Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 26 (2015GS)

Sponsor

Rep. Hutchings, E.

Final action

Governor Signed 3/23/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• provides definitions;
• authorizes the Driver License Division to disclose portions of a driving record to:
• an employer or a designee of an employer, for purposes of monitoring the driving record and status of current employees who drive as a responsibility of the employees' employment, if the requester demonstrates that the requester has obtained the written consent of the individual to whom the information pertains; and
• an employer or the employer's agents to obtain or verify information relating to a holder of a commercial driver license that is required under federal law;
• requires that the authorized disclosure of a driving record be limited to the driving record of a current employee of the employer;
• amends provisions regarding the content of and requirements for disclosing a commercial driver license motor vehicle record; and
• makes technical corrections.

Every vote on this bill

Bill text

This document includes Senate Committee Amendments incorporated into the bill on Fri, Feb 13, 2015 at 10:31 AM by lpoole.
AMENDMENTS TO DRIVER LICENSE RECORDS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Eric K. Hutchings
Senate Sponsor: 
 Karen Mayne
LONG TITLE
Committee Note:
The Transportation Interim Committee recommended this bill.
General Description:
This bill modifies the Uniform Driver License Act by amending provisions relating to
driver license records.
Highlighted Provisions:
This bill:
▸ provides definitions;
▸ authorizes the Driver License Division to disclose portions of a driving record to:
• an employer or a designee of an employer, for purposes of monitoring the
driving record and status of current employees who drive as a responsibility of
the employees' employment, if the requester demonstrates that the requester has
obtained the written consent of the individual to whom the information pertains;
and
• an employer or the employer's agents to obtain or verify information relating to
a holder of a commercial driver license that is required under federal law;
▸ requires that the authorized disclosure of a driving record be limited to the driving
record of a current employee of the employer;
▸ amends provisions regarding the content of and requirements for disclosing a
commercial driver license motor vehicle record; and
▸ makes technical corrections.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
32a 
Ŝ→ 
This bill provides a coordination clause.
 ←Ŝ
Utah Code Sections Affected:
AMENDS:
53-3-102
, as last amended by Laws of Utah 2014, Chapter 252
53-3-109
, as last amended by Laws of Utah 2011, Chapters 190 and 243
53-3-221
, as last amended by Laws of Utah 2014, Chapters 101 and 225
53-3-402
, as last amended by Laws of Utah 2013, Chapter 411
53-3-410.1
, as last amended by Laws of Utah 2013, Chapter 411
53-3-420
, as last amended by Laws of Utah 2007, Chapter 53
53-3-709
, as renumbered and amended by Laws of Utah 1993, Chapter 234
72-9-107
, as last amended by Laws of Utah 2009, Chapters 155 and 356
42a 
Ŝ→ 
Utah Code Sections Affected by Coordination Clause:
42b 
 53-3-102, as last amended by Laws of Utah 2014, Chapter 252
 ←Ŝ
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53-3-102
 is amended to read:
53-3-102.
Definitions.
As used in this chapter:
(1) "Cancellation" means the termination by the division of a license issued through
error or fraud or for which consent under Section 
53-3-211
 has been withdrawn.
(2) "Class D license" means the class of license issued to drive motor vehicles not
defined as commercial motor vehicles or motorcycles under this chapter.
(3) "Commercial driver instruction permit" or "CDIP" means a permit issued under
Section 
53-3-408
.
[
(3)
] 
(4)
 "Commercial driver license" or "CDL" means a license:
(a) issued substantially in accordance with the requirements of Title XII, Pub. L.
99-570, the Commercial Motor Vehicle Safety Act of 1986, and in accordance with Part 4,
Uniform Commercial Driver License Act, which authorizes the holder to drive a class of
commercial motor vehicle; and
(b) that was obtained by providing evidence of lawful presence in the United States
with one of the document requirements described in Subsection 
53-3-410
(1)(i)(i).
