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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 the individual's failure to pay certain fines;
15 ▸ prohibits a court from ordering a driver license suspension or revocation under
16 certain circumstances; and
17 ▸ makes technical changes.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 41-6a-509, as last amended by Laws of Utah 2020, Chapter 177
25 41-6a-517, as last amended by Laws of Utah 2020, Chapter 12
26 41-6a-1715, as last amended by Laws of Utah 2014, Chapter 416
27 53-3-102, as last amended by Laws of Utah 2019, Chapters 426 and 459
28 53-3-218, as last amended by Laws of Utah 2018, Chapter 121
29 53-3-221, as last amended by Laws of Utah 2015, Chapter 52
30
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 41-6a-509 is amended to read:
33 41-6a-509. Driver license suspension or revocation for a driving under the
34 influence violation.
35 (1) The Driver License Division shall, if the person is 21 years of age or older at the
36 time of arrest:
37 (a) suspend for a period of 120 days the operator's license of a person convicted for the
38 first time under Section 41-6a-502; or
39 (b) revoke for a period of two years the license of a person if:
40 (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
41 (ii) the current violation under Section 41-6a-502 is committed within a period of 10
42 years from the date of the prior violation.
43 (2) The Driver License Division shall, if the person is 19 years of age or older but
44 under 21 years of age at the time of arrest:
45 (a) suspend the person's driver license until the person is 21 years of age or for a period
46 of one year, whichever is longer, if the person is convicted for the first time of a violation under
47 Section 41-6a-502 of an offense that was committed on or after July 1, 2011;
48 (b) deny the person's application for a license or learner's permit until the person is 21
49 years of age or for a period of one year, whichever is longer, if the person:
50 (i) is convicted for the first time of a violation under Section 41-6a-502 of an offense
51 committed on or after July 1, 2011; and
52 (ii) has not been issued an operator license;
53 (c) revoke the person's driver license until the person is 21 years of age or for a period
54 of two years, whichever is longer, if:
55 (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
56 (ii) the current violation under Section 41-6a-502 is committed within a period of 10
57 years from the date of the prior violation; or
58 (d) deny the person's application for a license or learner's permit until the person is 21
59 years of age or for a period of two years, whichever is longer, if:
60 (i) the person has a prior conviction as defined under Subsection 41-6a-501(2);
61 (ii) the current violation under Section 41-6a-502 is committed within a period of 10
62 years from the date of the prior violation; and
63 (iii) the person has not been issued an operator license.
64 (3) The Driver License Division shall, if the person is under 19 years of age at the time
65 of arrest:
66 (a) suspend the person's driver license until the person is 21 years of age if the person
67 is convicted for the first time of a violation under Section 41-6a-502;
68 (b) deny the person's application for a license or learner's permit until the person is 21
69 years of age if the person:
70 (i) is convicted for the first time of a violation under Section 41-6a-502; and
71 (ii) has not been issued an operator license;
72 (c) revoke the person's driver license until the person is 21 years of age if:
73 (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
74 (ii) the current violation under Section 41-6a-502 is committed within a period of 10
75 years from the date of the prior violation; or
76 (d) deny the person's application for a license or learner's permit until the person is 21
77 years of age if:
78 (i) the person has a prior conviction as defined under Subsection 41-6a-501(2);
79 (ii) the current violation under Section 41-6a-502 is committed within a period of 10
80 years from the date of the prior violation; and
81 (iii) the person has not been issued an operator license.
82 (4) The Driver License Division shall suspend or revoke the license of a person as
83 ordered by the court under Subsection (9).
84 (5) The Driver License Division shall subtract from any suspension or revocation
85 period the number of days for which a license was previously suspended under Section
86 53-3-223 or 53-3-231, if the previous suspension was based on the same occurrence upon
87 which the record of conviction is based.
88 (6) If a conviction recorded as impaired driving is amended to a driving under the
89 influence conviction under Section 41-6a-502 in accordance with Subsection
90 41-6a-502.5(3)(a)(ii), the Driver License Division:
91 (a) may not subtract from any suspension or revocation any time for which a license
92 was previously suspended or revoked under Section 53-3-223 or 53-3-231; and
93 (b) shall start the suspension or revocation time under Subsection (1) on the date of the
94 amended conviction.
95 (7) A court that reported a conviction of a violation of Section 41-6a-502 for a
96 violation that occurred on or after July 1, 2009, to the Driver License Division may shorten the
97 suspension period imposed under Subsection (2)(a) or (b) or Subsection (3)(a) or (b) prior to
98 completion of the suspension period if the person:
99 (a) completes at least six months of the license suspension;
100 (b) completes a screening;
101 (c) completes an assessment, if it is found appropriate by a screening under Subsection
102 (7)(b);
103 (d) completes substance abuse treatment if it is found appropriate by the assessment
104 under Subsection (7)(c);
105 (e) completes an educational series if substance abuse treatment is not required by an
106 assessment under Subsection (7)(c) or the court does not order substance abuse treatment;
107 (f) has not been convicted of a violation of any motor vehicle law in which the person
108 was involved as the operator of the vehicle during the suspension period imposed under
109 Subsection (2)(a) or (b) or Subsection (3)(a) or (b);
110 (g) has complied with all the terms of the person's probation or all orders of the court if
111 not ordered to probation; and
112 (h) (i) is 18 years of age or older and provides a sworn statement to the court that the
113 person has not unlawfully consumed alcohol during the suspension period imposed under
114 Subsection (2)(a) or (b) or Subsection (3)(a) or (b); or
115 (ii) is under 18 years of age and has the person's parent or legal guardian provide an
116 affidavit or sworn statement to the court certifying that to the parent or legal guardian's
117 knowledge the person has not unlawfully consumed alcohol during the suspension period
118 imposed under Subsection (2)(a) or (b) or Subsection (3)(a) or (b).
