe that the violation was
204     committed by the person.
205          (6) The Driver License Division shall, if the person is 21 years of age or older on the
206     date of arrest:
207          (a) suspend, for a period of 120 days, the driver license of a person convicted under
208     Subsection (2) of an offense committed on or after July 1, 2009; or
209          (b) revoke, for a period of two years, the driver license of a person if:
210          (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
211          (ii) the current violation under Subsection (2) is committed on or after July 1, 2009,

212     and within a period of 10 years after the date of the prior violation.
213          (7) The Driver License Division shall, if the person is 19 years of age or older but
214     under 21 years of age on the date of arrest:
215          (a) suspend, until the person is 21 years of age or for a period of one year, whichever is
216     longer, the driver license of a person convicted under Subsection (2) of an offense committed
217     on or after July 1, 2011; or
218          (b) revoke, until the person is 21 years of age or for a period of two years, whichever is
219     longer, the driver license of a person if:
220          (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
221          (ii) the current violation under Subsection (2) is committed on or after July 1, 2009,
222     and within a period of 10 years after the date of the prior violation.
223          (8) The Driver License Division shall, if the person is under 19 years of age on the date
224     of arrest:
225          (a) suspend, until the person is 21 years of age, the driver license of a person convicted
226     under Subsection (2) of an offense committed on or after July 1, 2009; or
227          (b) revoke, until the person is 21 years of age, the driver license of a person if:
228          (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
229          (ii) the current violation under Subsection (2) is committed on or after July 1, 2009,
230     and within a period of 10 years after the date of the prior violation.
231          (9) The Driver License Division shall subtract from any suspension or revocation
232     period the number of days for which a license was previously suspended under Section
233     53-3-223 or 53-3-231, if the previous suspension was based on the same occurrence upon
234     which the record of conviction is based.
235          (10) The Driver License Division shall:
236          (a) deny, suspend, or revoke a person's license for the denial and suspension periods in
237     effect prior to July 1, 2009, for a conviction of a violation under Subsection (2) that was
238     committed prior to July 1, 2009; or
239          (b) deny, suspend, or revoke the operator's license of a person for the denial,
240     suspension, or revocation periods in effect from July 1, 2009, through June 30, 2011, if:
241          (i) the person was 20 years of age or older but under 21 years of age at the time of
242     arrest; and

243          (ii) the conviction under Subsection (2) is for an offense that was committed on or after
244     July 1, 2009, and prior to July 1, 2011.
245          (11) A court that reported a conviction of a violation of this section for a violation that
246     occurred on or after July 1, 2009, to the Driver License Division may shorten the suspension
247     period imposed under Subsection (7)(a) or (8)(a) prior to completion of the suspension period
248     if the person:
249          (a) completes at least six months of the license suspension;
250          (b) completes a screening;
251          (c) completes an assessment, if it is found appropriate by a screening under Subsection
252     (11)(b);
253          (d) completes substance abuse treatment if it is found appropriate by the assessment
254     under Subsection (11)(c);
255          (e) completes an educational series if substance abuse treatment is not required by the
256     assessment under Subsection (11)(c) or the court does not order substance abuse treatment;
257          (f) has not been convicted of a violation of any motor vehicle law in which the person
258     was involved as the operator of the vehicle during the suspension period imposed under
259     Subsection (7)(a) or (8)(a);
260          (g) has complied with all the terms of the person's probation or all orders of the court if
261     not ordered to probation; and
262          (h) (i) is 18 years of age or older and provides a sworn statement to the court that the
263     person has not consumed a controlled substance not prescribed by a practitioner for use by the
264     person or unlawfully consumed alcohol during the suspension period imposed under
265     Subsection (7)(a) or (8)(a); or
266          (ii) is under 18 years of age and has the person's parent or legal guardian provide an
267     affidavit or other sworn statement to the court certifying that to the parent or legal guardian's
268     knowledge the person has not consumed a controlled substance not prescribed by a practitioner
269     for use by the person or unlawfully consumed alcohol during the suspension period imposed
270     under Subsection (7)(a) or (8)(a).
271          (12) If the court shortens a person's license suspension period in accordance with the
272     requirements of Subsection (11), the court shall forward the order shortening the person's
273     license suspension period prior to the completion of the suspension period imposed under