(5)
Ŝ→ 
(a)
 ←Ŝ
"Commercial driver license motor vehicle record" or "CDL MVR" means a
61a 
driving
record that:
Ŝ→ [
(a)
] 
(i)
 ←Ŝ
applies to a person who holds or is required to hold a commercial driver
63a 
instruction
permit or a CDL license; and
Ŝ→ [
(b)
] 
(ii)
 ←Ŝ
contains the following:
Ŝ→ [
(i)
] 
(A)
 ←Ŝ
information contained in the driver history, including convictions, pleas
66a 
held in
abeyance, disqualifications, and other licensing actions for violations of any state or local law
relating to motor vehicle traffic control, committed in any type of vehicle;
Ŝ→ [
(ii)
] 
(B)
 ←Ŝ
driver self-certification status information under Section 
53-3-410.1
; and
Ŝ→ [
(iii)
] 
(C)
 ←Ŝ
information from medical certification record keeping in accordance with
70a 
C.F.R. Sec. 383.73(o).
71a 
Ŝ→ 
(b) "Commercial driver license motor vehicle record" or "CDL MVR" does not mean a
71b 
motor vehicle record described in Subsection 53-3-102(28).
 ←Ŝ
[
(4)
] 
(6)
 (a) "Commercial motor vehicle" means a motor vehicle or combination of
motor vehicles designed or used to transport passengers or property if the motor vehicle:
(i) has a gross vehicle weight rating of 26,001 or more pounds or a lesser rating as
determined by federal regulation;
(ii) is designed to transport 16 or more passengers, including the driver; or
(iii) is transporting hazardous materials and is required to be placarded in accordance
with 49 C.F.R. Part 172, Subpart F.
(b) The following vehicles are not considered a commercial motor vehicle for purposes
of Part 4, Uniform Commercial Driver License Act:
(i) equipment owned and operated by the United States Department of Defense when
driven by any active duty military personnel and members of the reserves and national guard on
active duty including personnel on full-time national guard duty, personnel on part-time
training, and national guard military technicians and civilians who are required to wear military
uniforms and are subject to the code of military justice;
(ii) vehicles controlled and driven by a farmer to transport agricultural products, farm
machinery, or farm supplies to or from a farm within 150 miles of his farm but not in operation
as a motor carrier for hire;
(iii) firefighting and emergency vehicles; and
(iv) recreational vehicles that are not used in commerce and are driven solely as family
or personal conveyances for recreational purposes.
[
(5)
] 
(7)
 "Conviction" means any of the following:
(a) an unvacated adjudication of guilt or a determination that a person has violated or
failed to comply with the law in a court of original jurisdiction or an administrative proceeding;
(b) an unvacated forfeiture of bail or collateral deposited to secure a person's
appearance in court;
(c) a plea of guilty or nolo contendere accepted by the court;
(d) the payment of a fine or court costs; or
(e) violation of a condition of release without bail, regardless of whether the penalty is
rebated, suspended, or probated.
[
(6)
] 
(8)
 "Denial" or "denied" means the withdrawal of a driving privilege by the
division to which the provisions of Title 41, Chapter 12a, Part 4, Proof of Owner's or
Operator's Security, do not apply.
[
(7)
] 
(9)
 "Director" means the division director appointed under Section 
53-3-103
.
[
(8)
] 
(10)
 "Disqualification" means either:
(a) the suspension, revocation, cancellation, denial, or any other withdrawal by a state
of a person's privileges to drive a commercial motor vehicle;
(b) a determination by the Federal Highway Administration, under 49 C.F.R. Part 386,
that a person is no longer qualified to drive a commercial motor vehicle under 49 C.F.R. Part
391; or
(c) the loss of qualification that automatically follows conviction of an offense listed in
49 C.F.R. Part 383.51.
[
(9)
] 
(11)
 "Division" means the Driver License Division of the department created in
Section 
53-3-103
.
[
(10)
] 
(12)
 "Downgrade" means to obtain a lower license class than what was
originally issued during an existing license cycle.
[
(11)
] 
(13)
 "Drive" means:
(a) to operate or be in physical control of a motor vehicle upon a highway; and
(b) in Subsections 
53-3-414
(1) through (3), Subsection 
53-3-414
(5), and Sections
53-3-417
 and 
53-3-418
, the operation or physical control of a motor vehicle at any place within
the state.