119 (8) If the court shortens a person's license suspension period in accordance with the
120 requirements of Subsection (7), the court shall forward the order shortening the person's
121 suspension period prior to the completion of the suspension period imposed under Subsection
122 (2)(a) or (b) or Subsection (3)(a) or (b) to the Driver License Division.
123 (9) (a) (i) In addition to any other penalties provided in this section, a court may order
124 the operator's license of a person who is convicted of a violation of Section 41-6a-502 to be
125 suspended or revoked for an additional period of 90 days, 120 days, 180 days, one year, or two
126 years to remove from the highways those persons who have shown they are safety hazards.
127 (ii) The additional suspension or revocation period provided in this Subsection (9) shall
128 begin the date on which the individual would be eligible to reinstate the individual's driving
129 privilege for a violation of Section 41-6a-502.
130 (b) If the court suspends or revokes the person's license under this Subsection (9), the
131 court shall prepare and send to the Driver License Division an order to suspend or revoke that
132 person's driving privileges for a specified period of time.
133 (10) (a) The court shall notify the Driver License Division if a person fails to[
134 complete all court ordered:
135 [
136 [
137 (i) screenings;
138 (ii) assessments;
139 [
140 [
141 [
142 [
143 (b) [
144 described in Subsection (10)(a), the division shall suspend the person's driving privilege in
145 accordance with [
146 (11) (a) A court that reported a conviction of a violation of Section 41-6a-502 to the
147 Driver License Division may shorten the suspension period imposed under Subsection (1)
148 before completion of the suspension period if the person is participating in or has successfully
149 completed a 24-7 sobriety program as defined in Section 41-6a-515.5.
150 (b) If the court shortens a person's license suspension period in accordance with the
151 requirements of this Subsection (11), the court shall forward to the Driver License Division the
152 order shortening the person's suspension period.
153 (c) The court shall notify the Driver License Division if a person fails to complete all
154 requirements of a 24-7 sobriety program.
155 (d) [
156 described in Subsection (11)(c), the division shall suspend the person's driving privilege in
157 accordance with [
158 Section 2. Section 41-6a-517 is amended to read:
159 41-6a-517. Definitions -- Driving with any measurable controlled substance in the
160 body -- Penalties -- Arrest without warrant.
161 (1) As used in this section:
162 (a) "Controlled substance" means the same as that term is defined in Section 58-37-2.
163 (b) "Practitioner" means the same as that term is defined in Section 58-37-2.
164 (c) "Prescribe" means the same as that term is defined in Section 58-37-2.
165 (d) "Prescription" means the same as that term is defined in Section 58-37-2.
166 (2) (a) Except as provided in Subsection (2)(b), in cases not amounting to a violation of
167 Section 41-6a-502, a person may not operate or be in actual physical control of a motor vehicle
168 within this state if the person has any measurable controlled substance or metabolite of a
169 controlled substance in the person's body.
170 (b) Subsection (2)(a) does not apply to a person that has
171 11-nor-9-carboxy-tetrahydrocannabinol as the only controlled substance present in the person's
172 body.
173 (3) It is an affirmative defense to prosecution under this section that the controlled
174 substance was:
175 (a) involuntarily ingested by the accused;
176 (b) prescribed by a practitioner for use by the accused;
177 (c) cannabis in a medicinal dosage form or a cannabis product in a medicinal dosage
178 form that the accused ingested in accordance with Title 26, Chapter 61a, Utah Medical
179 Cannabis Act; or
180 (d) otherwise legally ingested.
181 (4) (a) A person convicted of a violation of Subsection (2) is guilty of a class B
182 misdemeanor.
183 (b) A person who violates this section is subject to conviction and sentencing under
184 both this section and any applicable offense under Section 58-37-8.
185 (5) A peace officer may, without a warrant, arrest a person for a violation of this
186 section when the officer has probable cause to believe the violation has occurred, although not
187 in the officer's presence, and if the officer has probable cause to believe that the violation was
188 committed by the person.
189 (6) The Driver License Division shall, if the person is 21 years of age or older on the
190 date of arrest:
191 (a) suspend, for a period of 120 days, the driver license of a person convicted under
192 Subsection (2) of an offense committed on or after July 1, 2009; or
193 (b) revoke, for a period of two years, the driver license of a person if:
194 (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
195 (ii) the current violation under Subsection (2) is committed on or after July 1, 2009,
196 and within a period of 10 years after the date of the prior violation.
197 (7) The Driver License Division shall, if the person is 19 years of age or older but
198 under 21 years of age on the date of arrest:
199 (a) suspend, until the person is 21 years of age or for a period of one year, whichever is
200 longer, the driver license of a person convicted under Subsection (2) of an offense committed
201 on or after July 1, 2011; or
202 (b) revoke, until the person is 21 years of age or for a period of two years, whichever is
203 longer, the driver license of a person if:
204 (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
205 (ii) the current violation under Subsection (2) is committed on or after July 1, 2009,
206 and within a period of 10 years after the date of the prior violation.
207 (8) The Driver License Division shall, if the person is under 19 years of age on the date
208 of arrest:
209 (a) suspend, until the person is 21 years of age, the driver license of a person convicted
210 under Subsection (2) of an offense committed on or after July 1, 2009; or
211 (b) revoke, until the person is 21 years of age, the driver license of a person if:
212 (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
213 (ii) the current violation under Subsection (2) is committed on or after July 1, 2009,
214 and within a period of 10 years after the date of the prior violation.