274     Subsection (7)(a) or (8)(a) to the Driver License Division.
275          (13) (a) The court shall notify the Driver License Division if a person fails to:
276          (i) complete all court ordered screening and assessment, educational series, and
277     substance abuse treatment; or
278          (ii) pay all fines and fees, including fees for restitution and treatment costs.
279          (b) [Upon] Subject to Subsection 53-3-218(3), upon receiving the notification, the
280     division shall suspend the person's driving privilege in accordance with [Subsections
281     53-3-221(2) and (3)] Subsection 53-3-221(2).
282          (14) The court:
283          (a) shall order supervised probation in accordance with Section 41-6a-507 for a person
284     convicted under Subsection (2); and
285          (b) may order a person convicted under Subsection (2) to participate in a 24-7 sobriety
286     program as defined in Section 41-6a-515.5 if the person is 21 years of age or older.
287          (15) (a) A court that reported a conviction of a violation of this section to the Driver
288     License Division may shorten the suspension period imposed under Subsection (6) before
289     completion of the suspension period if the person is participating in or has successfully
290     completed a 24-7 sobriety program as defined in Section 41-6a-515.5.
291          (b) If the court shortens a person's license suspension period in accordance with the
292     requirements of this Subsection (15), the court shall forward to the Driver License Division the
293     order shortening the person's suspension period.
294          (c) The court shall notify the Driver License Division if a person fails to complete all
295     requirements of a 24-7 sobriety program.
296          (d) [Upon] Subject to Subsection 53-3-218(3), upon receiving the notification
297     described in Subsection (15)(c), the division shall suspend the person's driving privilege in
298     accordance with [Subsections 53-3-221(2) and (3)] Subsection 53-3-221(2).
299          Section 3. Section 41-6a-1715 is amended to read:
300          41-6a-1715. Careless driving defined and prohibited.
301          (1) A person operating a motor vehicle is guilty of careless driving if the person:
302          (a) commits two or more moving traffic violations under this chapter in a series of acts
303     within a single continuous period of driving covering three miles or less in total distance; or
304          (b) commits a moving traffic violation under this chapter other than a moving traffic

305     violation under Part 6, Speed Restrictions, while being distracted by one or more activities
306     taking place within the vehicle that are not related to the operation of a motor vehicle,
307     including:
308          (i) searching for an item in the vehicle; or
309          (ii) attending to personal hygiene or grooming.
310          (2) A violation of this section is a class C misdemeanor.
311          (3) In addition to the penalty provided under this section or any other section, a judge
312     may order the revocation of the convicted person's driver license if the violation causes or
313     results in the death of another person in accordance with Subsection 53-3-218[(6)](7).
314          Section 4. Section 53-3-102 is amended to read:
315          53-3-102. Definitions.
316          As used in this chapter:
317          (1) "Autocycle" means a motor vehicle that:
318          (a) is designed to travel with three or fewer wheels in contact with the ground;
319          (b) is equipped with a steering wheel; and
320          (c) is equipped with seating that does not require the operator to straddle or sit astride
321     the vehicle.
322          (2) "Cancellation" means the termination by the division of a license issued through
323     error or fraud or for which consent under Section 53-3-211 has been withdrawn.
324          (3) "Class D license" means the class of license issued to drive motor vehicles not
325     defined as commercial motor vehicles or motorcycles under this chapter.
326          (4) "Commercial driver instruction permit" or "CDIP" means a commercial learner
327     permit:
328          (a) issued under Section 53-3-408; or
329          (b) issued by a state or other jurisdiction of domicile in compliance with the standards
330     contained in 49 C.F.R. Part 383.
331          (5) "Commercial driver license" or "CDL" means a license:
332          (a) issued substantially in accordance with the requirements of Title XII, Pub. L.
333     99-570, the Commercial Motor Vehicle Safety Act of 1986, and in accordance with Part 4,
334     Uniform Commercial Driver License Act, which authorizes the holder to drive a class of
335     commercial motor vehicle; and

336          (b) that was obtained by providing evidence of lawful presence in the United States
337     with one of the document requirements described in Subsection 53-3-410(1)(i)(i).
338          (6) (a) "Commercial driver license motor vehicle record" or "CDL MVR" means a
339     driving record that:
340          (i) applies to a person who holds or is required to hold a commercial driver instruction
341     permit or a CDL license; and
342          (ii) contains the following:
343          (A) information contained in the driver history, including convictions, pleas held in
344     abeyance, disqualifications, and other licensing actions for violations of any state or local law
345     relating to motor vehicle traffic control, committed in any type of vehicle;
346          (B) driver self-certification status information under Section 53-3-410.1; and
347          (C) information from medical certification record keeping in accordance with 49
348     C.F.R. Sec. 383.73(o).
349          (b) "Commercial driver license motor vehicle record" or "CDL MVR" does not mean a
350     motor vehicle record described in Subsection (30).
351          (7) (a) "Commercial motor vehicle" means a motor vehicle or combination of motor
352     vehicles designed or used to transport passengers or property if the motor vehicle:
353          (i) has a gross vehicle weight rating of 26,001 or more pounds or a lesser rating as
354     determined by federal regulation;
355          (ii) is designed to transport 16 or more passengers, including the driver; or
356          (iii) is transporting hazardous materials and is required to be placarded in accordance
357     with 49 C.F.R. Part 172, Subpart F.
358          (b) The following vehicles are not considered a commercial motor vehicle for purposes
359     of Part 4, Uniform Commercial Driver License Act:
360          (i) equipment owned and operated by the United States Department of Defense when
361     driven by any active duty military personnel and members of the reserves and national guard on
362     active duty including personnel on full-time national guard duty, personnel on part-time
363     training, and national guard military technicians and civilians who are required to wear military
364     uniforms and are subject to the code of military justice;
365          (ii) vehicles controlled and driven by a farmer to transport agricultural products, farm
366     machinery, or farm supplies to or from a farm within 150 miles of his farm but not in operation