[
(12)
] 
(14)
 (a) "Driver" means any person who drives, or is in actual physical control of
a motor vehicle in any location open to the general public for purposes of vehicular traffic.
(b) In Part 4, Uniform Commercial Driver License Act, "driver" includes any person
who is required to hold a CDL under Part 4 or federal law.
[
(13)
] 
(15)
 "Driving privilege card" means the evidence of the privilege granted and
issued under this chapter to drive a motor vehicle to a person whose privilege was obtained
without providing evidence of lawful presence in the United States.
[
(14)
] 
(16)
 "Extension" means a renewal completed in a manner specified by the
division.
[
(15)
] 
(17)
 "Farm tractor" means every motor vehicle designed and used primarily as a
farm implement for drawing plows, mowing machines, and other implements of husbandry.
[
(16)
] 
(18)
 "Highway" means the entire width between property lines of every way or
place of any nature when any part of it is open to the use of the public, as a matter of right, for
traffic.
[
(17)
] 
(19)
 "Identification card" means a card issued under Part 8, Identification Card
Act, to a person for identification purposes.
[
(18)
] 
(20)
 "Indigent" means that a person's income falls below the federal poverty
guideline issued annually by the U.S. Department of Health and Human Services in the Federal
Register.
[
(19)
] 
(21)
 "License" means the privilege to drive a motor vehicle.
[
(20)
] 
(22)
 (a) "License certificate" means the evidence of the privilege issued under
this chapter to drive a motor vehicle.
(b) "License certificate" evidence includes a:
(i) regular license certificate;
(ii) limited-term license certificate;
(iii) driving privilege card;
(iv) CDL license certificate;
(v) limited-term CDL license certificate;
(vi) temporary regular license certificate; and
(vii) temporary limited-term license certificate.
[
(21)
] 
(23)
 "Limited-term commercial driver license" or "limited-term CDL" means a
license:
(a) issued substantially in accordance with the requirements of Title XII, Pub. L.
99-570, the Commercial Motor Vehicle Safety Act of 1986, and in accordance with Part 4,
Uniform Commercial Driver License Act, which authorizes the holder to drive a class of
commercial motor vehicle; and
(b) that was obtained by providing evidence of lawful presence in the United States
with one of the document requirements described in Subsection 
53-3-410
(1)(i)(ii).
[
(22)
] 
(24)
 "Limited-term identification card" means an identification card issued under
this chapter to a person whose card was obtained by providing evidence of lawful presence in
the United States with one of the document requirements described in Subsection
53-3-804
(2)(i)(ii).
[
(23)
] 
(25)
 "Limited-term license certificate" means the evidence of the privilege
granted and issued under this chapter to drive a motor vehicle to a person whose privilege was
obtained providing evidence of lawful presence in the United States with one of the document
requirements described in Subsection 
53-3-205
(8)(a)(ii)(B).
[
(24)
] 
(26)
 "Motorboat" has the same meaning as provided under Section 
73-18-2
.
[
(25)
] 
(27)
 "Motorcycle" means every motor vehicle, other than a tractor, having a seat
or saddle for the use of the rider and designed to travel with not more than three wheels in
contact with the ground.
(28) "Motor vehicle record" or "MVR" means a driving record under Subsection
53-3-109
(6)(a).
[
(26)
] 
(29)
 "Office of Recovery Services" means the Office of Recovery Services,
created in Section 
62A-11-102
.
[
(27)
] 
(30)
 (a) "Owner" means a person other than a lien holder having an interest in
the property or title to a vehicle.
(b) "Owner" includes a person entitled to the use and possession of a vehicle subject to
a security interest in another person but excludes a lessee under a lease not intended as security.
[
(28)
] 
(31)
 "Regular identification card" means an identification card issued under this
chapter to a person whose card was obtained by providing evidence of lawful presence in the
United States with one of the document requirements described in Subsection 
53-3-804
(2)(i)(i).
[
(29)
] 
(32)
 "Regular license certificate" means the evidence of the privilege issued
under this chapter to drive a motor vehicle whose privilege was obtained by providing evidence
of lawful presence in the United States with one of the document requirements described in
Subsection 
53-3-205
(8)(a)(ii)(A).