215 (9) The Driver License Division shall subtract from any suspension or revocation
216 period the number of days for which a license was previously suspended under Section
217 53-3-223 or 53-3-231, if the previous suspension was based on the same occurrence upon
218 which the record of conviction is based.
219 (10) The Driver License Division shall:
220 (a) deny, suspend, or revoke a person's license for the denial and suspension periods in
221 effect prior to July 1, 2009, for a conviction of a violation under Subsection (2) that was
222 committed prior to July 1, 2009; or
223 (b) deny, suspend, or revoke the operator's license of a person for the denial,
224 suspension, or revocation periods in effect from July 1, 2009, through June 30, 2011, if:
225 (i) the person was 20 years of age or older but under 21 years of age at the time of
226 arrest; and
227 (ii) the conviction under Subsection (2) is for an offense that was committed on or after
228 July 1, 2009, and prior to July 1, 2011.
229 (11) A court that reported a conviction of a violation of this section for a violation that
230 occurred on or after July 1, 2009, to the Driver License Division may shorten the suspension
231 period imposed under Subsection (7)(a) or (8)(a) prior to completion of the suspension period
232 if the person:
233 (a) completes at least six months of the license suspension;
234 (b) completes a screening;
235 (c) completes an assessment, if it is found appropriate by a screening under Subsection
236 (11)(b);
237 (d) completes substance abuse treatment if it is found appropriate by the assessment
238 under Subsection (11)(c);
239 (e) completes an educational series if substance abuse treatment is not required by the
240 assessment under Subsection (11)(c) or the court does not order substance abuse treatment;
241 (f) has not been convicted of a violation of any motor vehicle law in which the person
242 was involved as the operator of the vehicle during the suspension period imposed under
243 Subsection (7)(a) or (8)(a);
244 (g) has complied with all the terms of the person's probation or all orders of the court if
245 not ordered to probation; and
246 (h) (i) is 18 years of age or older and provides a sworn statement to the court that the
247 person has not consumed a controlled substance not prescribed by a practitioner for use by the
248 person or unlawfully consumed alcohol during the suspension period imposed under
249 Subsection (7)(a) or (8)(a); or
250 (ii) is under 18 years of age and has the person's parent or legal guardian provide an
251 affidavit or other sworn statement to the court certifying that to the parent or legal guardian's
252 knowledge the person has not consumed a controlled substance not prescribed by a practitioner
253 for use by the person or unlawfully consumed alcohol during the suspension period imposed
254 under Subsection (7)(a) or (8)(a).
255 (12) If the court shortens a person's license suspension period in accordance with the
256 requirements of Subsection (11), the court shall forward the order shortening the person's
257 license suspension period prior to the completion of the suspension period imposed under
258 Subsection (7)(a) or (8)(a) to the Driver License Division.
259 (13) (a) The court shall notify the Driver License Division if a person fails to[
260 complete all court ordered screening and assessment, educational series, and substance abuse
261 treatment[
262 [
263 (b) [
264 division shall suspend the person's driving privilege in accordance with [
265
266 (14) The court:
267 (a) shall order supervised probation in accordance with Section 41-6a-507 for a person
268 convicted under Subsection (2); and
269 (b) may order a person convicted under Subsection (2) to participate in a 24-7 sobriety
270 program as defined in Section 41-6a-515.5 if the person is 21 years of age or older.
271 (15) (a) A court that reported a conviction of a violation of this section to the Driver
272 License Division may shorten the suspension period imposed under Subsection (6) before
273 completion of the suspension period if the person is participating in or has successfully
274 completed a 24-7 sobriety program as defined in Section 41-6a-515.5.
275 (b) If the court shortens a person's license suspension period in accordance with the
276 requirements of this Subsection (15), the court shall forward to the Driver License Division the
277 order shortening the person's suspension period.
278 (c) The court shall notify the Driver License Division if a person fails to complete all
279 requirements of a 24-7 sobriety program.
280 (d) [
281 described in Subsection (15)(c), the division shall suspend the person's driving privilege in
282 accordance with [
283 Section 3. Section 41-6a-1715 is amended to read:
284 41-6a-1715. Careless driving defined and prohibited.
285 (1) A person operating a motor vehicle is guilty of careless driving if the person:
286 (a) commits two or more moving traffic violations under this chapter in a series of acts
287 within a single continuous period of driving covering three miles or less in total distance; or
288 (b) commits a moving traffic violation under this chapter other than a moving traffic
289 violation under Part 6, Speed Restrictions, while being distracted by one or more activities
290 taking place within the vehicle that are not related to the operation of a motor vehicle,
291 including:
292 (i) searching for an item in the vehicle; or
293 (ii) attending to personal hygiene or grooming.
294 (2) A violation of this section is a class C misdemeanor.
295 (3) In addition to the penalty provided under this section or any other section, a judge
296 may order the revocation of the convicted person's driver license if the violation causes or
297 results in the death of another person in accordance with Subsection [
298 53-3-218(7).
299 Section 4. Section 53-3-102 is amended to read:
300 53-3-102. Definitions.
301 As used in this chapter:
302 (1) "Autocycle" means a motor vehicle that:
303 (a) is designed to travel with three or fewer wheels in contact with the ground;
304 (b) is equipped with a steering wheel; and
305 (c) is equipped with seating that does not require the operator to straddle or sit astride
306 the vehicle.
307 (2) "Cancellation" means the termination by the division of a license issued through
308 error or fraud or for which consent under Section 53-3-211 has been withdrawn.