367     as a motor carrier for hire;
368          (iii) firefighting and emergency vehicles;
369          (iv) recreational vehicles that are not used in commerce and are driven solely as family
370     or personal conveyances for recreational purposes; and
371          (v) vehicles used to provide transportation network services, as defined in Section
372     13-51-102.
373          (8) "Conviction" means any of the following:
374          (a) an unvacated adjudication of guilt or a determination that a person has violated or
375     failed to comply with the law in a court of original jurisdiction or an administrative proceeding;
376          (b) an unvacated forfeiture of bail or collateral deposited to secure a person's
377     appearance in court;
378          (c) a plea of guilty or nolo contendere accepted by the court;
379          (d) the payment of a fine or court costs; or
380          (e) violation of a condition of release without bail, regardless of whether the penalty is
381     rebated, suspended, or probated.
382          (9) "Denial" or "denied" means the withdrawal of a driving privilege by the division to
383     which the provisions of Title 41, Chapter 12a, Part 4, Proof of Owner's or Operator's Security,
384     do not apply.
385          (10) "Director" means the division director appointed under Section 53-3-103.
386          (11) "Disqualification" means either:
387          (a) the suspension, revocation, cancellation, denial, or any other withdrawal by a state
388     of a person's privileges to drive a commercial motor vehicle;
389          (b) a determination by the Federal Highway Administration, under 49 C.F.R. Part 386,
390     that a person is no longer qualified to drive a commercial motor vehicle under 49 C.F.R. Part
391     391; or
392          (c) the loss of qualification that automatically follows conviction of an offense listed in
393     49 C.F.R. Part 383.51.
394          (12) "Division" means the Driver License Division of the department created in
395     Section 53-3-103.
396          (13) "Downgrade" means to obtain a lower license class than what was originally
397     issued during an existing license cycle.

398          (14) "Drive" means:
399          (a) to operate or be in physical control of a motor vehicle upon a highway; and
400          (b) in Subsections 53-3-414(1) through (3), Subsection 53-3-414(5), and Sections
401     53-3-417 and 53-3-418, the operation or physical control of a motor vehicle at any place within
402     the state.
403          (15) (a) "Driver" means an individual who drives, or is in actual physical control of a
404     motor vehicle in any location open to the general public for purposes of vehicular traffic.
405          (b) In Part 4, Uniform Commercial Driver License Act, "driver" includes any person
406     who is required to hold a CDL under Part 4, Uniform Commercial Driver License Act, or
407     federal law.
408          (16) "Driving privilege card" means the evidence of the privilege granted and issued
409     under this chapter to drive a motor vehicle to a person whose privilege was obtained without
410     providing evidence of lawful presence in the United States.
411          (17) "Electronic license certificate" means the evidence, in an electronic format as
412     described in Section 53-3-235, of a privilege granted under this chapter to drive a motor
413     vehicle.
414          (18) "Extension" means a renewal completed in a manner specified by the division.
415          (19) "Farm tractor" means every motor vehicle designed and used primarily as a farm
416     implement for drawing plows, mowing machines, and other implements of husbandry.
417          (20) "Highway" means the entire width between property lines of every way or place of
418     any nature when any part of it is open to the use of the public, as a matter of right, for traffic.
419          (21) "Human driver" means the same as that term is defined in Section 41-26-102.1.
420          (22) "Identification card" means a card issued under Part 8, Identification Card Act, to
421     a person for identification purposes.
422          (23) "Indigent" means that a person's income falls below the federal poverty guideline
423     issued annually by the U.S. Department of Health and Human Services in the Federal Register.
424          (24) "License" means the privilege to drive a motor vehicle.
425          (25) (a) "License certificate" means the evidence of the privilege issued under this
426     chapter to drive a motor vehicle.
427          (b) "License certificate" evidence includes:
428          (i) a regular license certificate;