[
(30)
] 
(33)
 "Renewal" means to validate a license certificate so that it expires at a later
date.
[
(31)
] 
(34)
 "Reportable violation" means an offense required to be reported to the
division as determined by the division and includes those offenses against which points are
assessed under Section 
53-3-221
.
[
(32)
] 
(35)
 (a) "Resident" means an individual who:
(i) has established a domicile in this state, as defined in Section 
41-1a-202
, or
regardless of domicile, remains in this state for an aggregate period of six months or more
during any calendar year;
(ii) engages in a trade, profession, or occupation in this state, or who accepts
employment in other than seasonal work in this state, and who does not commute into the state;
(iii) declares himself to be a resident of this state by obtaining a valid Utah driver
license certificate or motor vehicle registration; or
(iv) declares himself a resident of this state to obtain privileges not ordinarily extended
to nonresidents, including going to school, or placing children in school without paying
nonresident tuition or fees.
(b) "Resident" does not include any of the following:
(i) a member of the military, temporarily stationed in this state;
(ii) an out-of-state student, as classified by an institution of higher education,
regardless of whether the student engages in any type of employment in this state;
(iii) a person domiciled in another state or country, who is temporarily assigned in this
state, assigned by or representing an employer, religious or private organization, or a
governmental entity; or
(iv) an immediate family member who resides with or a household member of a person
listed in Subsections [
(32)
] 
(35)
(b)(i) through (iii).
[
(33)
] 
(36)
 "Revocation" means the termination by action of the division of a licensee's
privilege to drive a motor vehicle.
[
(34)
] 
(37)
 (a) "School bus" means a commercial motor vehicle used to transport
pre-primary, primary, or secondary school students to and from home and school, or to and
from school sponsored events.
(b) "School bus" does not include a bus used as a common carrier as defined in Section
59-12-102
.
[
(35)
] 
(38)
 "Suspension" means the temporary withdrawal by action of the division of a
licensee's privilege to drive a motor vehicle.
[
(36)
] 
(39)
 "Taxicab" means any class D motor vehicle transporting any number of
passengers for hire and that is subject to state or federal regulation as a taxi.
Section 2. Section 
53-3-109
 is amended to read:
53-3-109.
Records -- Access -- Fees -- Rulemaking.
(1) (a) Except as provided in this section, all records of the division shall be classified
and disclosed in accordance with Title 63G, Chapter 2, Government Records Access and
Management Act.
(b) The division may only disclose personal identifying information:
(i) when the division determines it is in the interest of the public safety to disclose the
information; and
(ii) in accordance with the federal Driver's Privacy Protection Act of 1994, 18 U.S.C.
Chapter 123.
(c) The division may disclose personal identifying information:
(i) to a licensed private investigator holding a valid agency license, with a legitimate
business need;
(ii) to an insurer, insurance support organization, or a self-insured entity, or its agents,
employees, or contractors that issues any motor vehicle insurance under Title 31A, Chapter 22,
Part 3, Motor Vehicle Insurance, for use in connection with claims investigation activities,
antifraud activities, rating, or underwriting for any person issued a license certificate under this
chapter; or
(iii) to a depository institution as defined in Section 
7-1-103
 for use in accordance with
the federal Driver's Privacy Protection Act of 1994, 18 U.S.C. Chapter 123.
(2) (a) A person who receives personal identifying information shall be advised by the
division that the person may not:
(i) disclose the personal identifying information from that record to any other person;
or
(ii) use the personal identifying information from that record for advertising or
solicitation purposes.
(b) Any use of personal identifying information by an insurer or insurance support
organization, or by a self-insured entity or its agents, employees, or contractors not authorized
by Subsection (1)(c)(ii) is:
(i) an unfair marketing practice under Section 
31A-23a-402
; or
(ii) an unfair claim settlement practice under Subsection 
31A-26-303
(3).
(3) (a) Notwithstanding the provisions of Subsection (1)(b), the division or its designee
may disclose portions of a driving record, in accordance with this Subsection (3), to
:
(i)
 an insurer as defined under Section 
31A-1-301
, or a designee of an insurer, for
purposes of assessing driving risk on the insurer's current motor vehicle insurance
policyholders[
.