309 (3) "Class D license" means the class of license issued to drive motor vehicles not
310 defined as commercial motor vehicles or motorcycles under this chapter.
311 (4) "Commercial driver instruction permit" or "CDIP" means a commercial learner
312 permit:
313 (a) issued under Section 53-3-408; or
314 (b) issued by a state or other jurisdiction of domicile in compliance with the standards
315 contained in 49 C.F.R. Part 383.
316 (5) "Commercial driver license" or "CDL" means a license:
317 (a) issued substantially in accordance with the requirements of Title XII, Pub. L.
318 99-570, the Commercial Motor Vehicle Safety Act of 1986, and in accordance with Part 4,
319 Uniform Commercial Driver License Act, which authorizes the holder to drive a class of
320 commercial motor vehicle; and
321 (b) that was obtained by providing evidence of lawful presence in the United States
322 with one of the document requirements described in Subsection 53-3-410(1)(i)(i).
323 (6) (a) "Commercial driver license motor vehicle record" or "CDL MVR" means a
324 driving record that:
325 (i) applies to a person who holds or is required to hold a commercial driver instruction
326 permit or a CDL license; and
327 (ii) contains the following:
328 (A) information contained in the driver history, including convictions, pleas held in
329 abeyance, disqualifications, and other licensing actions for violations of any state or local law
330 relating to motor vehicle traffic control, committed in any type of vehicle;
331 (B) driver self-certification status information under Section 53-3-410.1; and
332 (C) information from medical certification record keeping in accordance with 49
333 C.F.R. Sec. 383.73(o).
334 (b) "Commercial driver license motor vehicle record" or "CDL MVR" does not mean a
335 motor vehicle record described in Subsection (30).
336 (7) (a) "Commercial motor vehicle" means a motor vehicle or combination of motor
337 vehicles designed or used to transport passengers or property if the motor vehicle:
338 (i) has a gross vehicle weight rating of 26,001 or more pounds or a lesser rating as
339 determined by federal regulation;
340 (ii) is designed to transport 16 or more passengers, including the driver; or
341 (iii) is transporting hazardous materials and is required to be placarded in accordance
342 with 49 C.F.R. Part 172, Subpart F.
343 (b) The following vehicles are not considered a commercial motor vehicle for purposes
344 of Part 4, Uniform Commercial Driver License Act:
345 (i) equipment owned and operated by the United States Department of Defense when
346 driven by any active duty military personnel and members of the reserves and national guard on
347 active duty including personnel on full-time national guard duty, personnel on part-time
348 training, and national guard military technicians and civilians who are required to wear military
349 uniforms and are subject to the code of military justice;
350 (ii) vehicles controlled and driven by a farmer to transport agricultural products, farm
351 machinery, or farm supplies to or from a farm within 150 miles of his farm but not in operation
352 as a motor carrier for hire;
353 (iii) firefighting and emergency vehicles;
354 (iv) recreational vehicles that are not used in commerce and are driven solely as family
355 or personal conveyances for recreational purposes; and
356 (v) vehicles used to provide transportation network services, as defined in Section
357 13-51-102.
358 (8) "Conviction" means any of the following:
359 (a) an unvacated adjudication of guilt or a determination that a person has violated or
360 failed to comply with the law in a court of original jurisdiction or an administrative proceeding;
361 (b) an unvacated forfeiture of bail or collateral deposited to secure a person's
362 appearance in court;
363 (c) a plea of guilty or nolo contendere accepted by the court;
364 (d) the payment of a fine or court costs; or
365 (e) violation of a condition of release without bail, regardless of whether the penalty is
366 rebated, suspended, or probated.
367 (9) "Denial" or "denied" means the withdrawal of a driving privilege by the division to
368 which the provisions of Title 41, Chapter 12a, Part 4, Proof of Owner's or Operator's Security,
369 do not apply.
370 (10) "Director" means the division director appointed under Section 53-3-103.
371 (11) "Disqualification" means either:
372 (a) the suspension, revocation, cancellation, denial, or any other withdrawal by a state
373 of a person's privileges to drive a commercial motor vehicle;
374 (b) a determination by the Federal Highway Administration, under 49 C.F.R. Part 386,
375 that a person is no longer qualified to drive a commercial motor vehicle under 49 C.F.R. Part
376 391; or
377 (c) the loss of qualification that automatically follows conviction of an offense listed in
378 49 C.F.R. Part 383.51.
379 (12) "Division" means the Driver License Division of the department created in
380 Section 53-3-103.
381 (13) "Downgrade" means to obtain a lower license class than what was originally
382 issued during an existing license cycle.
383 (14) "Drive" means:
384 (a) to operate or be in physical control of a motor vehicle upon a highway; and
385 (b) in Subsections 53-3-414(1) through (3), Subsection 53-3-414(5), and Sections
386 53-3-417 and 53-3-418, the operation or physical control of a motor vehicle at any place within
387 the state.
388 (15) (a) "Driver" means an individual who drives, or is in actual physical control of a
389 motor vehicle in any location open to the general public for purposes of vehicular traffic.
390 (b) In Part 4, Uniform Commercial Driver License Act, "driver" includes any person
391 who is required to hold a CDL under Part 4, Uniform Commercial Driver License Act, or
392 federal law.
393 (16) "Driving privilege card" means the evidence of the privilege granted and issued
394 under this chapter to drive a motor vehicle to a person whose privilege was obtained without
395 providing evidence of lawful presence in the United States.
396 (17) "Electronic license certificate" means the evidence, in an electronic format as
397 described in Section 53-3-235, of a privilege granted under this chapter to drive a motor
398 vehicle.
399 (18) "Extension" means a renewal completed in a manner specified by the division.