429          (ii) a limited-term license certificate;
430          (iii) a driving privilege card;
431          (iv) a CDL license certificate;
432          (v) a limited-term CDL license certificate;
433          (vi) a temporary regular license certificate;
434          (vii) a temporary limited-term license certificate; and
435          (viii) an electronic license certificate created in Section 53-3-235.
436          (26) "Limited-term commercial driver license" or "limited-term CDL" means a license:
437          (a) issued substantially in accordance with the requirements of Title XII, Pub. L. No.
438     99-570, the Commercial Motor Vehicle Safety Act of 1986, and in accordance with Part 4,
439     Uniform Commercial Driver License Act, which authorizes the holder to drive a class of
440     commercial motor vehicle; and
441          (b) that was obtained by providing evidence of lawful presence in the United States
442     with one of the document requirements described in Subsection 53-3-410(1)(i)(ii).
443          (27) "Limited-term identification card" means an identification card issued under this
444     chapter to a person whose card was obtained by providing evidence of lawful presence in the
445     United States with one of the document requirements described in Subsection
446     53-3-804(2)(i)(ii).
447          (28) "Limited-term license certificate" means the evidence of the privilege granted and
448     issued under this chapter to drive a motor vehicle to a person whose privilege was obtained
449     providing evidence of lawful presence in the United States with one of the document
450     requirements described in Subsection 53-3-205(8)(a)(ii)(B).
451          (29) "Motor vehicle" means the same as that term is defined in Section 41-1a-102.
452          (30) "Motor vehicle record" or "MVR" means a driving record under Subsection
453     53-3-109(6)(a).
454          (31) "Motorboat" means the same as that term is defined in Section 73-18-2.
455          (32) "Motorcycle" means every motor vehicle, other than a tractor, having a seat or
456     saddle for the use of the rider and designed to travel with not more than three wheels in contact
457     with the ground.
458          (33) "Office of Recovery Services" means the Office of Recovery Services, created in
459     Section 62A-11-102.

460          (34) "Operate" means the same as that term is defined in Section 41-1a-102.
461          (35) (a) "Owner" means a person other than a lien holder having an interest in the
462     property or title to a vehicle.
463          (b) "Owner" includes a person entitled to the use and possession of a vehicle subject to
464     a security interest in another person but excludes a lessee under a lease not intended as security.
465          (36) "Penalty accounts receivable" means a fine, restitution, forfeiture, fee, surcharge,
466     or other financial penalty imposed on an individual by a court or another governmental entity.
467          [(36)] (37) (a) "Private passenger carrier" means any motor vehicle for hire that is:
468          (i) designed to transport 15 or fewer passengers, including the driver; and
469          (ii) operated to transport an employee of the person that hires the motor vehicle.
470          (b) "Private passenger carrier" does not include:
471          (i) a taxicab;
472          (ii) a motor vehicle driven by a transportation network driver as defined in Section
473     13-51-102;
474          (iii) a motor vehicle driven for transportation network services as defined in Section
475     13-51-102; and
476          (iv) a motor vehicle driven for a transportation network company as defined in Section
477     13-51-102 and registered with the Division of Consumer Protection as described in Section
478     13-51-104.
479          [(37)] (38) "Regular identification card" means an identification card issued under this
480     chapter to a person whose card was obtained by providing evidence of lawful presence in the
481     United States with one of the document requirements described in Subsection 53-3-804(2)(i)(i).
482          [(38)] (39) "Regular license certificate" means the evidence of the privilege issued
483     under this chapter to drive a motor vehicle whose privilege was obtained by providing evidence
484     of lawful presence in the United States with one of the document requirements described in
485     Subsection 53-3-205(8)(a)(ii)(A).
486          [(39)] (40) "Renewal" means to validate a license certificate so that it expires at a later
487     date.
488          [(40)] (41) "Reportable violation" means an offense required to be reported to the
489     division as determined by the division and includes those offenses against which points are
490     assessed under Section 53-3-221.

491          [(41)] (42) (a) "Resident" means an individual who:
492          (i) has established a domicile in this state, as defined in Section 41-1a-202, or
493     regardless of domicile, remains in this state for an aggregate period of six months or more
494     during any calendar year;
495          (ii) engages in a trade, profession, or occupation in this state, or who accepts
496     employment in other than seasonal work in this state, and who does not commute into the state;
497          (iii) declares himself to be a resident of this state by obtaining a valid Utah driver
498     license certificate or motor vehicle registration; or
499          (iv) declares himself a resident of this state to obtain privileges not ordinarily extended
500     to nonresidents, including going to school, or placing children in school without paying
501     nonresident tuition or fees.
502          (b) "Resident" does not include any of the following:
503          (i) a member of the military, temporarily stationed in this state;
504          (ii) an out-of-state student, as classified by an institution of higher education,
505     regardless of whether the student engages in any type of employment in this state;
506          (iii) a person domiciled in another state or country, who is temporarily assigned in this
507     state, assigned by or representing an employer, religious or private organization, or a
508     governmental entity; or
509          (iv) an immediate family member who resides with or a household member of a person
510     listed in Subsections [(41)] (42)(b)(i) through (iii).
511          [(42)] (43) "Revocation" means the termination by action of the division of a licensee's
512     privilege to drive a motor vehicle.
513          [(43)] (44) (a) "School bus" means a commercial motor vehicle used to transport
514     pre-primary, primary, or secondary school students to and from home and school, or to and
515     from school sponsored events.
516          (b) "School bus" does not include a bus used as a common carrier as defined in Section
517     59-12-102.
518          [(44)] (45) "Suspension" means the temporary withdrawal by action of the division of a
519     licensee's privilege to drive a motor vehicle.
520          [(45)] (46) "Taxicab" means any class D motor vehicle transporting any number of
521     passengers for hire and that is subject to state or federal regulation as a taxi.

