1     
MODIFICATIONS TO DRIVER LICENSE EXAMINATION

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Luz Escamilla

5     
House Sponsor: Robert M. Spendlove

6     

7     LONG TITLE
8     General Description:
9          This bill allows certain applicants for a driver license with limited English proficiency
10     to take the written driver license examination in certain other languages.
11     Highlighted Provisions:
12          This bill:
13          ▸     requires the Driver License Division to provide the examinations of a person's
14     knowledge of the state traffic laws in the top five languages spoken in the state,
15     other than English;
16          ▸     allows an applicant for an original or a renewal of a class D license, other than a
17     driving privilege card or a limited term license certificate, to request to take the
18     examination of the person's knowledge of the state traffic laws in certain languages
19     other than English;
20          ▸     requires the Driver License Division to consult with the Division of Multicultural
21     Affairs to determine the five most commonly spoken languages in the state, other
22     than English; and
23          ▸     makes technical changes.
24     Money Appropriated in this Bill:
25          None
26     Other Special Clauses:
27          This bill provides a special effective date.

28     Utah Code Sections Affected:
29     AMENDS:
30          53-3-206, as last amended by Laws of Utah 2018, Chapter 128
31     

32     Be it enacted by the Legislature of the state of Utah:
33          Section 1. Section 53-3-206 is amended to read:
34          53-3-206. Examination of applicant's physical and mental fitness to drive a motor
35     vehicle.
36          (1) The division shall examine every applicant for a license, including a test of the
37     applicant's:
38          (a) eyesight either:
39          (i) by the division; or
40          (ii) by allowing the applicant to furnish to the division a statement from a physician
41     licensed under Title 58, Chapter 67, Utah Medical Practice Act, or an optometrist licensed
42     under Title 58, Chapter 16a, Utah Optometry Practice Act;
43          (b) ability to read and understand highway signs regulating, warning, and directing
44     traffic;
45          (c) ability to read and understand simple English used in highway traffic and
46     directional signs;
47          (d) knowledge of the state traffic laws;
48          (e) other physical and mental abilities the division finds necessary to determine the
49     applicant's fitness to drive a motor vehicle safely on the highways; and
50          (f) ability to exercise ordinary and responsible control driving a motor vehicle, as
51     determined by actual demonstration or other indicator.
52          (2) (a) Notwithstanding the provisions of Subsection (1) or any other provision of law,
53     the division shall allow a refugee or an approved asylee to take an examination of the person's
54     knowledge of the state traffic laws in the person's native language:
55          (i) the first time the person applies for a limited-term license certificate; and
56          (ii) the first time the person applies for a renewal of a limited-term license certificate.
57          (b) Upon the second renewal of a refugee's or approved asylee's limited-term license
58     certificate for a refugee or approved asylee that has taken the knowledge exam in the person's

59     native language under Subsection (2)(a), the division shall re-examine the person's knowledge
60     of the state traffic laws in English.
61          (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
62     division shall make rules establishing the procedures and requirements for a refugee or an
63     approved asylee to take an examination of the person's knowledge of the state traffic laws in
64     the person's native language.
65          (3) (a) For an applicant for an original or a renewal of a class D license, other than a
66     driving privilege card or a limited term license certificate, the division shall provide the
67     examination of a person's knowledge of the state traffic laws in five commonly spoken
68     languages in the state, other than English, as determined under Subsection (3)(c).
69          (b) An applicant for an original or a renewal of a class D license, other than a driving
70     privilege card or a limited term license certificate, may request to take the examination of the
71     person's knowledge of the state traffic laws in a language other than English, if the requested
72     language is one of five commonly spoken languages in the state as determined under
73     Subsection (3)(c).
74          (c) (i) The Division of Multicultural Affairs created in Section 9-21-201 shall
75     recommend five commonly spoken languages in the state, other than English, for examination
76     of a person's knowledge of the state traffic laws.
77          (ii) The division shall offer the examination of a person's knowledge of the state traffic
78     laws in the five commonly spoken languages, other than English, recommended by the
79     Division of Multicultural Affairs created in Section 9-21-201.
80          [(3)] (4) The division shall determine whether any facts exist that would bar granting a
81     license under Section 53-3-204.
82          [(4)] (5) The division shall examine each applicant according to the class of license
83     applied for.
84          [(5)] (6) An applicant for a CDL shall meet all additional requirements of Part 4,
85     Uniform Commercial Driver License Act, of this chapter.
86          Section 2. Effective date.
87          This bill takes effect on January 1, 2023.