400 (19) "Farm tractor" means every motor vehicle designed and used primarily as a farm
401 implement for drawing plows, mowing machines, and other implements of husbandry.
402 (20) "Highway" means the entire width between property lines of every way or place of
403 any nature when any part of it is open to the use of the public, as a matter of right, for traffic.
404 (21) "Human driver" means the same as that term is defined in Section 41-26-102.1.
405 (22) "Identification card" means a card issued under Part 8, Identification Card Act, to
406 a person for identification purposes.
407 (23) "Indigent" means that a person's income falls below the federal poverty guideline
408 issued annually by the U.S. Department of Health and Human Services in the Federal Register.
409 (24) "License" means the privilege to drive a motor vehicle.
410 (25) (a) "License certificate" means the evidence of the privilege issued under this
411 chapter to drive a motor vehicle.
412 (b) "License certificate" evidence includes:
413 (i) a regular license certificate;
414 (ii) a limited-term license certificate;
415 (iii) a driving privilege card;
416 (iv) a CDL license certificate;
417 (v) a limited-term CDL license certificate;
418 (vi) a temporary regular license certificate;
419 (vii) a temporary limited-term license certificate; and
420 (viii) an electronic license certificate created in Section 53-3-235.
421 (26) "Limited-term commercial driver license" or "limited-term CDL" means a license:
422 (a) issued substantially in accordance with the requirements of Title XII, Pub. L. No.
423 99-570, the Commercial Motor Vehicle Safety Act of 1986, and in accordance with Part 4,
424 Uniform Commercial Driver License Act, which authorizes the holder to drive a class of
425 commercial motor vehicle; and
426 (b) that was obtained by providing evidence of lawful presence in the United States
427 with one of the document requirements described in Subsection 53-3-410(1)(i)(ii).
428 (27) "Limited-term identification card" means an identification card issued under this
429 chapter to a person whose card was obtained by providing evidence of lawful presence in the
430 United States with one of the document requirements described in Subsection
431 53-3-804(2)(i)(ii).
432 (28) "Limited-term license certificate" means the evidence of the privilege granted and
433 issued under this chapter to drive a motor vehicle to a person whose privilege was obtained
434 providing evidence of lawful presence in the United States with one of the document
435 requirements described in Subsection 53-3-205(8)(a)(ii)(B).
436 (29) "Motor vehicle" means the same as that term is defined in Section 41-1a-102.
437 (30) "Motor vehicle record" or "MVR" means a driving record under Subsection
438 53-3-109(6)(a).
439 (31) "Motorboat" means the same as that term is defined in Section 73-18-2.
440 (32) "Motorcycle" means every motor vehicle, other than a tractor, having a seat or
441 saddle for the use of the rider and designed to travel with not more than three wheels in contact
442 with the ground.
443 (33) "Office of Recovery Services" means the Office of Recovery Services, created in
444 Section 62A-11-102.
445 (34) "Operate" means the same as that term is defined in Section 41-1a-102.
446 (35) (a) "Owner" means a person other than a lien holder having an interest in the
447 property or title to a vehicle.
448 (b) "Owner" includes a person entitled to the use and possession of a vehicle subject to
449 a security interest in another person but excludes a lessee under a lease not intended as security.
450 (36) "Penalty accounts receivable" means a fine, restitution, forfeiture, fee, surcharge,
451 or other financial penalty imposed on an individual by a court or other government entity.
452 [
453 (i) designed to transport 15 or fewer passengers, including the driver; and
454 (ii) operated to transport an employee of the person that hires the motor vehicle.
455 (b) "Private passenger carrier" does not include:
456 (i) a taxicab;
457 (ii) a motor vehicle driven by a transportation network driver as defined in Section
458 13-51-102;
459 (iii) a motor vehicle driven for transportation network services as defined in Section
460 13-51-102; and
461 (iv) a motor vehicle driven for a transportation network company as defined in Section
462 13-51-102 and registered with the Division of Consumer Protection as described in Section
463 13-51-104.
464 [
465 chapter to a person whose card was obtained by providing evidence of lawful presence in the
466 United States with one of the document requirements described in Subsection 53-3-804(2)(i)(i).
467 [
468 under this chapter to drive a motor vehicle whose privilege was obtained by providing evidence
469 of lawful presence in the United States with one of the document requirements described in
470 Subsection 53-3-205(8)(a)(ii)(A).
471 [
472 date.
473 [
474 division as determined by the division and includes those offenses against which points are
475 assessed under Section 53-3-221.
476 [
477 (i) has established a domicile in this state, as defined in Section 41-1a-202, or
478 regardless of domicile, remains in this state for an aggregate period of six months or more
479 during any calendar year;
480 (ii) engages in a trade, profession, or occupation in this state, or who accepts
481 employment in other than seasonal work in this state, and who does not commute into the state;
482 (iii) declares himself to be a resident of this state by obtaining a valid Utah driver
483 license certificate or motor vehicle registration; or
484 (iv) declares himself a resident of this state to obtain privileges not ordinarily extended
485 to nonresidents, including going to school, or placing children in school without paying
486 nonresident tuition or fees.
487 (b) "Resident" does not include any of the following:
488 (i) a member of the military, temporarily stationed in this state;
489 (ii) an out-of-state student, as classified by an institution of higher education,
490 regardless of whether the student engages in any type of employment in this state;
491 (iii) a person domiciled in another state or country, who is temporarily assigned in this
492 state, assigned by or representing an employer, religious or private organization, or a
493 governmental entity; or
494 (iv) an immediate family member who resides with or a household member of a person
495 listed in Subsections [
496 [
497 privilege to drive a motor vehicle.