522          Section 5. Section 53-3-218 is amended to read:
523          53-3-218. Court to report convictions and may recommend suspension of license
524     -- Severity of speeding violation defined.
525          (1) As used in this section, "conviction" means conviction by the court of first
526     impression or final administrative determination in an administrative traffic proceeding.
527          (2) (a) Except as provided in Subsection (2)(c), a court having jurisdiction over
528     offenses committed under this chapter or any other law of this state, or under any municipal
529     ordinance regulating driving motor vehicles on highways or driving motorboats on the water,
530     shall forward to the division within five days, an abstract of the court record of the conviction
531     or plea held in abeyance of any person in the court for a reportable traffic or motorboating
532     violation of any laws or ordinances, and may recommend the suspension of the license of the
533     person convicted.
534          (b) When the division receives a court record of a conviction or plea in abeyance for a
535     motorboat violation, the division may only take action against a person's driver license if the
536     motorboat violation is for a violation of Title 41, Chapter 6a, Part 5, Driving Under the
537     Influence and Reckless Driving.
538          (c) A court may not forward to the division an abstract of a court record of a conviction
539     for a violation described in Subsection 53-3-220(1)(c)(i) or (ii), unless the court found that the
540     person convicted of the violation was an operator of a motor vehicle at the time of the
541     violation.
542          (3) (a) A court may not order the division to suspend a person's driver's license based
543     solely on the person's failure to pay a penalty accounts receivable.
544          (b) Ŝ→ [
(i)] ←Ŝ The court may notify the division, and the division may, prior to sentencing,
545     suspend the driver license of a person who fails to appear if the person is charged with:
546          Ŝ→ [
(A) a class C misdemeanor or higher related to the operation of a motor vehicle;]
546a          (i) an offense of any level that is a moving traffic violation; ←Ŝ
547          Ŝ→ [
(B)] (ii) ←Ŝ an offense described in Title 41, Chapter 12a, Part 3, Owner's or Operator's
548     Security Requirement; or
549          Ŝ→ [
(C)] (iii) ←Ŝ an offense described in Subsection 53-3-220(1)(a) or (b).
550          Ŝ→ [
(ii) For a person charged with an offense related to the operation of a motor vehicle
551     that is an infraction or a class C misdemeanor not related to the operation of a motor vehicle,
552     and the person fails to appear, the division may not suspend the person's driver license prior to

553     ☆sentencing.
] ←Ŝ

554          [(3)] (4) The abstract shall be made in the form prescribed by the division and shall
555     include:
556          (a) the name, date of birth, and address of the party charged;
557          (b) the license certificate number of the party charged, if any;
558          (c) the registration number of the motor vehicle or motorboat involved;
559          (d) whether the motor vehicle was a commercial motor vehicle;
560          (e) whether the motor vehicle carried hazardous materials;
561          (f) whether the motor vehicle carried 16 or more occupants;
562          (g) whether the driver presented a commercial driver license;
563          (h) the nature of the offense;
564          (i) whether the offense involved an accident;
565          (j) the driver's blood alcohol content, if applicable;
566          (k) if the offense involved a speeding violation:
567          (i) the posted speed limit;
568          (ii) the actual speed; and
569          (iii) whether the speeding violation occurred on a highway that is part of the interstate
570     system as defined in Section 72-1-102;
571          (l) the date of the hearing;
572          (m) the plea;
573          (n) the judgment or whether bail was forfeited; and
574          (o) the severity of the violation, which shall be graded by the court as "minimum,"
575     "intermediate," or "maximum" as established in accordance with Subsection 53-3-221(4).
576          [(4)] (5) When a convicted person secures a judgment of acquittal or reversal in any
577     appellate court after conviction in the court of first impression, the division shall reinstate the
578     convicted person's license immediately upon receipt of a certified copy of the judgment of
579     acquittal or reversal.
580          [(5)] (6) Upon a conviction for a violation of the prohibition on using a handheld
581     wireless communication device for text messaging or electronic mail communication while
582     operating a moving motor vehicle under Section 41-6a-1716, a judge may order a suspension
583     of the convicted person's license for a period of three months.