]
;
(ii) an employer or a designee of an employer, for purposes of monitoring the driving
record and status of current employees who drive as a responsibility of the employee's
employment if the requester demonstrates that the requester has obtained the written consent of
the individual to whom the information pertains; and
(iii) an employer or the employer's agents to obtain or verify information relating to a
holder of a commercial driver license that is required under 49 U.S.C. Chapter 313.
(b) [
The
] 
A
 disclosure under Subsection (3)(a)
(i)
 shall:
(i) include the licensed driver's name, driver license number, date of birth, and an
indication of whether the driver has had a moving traffic violation that is a reportable violation,
as defined under Section 
53-3-102
 during the previous month;
(ii) be limited to the records of drivers who, at the time of the disclosure, are covered
under a motor vehicle insurance policy of the insurer; and
(iii) be made under a contract with the insurer or a designee of an insurer.
(c) A disclosure under Subsection (3)(a)(ii) or (iii) shall:
(i) include the licensed driver's name, driver license number, date of birth, and an
indication of whether the driver has had a moving traffic violation that is a reportable violation,
as defined under Section 
53-3-102
, during the previous month;
(ii) be limited to the records of a current employee of an employer;
(iii) be made under a contract with the employer or a designee of an employer; and
(iv) include an indication of whether the driver has had a change reflected in the
driver's driving status or license class.
[
(c)
] 
(d)
 The contract under Subsection (3)(b)(iii) 
or (c)(iii)
 shall specify:
(i) the criteria for searching and compiling the driving records being requested;
(ii) the frequency of the disclosures;
(iii) the format of the disclosures, which may be in bulk electronic form; and
(iv) a reasonable charge for the driving record disclosures under this Subsection (3).
(4) The division may:
(a) collect fees in accordance with Section 
53-3-105
 for searching and compiling its
files or furnishing a report on the driving record of a person;
(b) prepare under the seal of the division and deliver upon request, a certified copy of
any record of the division, and charge a fee under Section 
63J-1-504
 for each document
authenticated; and
(c) charge reasonable fees established in accordance with the procedures and
requirements of Section 
63J-1-504
 for disclosing personal identifying information under
Subsection (1)(c).
(5) Each certified copy of a driving record furnished in accordance with this section is
admissible in any court proceeding in the same manner as the original.
(6) (a) A driving record furnished under this section may only report on the driving
record of a person for a period of 10 years.
(b) Subsection (6)(a) does not apply to court or law enforcement reports, reports of
commercial driver license violations, or reports for commercial driver license holders.
(7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
division may make rules to designate:
(a) what information shall be included in a report on the driving record of a person;
(b) the form of a report or copy of the report which may include electronic format;
(c) the form of a certified copy, as required under Section 
53-3-216
, which may include
electronic format;
(d) the form of a signature required under this chapter which may include electronic
format;
(e) the form of written request to the division required under this chapter which may
include electronic format;
(f) the procedures, requirements, and formats for disclosing personal identifying
information under Subsection (1)(c); and
(g) the procedures, requirements, and formats necessary for the implementation of
Subsection (3).
(8) (a) It is a class B misdemeanor for a person to knowingly or intentionally access,
use, disclose, or disseminate a record created or maintained by the division or any information
contained in a record created or maintained by the division for a purpose prohibited or not
permitted by statute, rule, regulation, or policy of a governmental entity.
(b) A person who discovers or becomes aware of any unauthorized use of records
created or maintained by the division shall inform the commissioner and the division director
of the unauthorized use.
Section 3. Section 
53-3-221
 is amended to read:
53-3-221.
Offenses that may result in denial, suspension, disqualification, or
revocation of license -- Additional grounds for suspension -- Point system for traffic
violations -- Notice and hearing -- Reporting of traffic violation procedures.