498 [
499 pre-primary, primary, or secondary school students to and from home and school, or to and
500 from school sponsored events.
501 (b) "School bus" does not include a bus used as a common carrier as defined in Section
502 59-12-102.
503 [
504 licensee's privilege to drive a motor vehicle.
505 [
506 passengers for hire and that is subject to state or federal regulation as a taxi.
507 Section 5. Section 53-3-218 is amended to read:
508 53-3-218. Court to report convictions and may recommend suspension of license
509 -- Severity of speeding violation defined.
510 (1) As used in this section, "conviction" means conviction by the court of first
511 impression or final administrative determination in an administrative traffic proceeding.
512 (2) (a) Except as provided in Subsection (2)(c), a court having jurisdiction over
513 offenses committed under this chapter or any other law of this state, or under any municipal
514 ordinance regulating driving motor vehicles on highways or driving motorboats on the water,
515 shall forward to the division within five days, an abstract of the court record of the conviction
516 or plea held in abeyance of any person in the court for a reportable traffic or motorboating
517 violation of any laws or ordinances, and may recommend the suspension of the license of the
518 person convicted.
519 (b) When the division receives a court record of a conviction or plea in abeyance for a
520 motorboat violation, the division may only take action against a person's driver license if the
521 motorboat violation is for a violation of Title 41, Chapter 6a, Part 5, Driving Under the
522 Influence and Reckless Driving.
523 (c) A court may not forward to the division an abstract of a court record of a conviction
524 for a violation described in Subsection 53-3-220(1)(c)(i) or (ii), unless the court found that the
525 person convicted of the violation was an operator of a motor vehicle at the time of the
526 violation.
527 (3) (a) A court may not order the division to suspend a person's driver license based
528 solely on the person's failure to pay a penalty accounts receivable.
529 (b) The court may notify the division, and the division may, prior to sentencing,
530 suspend the driver license of a person who fails to appear if the person is charged with:
531 (i) an offense of any level that is a moving traffic violation;
532 (ii) an offense described in Title 41, Chapter 12a, Part 3, Owner's or Operator's
533 Security Requirement; or
534 (iii) an offense described in Subsection 53-3-220(1)(a) or (b).
535 [
536 include:
537 (a) the name, date of birth, and address of the party charged;
538 (b) the license certificate number of the party charged, if any;
539 (c) the registration number of the motor vehicle or motorboat involved;
540 (d) whether the motor vehicle was a commercial motor vehicle;
541 (e) whether the motor vehicle carried hazardous materials;
542 (f) whether the motor vehicle carried 16 or more occupants;
543 (g) whether the driver presented a commercial driver license;
544 (h) the nature of the offense;
545 (i) whether the offense involved an accident;
546 (j) the driver's blood alcohol content, if applicable;
547 (k) if the offense involved a speeding violation:
548 (i) the posted speed limit;
549 (ii) the actual speed; and
550 (iii) whether the speeding violation occurred on a highway that is part of the interstate
551 system as defined in Section 72-1-102;
552 (l) the date of the hearing;
553 (m) the plea;
554 (n) the judgment or whether bail was forfeited; and
555 (o) the severity of the violation, which shall be graded by the court as "minimum,"
556 "intermediate," or "maximum" as established in accordance with Subsection 53-3-221(4).
557 [
558 appellate court after conviction in the court of first impression, the division shall reinstate the
559 convicted person's license immediately upon receipt of a certified copy of the judgment of
560 acquittal or reversal.
561 [
562 wireless communication device for text messaging or electronic mail communication while
563 operating a moving motor vehicle under Section 41-6a-1716, a judge may order a suspension
564 of the convicted person's license for a period of three months.
565 [
566 41-6a-1715 that causes or results in the death of another person, a judge may order a revocation
567 of the convicted person's license for a period of one year.
568 Section 6. Section 53-3-221 is amended to read:
569 53-3-221. Offenses that may result in denial, suspension, disqualification, or
570 revocation of license -- Additional grounds for suspension -- Point system for traffic
571 violations -- Notice and hearing -- Reporting of traffic violation procedures.
572 (1) By following the procedures in Title 63G, Chapter 4, Administrative Procedures
573 Act, the division may deny, suspend, disqualify, or revoke the license or permit of any person
574 without receiving a record of the person's conviction of crime when the division has been
575 notified or has reason to believe the person:
576 (a) has committed any offenses for which mandatory suspension or revocation of a
577 license is required upon conviction under Section 53-3-220;
578 (b) has, by reckless or unlawful driving of a motor vehicle, caused or contributed to an
579 accident resulting in death or injury to any other person, or serious property damage;
580 (c) is incompetent to drive a motor vehicle or mobility vehicle or has a mental or
581 physical disability rendering it unsafe for the person to drive a motor vehicle or mobility
582 vehicle upon the highways;
583 (d) has committed a serious violation of the motor vehicle laws of this state;
584 (e) has knowingly committed a violation of Section 53-3-229; or
585 (f) has been convicted of serious offenses against traffic laws governing the movement
586 of motor vehicles with a frequency that indicates a disrespect for traffic laws and a disregard
587 for the safety of other persons on the highways.
588 [
589
590
591
592 [
593
594
595 (2) (a) (i) Except as provided in Subsection 53-3-218(3), and subject to
596 Subsection(2)(a)(ii), the division may suspend a license of a person under Subsection (1):
597 (A) when the person has failed to comply with the terms stated on a traffic citation
598 issued in this state;
599 (B) when the person has failed to successfully complete a 24-7 sobriety program as
600 defined in Section 41-6a-515.5; or
601 (C) if the division receives a notification from a court as described in Subsection
602 41-6a-509(11)(d) or 41-6a-517(13)(b).