584          [(6)] (7) Upon a conviction for a violation of careless driving under Section
585     41-6a-1715 that causes or results in the death of another person, a judge may order a revocation
586     of the convicted person's license for a period of one year.
587          Section 6. Section 53-3-221 is amended to read:
588          53-3-221. Offenses that may result in denial, suspension, disqualification, or
589     revocation of license -- Additional grounds for suspension -- Point system for traffic
590     violations -- Notice and hearing -- Reporting of traffic violation procedures.
591          (1) By following the procedures in Title 63G, Chapter 4, Administrative Procedures
592     Act, the division may deny, suspend, disqualify, or revoke the license or permit of any person
593     without receiving a record of the person's conviction of crime when the division has been
594     notified or has reason to believe the person:
595          (a) has committed any offenses for which mandatory suspension or revocation of a
596     license is required upon conviction under Section 53-3-220;
597          (b) has, by reckless or unlawful driving of a motor vehicle, caused or contributed to an
598     accident resulting in death or injury to any other person, or serious property damage;
599          (c) is incompetent to drive a motor vehicle or mobility vehicle or has a mental or
600     physical disability rendering it unsafe for the person to drive a motor vehicle or mobility
601     vehicle upon the highways;
602          (d) has committed a serious violation of the motor vehicle laws of this state;
603          (e) has knowingly committed a violation of Section 53-3-229; or
604          (f) has been convicted of serious offenses against traffic laws governing the movement
605     of motor vehicles with a frequency that indicates a disrespect for traffic laws and a disregard
606     for the safety of other persons on the highways.
607          [(2) (a) The division may suspend the license of a person under Subsection (1) when
608     the person has failed to comply with the terms stated on a traffic citation issued in this state,
609     except this Subsection (2) does not apply to highway weight limit violations or violations of
610     law governing the transportation of hazardous materials.]
611          [(b) This Subsection (2) applies to parking and standing violations only if a court has
612     issued a warrant for the arrest of a person for failure to post bail, appear, or otherwise satisfy
613     the terms of the citation.]
614          (2) (a) (i) Except as provided in Subsection 53-3-218(3), and subject to Subsection

615     (2)(a)(ii), the division may suspend a license of a person under Subsection (1) when the person
616     has failed to:
617          (A) comply with the terms stated on a traffic citation issued in this state; or
618          (B) successfully complete a 24-7 sobriety program as defined in Section 41-6a-515.5.
619          (ii) This Subsection (2) does not apply to highway weight limit violations or violations
620     of law governing the transportation of hazardous materials.
621          [(c)] (b) (i) This Subsection (2) may not be exercised unless notice of the pending
622     suspension of the driving privilege has been sent at least [10] 30 days previously to the person
623     at the address provided to the division.
624          (ii) The division may not send the notice of pending suspension described in
625     Subsection (2)(b)(i) until at least 30 days after receiving notice from the court of the person's
626     failure to comply with the terms stated on the traffic citation.
627          [(ii)] (iii) After clearance by the division, a report authorized by Section 53-3-104 may
628     not contain any evidence of a suspension that occurred as a result of failure to comply with the
629     terms stated on a traffic citation.
630          [(3) (a) The division may suspend the license of a person under Subsection (1) when
631     the division has been notified by a court that the person has an outstanding unpaid fine, an
632     outstanding incomplete restitution requirement, or an outstanding warrant levied by order of a
633     court.]
634          [(b) The suspension remains in effect until the division is notified by the court that the
635     order has been satisfied.]
636          [(c) After clearance by the division, a report authorized by Section 53-3-104 may not
637     contain any evidence of the suspension.]
638          [(d) The provisions of Subsection (3)(c) do not apply to:]
639          [(i) a CDIP or CDL license holder; or]
640          [(ii) a violation that occurred in a commercial motor vehicle.]
641          (3) Except as provided in Subsection 53-3-218(3), the division may not revoke, deny,
642     suspend, or disqualify an individual's driver license based solely on:
643          (a) the individual's failure to appear;
644          (b) the individual's failure to pay an outstanding penalty accounts receivable; or
645          (c) the issuance of a bench warrant as a result of an event described in Subsection

646     (3)(a) or (b).
647          (4) (a) The division shall make rules establishing a point system as provided for in this
648     Subsection (4).
649          (b) (i) The division shall assign a number of points to each type of moving traffic
650     violation as a measure of its seriousness.
651          (ii) The points shall be based upon actual relationships between types of traffic
652     violations and motor vehicle traffic accidents.
653          (iii) Except as provided in Subsection (4)(b)(iv), the division may not assess points
654     against a person's driving record for a conviction of a traffic violation:
655          (A) that occurred in another state; and
656          (B) that was committed on or after July 1, 2011.
657          (iv) The provisions of Subsection (4)(b)(iii) do not apply to:
658          (A) a reckless or impaired driving violation or a speeding violation for exceeding the
659     posted speed limit by 21 or more miles per hour; or
660          (B) an offense committed in another state which, if committed within Utah, would
661     result in the mandatory suspension or revocation of a license upon conviction under Section
662     53-3-220.
663          (c) Every person convicted of a traffic violation shall have assessed against the person's
664     driving record the number of points that the division has assigned to the type of violation of
665     which the person has been convicted, except that the number of points assessed shall be
666     decreased by 10% if on the abstract of the court record of the conviction the court has graded
667     the severity of violation as minimum, and shall be increased by 10% if on the abstract the court
668     has graded the severity of violation as maximum.
669          (d) (i) A separate procedure for assessing points for speeding offenses shall be
670     established by the division based upon the severity of the offense.
671          (ii) The severity of a speeding violation shall be graded as:
672          (A) "minimum" for exceeding the posted speed limit by up to 10 miles per hour;
673          (B) "intermediate" for exceeding the posted speed limit by from 11 to 20 miles per
674     hour; and
675          (C) "maximum" for exceeding the posted speed limit by 21 or more miles per hour.
676          (iii) Consideration shall be made for assessment of no points on minimum speeding

677     violations, except for speeding violations in school zones.
678          (e) (i) Points assessed against a person's driving record shall be deleted for violations
679     occurring before a time limit set by the division.
680          (ii) The time limit may not exceed three years.
681          (iii) The division may also delete points to reward violation-free driving for periods of
682     time set by the division.
683          (f) (i) By publication in two newspapers having general circulation throughout the
684     state, the division shall give notice of the number of points it has assigned to each type of
685     traffic violation, the time limit set by the division for the deletion of points, and the point level
686     at which the division will generally take action to deny or suspend under this section.
687          (ii) The division may not change any of the information provided above regarding
688     points without first giving new notice in the same manner.
689          (5) (a) (i) If the division finds that the license of a person should be denied, suspended,
690     disqualified, or revoked under this section, the division shall immediately notify the licensee in
691     a manner specified by the division and afford the person an opportunity for a hearing in the
692     county where the licensee resides.
693          (ii) The hearing shall be documented, and the division or its authorized agent may
694     administer oaths, may issue subpoenas for the attendance of witnesses and the production of
695     relevant books and papers, and may require a reexamination of the licensee.
696          (iii) One or more members of the division may conduct the hearing, and any decision
697     made after a hearing before any number of the members of the division is as valid as if made
698     after a hearing before the full membership of the division.
699          (iv) After the hearing the division shall either rescind or affirm its decision to deny,
700     suspend, disqualify, or revoke the license.
701          (b) The denial, suspension, disqualification, or revocation of the license remains in
702     effect pending qualifications determined by the division regarding a person:
703          (i) whose license has been denied or suspended following reexamination;
704          (ii) who is incompetent to drive a motor vehicle;
705          (iii) who is afflicted with mental or physical infirmities that might make him dangerous
706     on the highways; or
707          (iv) who may not have the necessary knowledge or skill to drive a motor vehicle safely.

708          (6) (a) Subject to Subsection (6)(d), the division shall suspend a person's license when
709     the division receives notice from the Office of Recovery Services that the Office of Recovery
710     Services has ordered the suspension of the person's license.
711          (b) A suspension under Subsection (6)(a) shall remain in effect until the division
712     receives notice from the Office of Recovery Services that the Office of Recovery Services has
713     rescinded the order of suspension.
714          (c) After an order of suspension is rescinded under Subsection (6)(b), a report
715     authorized by Section 53-3-104 may not contain any evidence of the suspension.
716          (d) (i) If the division suspends a person's license under this Subsection (6), the division
717     shall, upon application, issue a temporary limited driver license to the person if that person
718     needs a driver license for employment, education, or child visitation.
719          (ii) The temporary limited driver license described in this section:
720          (A) shall provide that the person may operate a motor vehicle only for the purpose of
721     driving to or from the person's place of employment, education, or child visitation;
722          (B) shall prohibit the person from driving a motor vehicle for any purpose other than a
723     purpose described in Subsection (6)(d)(ii)(A); and
724          (C) shall expire 90 days after the day on which the temporary limited driver license is
725     issued.
726          (iii) (A) During the period beginning on the day on which a temporary limited driver
727     license is issued under this Subsection (6), and ending on the day that the temporary limited
728     driver license expires, the suspension described in this Subsection (6) only applies if the person
729     who is suspended operates a motor vehicle for a purpose other than employment, education, or
730     child visitation.
731          (B) Upon expiration of a temporary limited driver license described in this Subsection
732     (6)(d):
733          (I) a suspension described in Subsection (6)(a) shall be in full effect until the division
734     receives notice, under Subsection (6)(b), that the order of suspension is rescinded; and
735          (II) a person suspended under Subsection (6)(a) may not drive a motor vehicle for any
736     reason.
737          (iv) The division is not required to issue a limited driver license to a person under this
738     Subsection (6)(d) if there are other legal grounds for the suspension of the person's driver