603 (ii) This Subsection (2) does not apply to highway weight limit violations or violations
604 of law governing the transportation of hazardous materials.
605 [
606 suspension of the driving privilege has been sent at least [
607 at the address provided to the division.
608 (ii) After clearance by the division, a report authorized by Section 53-3-104 may not
609 contain any evidence of a suspension that occurred as a result of failure to comply with the
610 terms stated on a traffic citation.
611 [
612
613
614
615 [
616
617 [
618
619 [
620 [
621 [
622 (3) Except as provided in Subsection 53-3-218(3), the division may not revoke, deny,
623 suspend, or disqualify an individual's driver license based solely on:
624 (a) the individual's failure to appear;
625 (b) the individual's failure to pay an outstanding penalty accounts receivable; or
626 (c) the issuance of a bench warrant as a result of an event described in Subsection
627 (3)(a) or (b).
628 (4) (a) The division shall make rules establishing a point system as provided for in this
629 Subsection (4).
630 (b) (i) The division shall assign a number of points to each type of moving traffic
631 violation as a measure of its seriousness.
632 (ii) The points shall be based upon actual relationships between types of traffic
633 violations and motor vehicle traffic accidents.
634 (iii) Except as provided in Subsection (4)(b)(iv), the division may not assess points
635 against a person's driving record for a conviction of a traffic violation:
636 (A) that occurred in another state; and
637 (B) that was committed on or after July 1, 2011.
638 (iv) The provisions of Subsection (4)(b)(iii) do not apply to:
639 (A) a reckless or impaired driving violation or a speeding violation for exceeding the
640 posted speed limit by 21 or more miles per hour; or
641 (B) an offense committed in another state which, if committed within Utah, would
642 result in the mandatory suspension or revocation of a license upon conviction under Section
643 53-3-220.
644 (c) Every person convicted of a traffic violation shall have assessed against the person's
645 driving record the number of points that the division has assigned to the type of violation of
646 which the person has been convicted, except that the number of points assessed shall be
647 decreased by 10% if on the abstract of the court record of the conviction the court has graded
648 the severity of violation as minimum, and shall be increased by 10% if on the abstract the court
649 has graded the severity of violation as maximum.
650 (d) (i) A separate procedure for assessing points for speeding offenses shall be
651 established by the division based upon the severity of the offense.
652 (ii) The severity of a speeding violation shall be graded as:
653 (A) "minimum" for exceeding the posted speed limit by up to 10 miles per hour;
654 (B) "intermediate" for exceeding the posted speed limit by from 11 to 20 miles per
655 hour; and
656 (C) "maximum" for exceeding the posted speed limit by 21 or more miles per hour.
657 (iii) Consideration shall be made for assessment of no points on minimum speeding
658 violations, except for speeding violations in school zones.
659 (e) (i) Points assessed against a person's driving record shall be deleted for violations
660 occurring before a time limit set by the division.
661 (ii) The time limit may not exceed three years.
662 (iii) The division may also delete points to reward violation-free driving for periods of
663 time set by the division.
664 (f) (i) By publication in two newspapers having general circulation throughout the
665 state, the division shall give notice of the number of points it has assigned to each type of
666 traffic violation, the time limit set by the division for the deletion of points, and the point level
667 at which the division will generally take action to deny or suspend under this section.
668 (ii) The division may not change any of the information provided above regarding
669 points without first giving new notice in the same manner.
670 (5) (a) (i) If the division finds that the license of a person should be denied, suspended,
671 disqualified, or revoked under this section, the division shall immediately notify the licensee in
672 a manner specified by the division and afford the person an opportunity for a hearing in the
673 county where the licensee resides.
674 (ii) The hearing shall be documented, and the division or its authorized agent may
675 administer oaths, may issue subpoenas for the attendance of witnesses and the production of
676 relevant books and papers, and may require a reexamination of the licensee.
677 (iii) One or more members of the division may conduct the hearing, and any decision
678 made after a hearing before any number of the members of the division is as valid as if made
679 after a hearing before the full membership of the division.
680 (iv) After the hearing the division shall either rescind or affirm its decision to deny,
681 suspend, disqualify, or revoke the license.
682 (b) The denial, suspension, disqualification, or revocation of the license remains in
683 effect pending qualifications determined by the division regarding a person:
684 (i) whose license has been denied or suspended following reexamination;
685 (ii) who is incompetent to drive a motor vehicle;
686 (iii) who is afflicted with mental or physical infirmities that might make him dangerous
687 on the highways; or
688 (iv) who may not have the necessary knowledge or skill to drive a motor vehicle safely.
689 (6) (a) Subject to Subsection (6)(d), the division shall suspend a person's license when
690 the division receives notice from the Office of Recovery Services that the Office of Recovery
691 Services has ordered the suspension of the person's license.
692 (b) A suspension under Subsection (6)(a) shall remain in effect until the division
693 receives notice from the Office of Recovery Services that the Office of Recovery Services has
694 rescinded the order of suspension.
695 (c) After an order of suspension is rescinded under Subsection (6)(b), a report
696 authorized by Section 53-3-104 may not contain any evidence of the suspension.
697 (d) (i) If the division suspends a person's license under this Subsection (6), the division
698 shall, upon application, issue a temporary limited driver license to the person if that person
699 needs a driver license for employment, education, or child visitation.