739     license.
740          (v) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
741     Administrative Rulemaking Act, to implement the provisions of this part.
742          (7) (a) The division may suspend or revoke the license of any resident of this state
743     upon receiving notice of the conviction of that person in another state of an offense committed
744     there that, if committed in this state, would be grounds for the suspension or revocation of a
745     license.
746          (b) The division may, upon receiving a record of the conviction in this state of a
747     nonresident driver of a motor vehicle or motorboat of any offense under the motor vehicle laws
748     of this state, forward a certified copy of the record to the motor vehicle administrator in the
749     state where the person convicted is a resident.
750          (8) (a) The division may suspend or revoke the license of any nonresident to drive a
751     motor vehicle in this state for any cause for which the license of a resident driver may be
752     suspended or revoked.
753          (b) Any nonresident who drives a motor vehicle upon a highway when the person's
754     license has been suspended or revoked by the division is guilty of a class C misdemeanor.
755          (9) (a) The division may not deny or suspend the license of any person for a period of
756     more than one year except:
757          (i) for failure to comply with the terms of a traffic citation under Subsection (2);
758          (ii) upon receipt of a second or subsequent order suspending juvenile driving privileges
759     under Section 53-3-219;
760          (iii) when extending a denial or suspension upon receiving certain records or reports
761     under Subsection 53-3-220(2);
762          (iv) for failure to give and maintain owner's or operator's security under Section
763     41-12a-411;
764          (v) when the division suspends the license under Subsection (6); or
765          (vi) when the division denies the license under Subsection (14).
766          (b) The division may suspend the license of a person under Subsection (2) until the
767     person shows satisfactory evidence of compliance with the terms of the traffic citation.
768          (10) (a) By following the procedures in Title 63G, Chapter 4, Administrative
769     Procedures Act, the division may suspend the license of any person without receiving a record

770     of the person's conviction for a crime when the division has reason to believe that the person's
771     license was granted by the division through error or fraud or that the necessary consent for the
772     license has been withdrawn or is terminated.
773          (b) The procedure upon suspension is the same as under Subsection (5), except that
774     after the hearing the division shall either rescind its order of suspension or cancel the license.
775          (11) (a) The division, having good cause to believe that a licensed driver is
776     incompetent or otherwise not qualified to be licensed, may upon notice in a manner specified
777     by the division of at least five days to the licensee require him to submit to an examination.
778          (b) Upon the conclusion of the examination the division may suspend or revoke the
779     person's license, permit him to retain the license, or grant a license subject to a restriction
780     imposed in accordance with Section 53-3-208.
781          (c) Refusal or neglect of the licensee to submit to an examination is grounds for
782     suspension or revocation of the licensee's license.
783          (12) (a) Except as provided in Subsection (12)(b), a report authorized by Section
784     53-3-104 may not contain any evidence of a conviction for speeding on an interstate system in
785     this state if the conviction was for a speed of 10 miles per hour or less, above the posted speed
786     limit and did not result in an accident, unless authorized in a manner specified by the division
787     by the individual whose report is being requested.
788          (b) The provisions of Subsection (12)(a) do not apply for:
789          (i) a CDIP or CDL license holder; or
790          (ii) a violation that occurred in a commercial motor vehicle.
791          (13) (a) By following the procedures in Title 63G, Chapter 4, Administrative
792     Procedures Act, the division may suspend the license of a person if it has reason to believe that
793     the person is the owner of a motor vehicle for which security is required under Title 41,
794     Chapter 12a, Financial Responsibility of Motor Vehicle Owners and Operators Act, and has
795     driven the motor vehicle or permitted it to be driven within this state without the security being
796     in effect.
797          (b) The division may suspend a driving privilege card holder's driving privilege card if
798     the division receives notification from the Motor Vehicle Division that:
799          (i) the driving privilege card holder is the registered owner of a vehicle; and
800          (ii) the driving privilege card holder's vehicle registration has been revoked under

801     Subsection 41-1a-110(2)(a)(ii)(A).
802          (c) Section 41-12a-411 regarding the requirement of proof of owner's or operator's
803     security applies to persons whose driving privileges are suspended under this Subsection (13).
804          (14) The division may deny an individual's license if the person fails to comply with
805     the requirement to downgrade the person's CDL to a class D license under Section 53-3-410.1.
806          (15) The division may deny a person's class A, B, C, or D license if the person fails to
807     comply with the requirement to have a K restriction removed from the person's license.
808          (16) Any suspension or revocation of a person's license under this section also
809     disqualifies any license issued to that person under Part 4, Uniform Commercial Driver License
810     Act.