700 (ii) The temporary limited driver license described in this section:
701 (A) shall provide that the person may operate a motor vehicle only for the purpose of
702 driving to or from the person's place of employment, education, or child visitation;
703 (B) shall prohibit the person from driving a motor vehicle for any purpose other than a
704 purpose described in Subsection (6)(d)(ii)(A); and
705 (C) shall expire 90 days after the day on which the temporary limited driver license is
706 issued.
707 (iii) (A) During the period beginning on the day on which a temporary limited driver
708 license is issued under this Subsection (6), and ending on the day that the temporary limited
709 driver license expires, the suspension described in this Subsection (6) only applies if the person
710 who is suspended operates a motor vehicle for a purpose other than employment, education, or
711 child visitation.
712 (B) Upon expiration of a temporary limited driver license described in this Subsection
713 (6)(d):
714 (I) a suspension described in Subsection (6)(a) shall be in full effect until the division
715 receives notice, under Subsection (6)(b), that the order of suspension is rescinded; and
716 (II) a person suspended under Subsection (6)(a) may not drive a motor vehicle for any
717 reason.
718 (iv) The division is not required to issue a limited driver license to a person under this
719 Subsection (6)(d) if there are other legal grounds for the suspension of the person's driver
720 license.
721 (v) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
722 Administrative Rulemaking Act, to implement the provisions of this part.
723 (7) (a) The division may suspend or revoke the license of any resident of this state
724 upon receiving notice of the conviction of that person in another state of an offense committed
725 there that, if committed in this state, would be grounds for the suspension or revocation of a
726 license.
727 (b) The division may, upon receiving a record of the conviction in this state of a
728 nonresident driver of a motor vehicle or motorboat of any offense under the motor vehicle laws
729 of this state, forward a certified copy of the record to the motor vehicle administrator in the
730 state where the person convicted is a resident.
731 (8) (a) The division may suspend or revoke the license of any nonresident to drive a
732 motor vehicle in this state for any cause for which the license of a resident driver may be
733 suspended or revoked.
734 (b) Any nonresident who drives a motor vehicle upon a highway when the person's
735 license has been suspended or revoked by the division is guilty of a class C misdemeanor.
736 (9) (a) The division may not deny or suspend the license of any person for a period of
737 more than one year except:
738 (i) for failure to comply with the terms of a traffic citation under Subsection (2);
739 (ii) upon receipt of a second or subsequent order suspending juvenile driving privileges
740 under Section 53-3-219;
741 (iii) when extending a denial or suspension upon receiving certain records or reports
742 under Subsection 53-3-220(2);
743 (iv) for failure to give and maintain owner's or operator's security under Section
744 41-12a-411;
745 (v) when the division suspends the license under Subsection (6); or
746 (vi) when the division denies the license under Subsection (14).
747 (b) The division may suspend the license of a person under Subsection (2) until the
748 person shows satisfactory evidence of compliance with the terms of the traffic citation.
749 (10) (a) By following the procedures in Title 63G, Chapter 4, Administrative
750 Procedures Act, the division may suspend the license of any person without receiving a record
751 of the person's conviction for a crime when the division has reason to believe that the person's
752 license was granted by the division through error or fraud or that the necessary consent for the
753 license has been withdrawn or is terminated.
754 (b) The procedure upon suspension is the same as under Subsection (5), except that
755 after the hearing the division shall either rescind its order of suspension or cancel the license.
756 (11) (a) The division, having good cause to believe that a licensed driver is
757 incompetent or otherwise not qualified to be licensed, may upon notice in a manner specified
758 by the division of at least five days to the licensee require him to submit to an examination.
759 (b) Upon the conclusion of the examination the division may suspend or revoke the
760 person's license, permit him to retain the license, or grant a license subject to a restriction
761 imposed in accordance with Section 53-3-208.
762 (c) Refusal or neglect of the licensee to submit to an examination is grounds for
763 suspension or revocation of the licensee's license.
764 (12) (a) Except as provided in Subsection (12)(b), a report authorized by Section
765 53-3-104 may not contain any evidence of a conviction for speeding on an interstate system in
766 this state if the conviction was for a speed of 10 miles per hour or less, above the posted speed
767 limit and did not result in an accident, unless authorized in a manner specified by the division
768 by the individual whose report is being requested.
769 (b) The provisions of Subsection (12)(a) do not apply for:
770 (i) a CDIP or CDL license holder; or
771 (ii) a violation that occurred in a commercial motor vehicle.
772 (13) (a) By following the procedures in Title 63G, Chapter 4, Administrative
773 Procedures Act, the division may suspend the license of a person if it has reason to believe that
774 the person is the owner of a motor vehicle for which security is required under Title 41,
775 Chapter 12a, Financial Responsibility of Motor Vehicle Owners and Operators Act, and has
776 driven the motor vehicle or permitted it to be driven within this state without the security being
777 in effect.
778 (b) The division may suspend a driving privilege card holder's driving privilege card if
779 the division receives notification from the Motor Vehicle Division that:
780 (i) the driving privilege card holder is the registered owner of a vehicle; and
781 (ii) the driving privilege card holder's vehicle registration has been revoked under
782 Subsection 41-1a-110(2)(a)(ii)(A).
783 (c) Section 41-12a-411 regarding the requirement of proof of owner's or operator's
784 security applies to persons whose driving privileges are suspended under this Subsection (13).
785 (14) The division may deny an individual's license if the person fails to comply with
786 the requirement to downgrade the person's CDL to a class D license under Section 53-3-410.1.
787 (15) The division may deny a person's class A, B, C, or D license if the person fails to
788 comply with the requirement to have a K restriction removed from the person's license.
789 (16) Any suspension or revocation of a person's license under this section also
790 disqualifies any license issued to that person under Part 4, Uniform Commercial Driver License
791 Act.