(1) By following the procedures in Title 63G, Chapter 4, Administrative Procedures
Act, the division may deny, suspend, disqualify, or revoke the license or permit of any person
without receiving a record of the person's conviction of crime when the division has been
notified or has reason to believe the person:
(a) has committed any offenses for which mandatory suspension or revocation of a
license is required upon conviction under Section 
53-3-220
;
(b) has, by reckless or unlawful driving of a motor vehicle, caused or contributed to an
accident resulting in death or injury to any other person, or serious property damage;
(c) is incompetent to drive a motor vehicle or mobility vehicle or has a mental or
physical disability rendering it unsafe for the person to drive a motor vehicle or mobility
vehicle upon the highways;
(d) has committed a serious violation of the motor vehicle laws of this state;
(e) has knowingly committed a violation of Section 
53-3-229
; or
(f) has been convicted of serious offenses against traffic laws governing the movement
of motor vehicles with a frequency that indicates a disrespect for traffic laws and a disregard
for the safety of other persons on the highways.
(2) (a) The division may suspend the license of a person under Subsection (1) when the
person has failed to comply with the terms stated on a traffic citation issued in this state, except
this Subsection (2) does not apply to highway weight limit violations or violations of law
governing the transportation of hazardous materials.
(b) This Subsection (2) applies to parking and standing violations only if a court has
issued a warrant for the arrest of a person for failure to post bail, appear, or otherwise satisfy
the terms of the citation.
(c) (i) This Subsection (2) may not be exercised unless notice of the pending
suspension of the driving privilege has been sent at least 10 days previously to the person at the
address provided to the division.
(ii) After clearance by the division, a report authorized by Section 
53-3-104
 may not
contain any evidence of a suspension that occurred as a result of failure to comply with the
terms stated on a traffic citation.
(3) (a) The division may suspend the license of a person under Subsection (1) when the
division has been notified by a court that the person has an outstanding unpaid fine, an
outstanding incomplete restitution requirement, or an outstanding warrant levied by order of a
court.
(b) The suspension remains in effect until the division is notified by the court that the
order has been satisfied.
(c) After clearance by the division, a report authorized by Section 
53-3-104
 may not
contain any evidence of the suspension.
(d) The provisions of Subsection (3)(c) do not apply to:
(i) a CDIP or CDL license holder; or
(ii) a violation that occurred in a commercial motor vehicle.
(4) (a) The division shall make rules establishing a point system as provided for in this
Subsection (4).
(b) (i) The division shall assign a number of points to each type of moving traffic
violation as a measure of its seriousness.
(ii) The points shall be based upon actual relationships between types of traffic
violations and motor vehicle traffic accidents.
(iii) Except as provided in Subsection (4)(b)(iv), the division may not assess points
against a person's driving record for a conviction of a traffic violation:
(A) that occurred in another state; and
(B) that was committed on or after July 1, 2011.
(iv) The provisions of Subsection (4)(b)(iii) do not apply to:
(A) a reckless or impaired driving violation or a speeding violation for exceeding the
posted speed limit by 21 or more miles per hour; or
(B) an offense committed in another state which, if committed within Utah, would
result in the mandatory suspension or revocation of a license upon conviction under Section
53-3-220
.
(c) Every person convicted of a traffic violation shall have assessed against the person's
driving record the number of points that the division has assigned to the type of violation of
which the person has been convicted, except that the number of points assessed shall be
decreased by 10% if on the abstract of the court record of the conviction the court has graded
the severity of violation as minimum, and shall be increased by 10% if on the abstract the court
has graded the severity of violation as maximum.
(d) (i) A separate procedure for assessing points for speeding offenses shall be
established by the division based upon the severity of the offense.
(ii) The severity of a speeding violation shall be graded as:
(A) "minimum" for exceeding the posted speed limit by up to 10 miles per hour;
(B) "intermediate" for exceeding the posted speed limit by from 11 to 20 miles per
hour; and
(C) "maximum" for exceeding the posted speed limit by 21 or more miles per hour.
(iii) Consideration shall be made for assessment of no points on minimum speeding
violations, except for speeding violations in school zones.
(e) (i) Points assessed against a person's driving record shall be deleted for violations
occurring before a time limit set by the division.
(ii) The time limit may not exceed three years.
(iii) The division may also delete points to reward violation-free driving for periods of
time set by the division.
(f) (i) By publication in two newspapers having general circulation throughout the
state, the division shall give notice of the number of points it has assigned to each type of
traffic violation, the time limit set by the division for the deletion of points, and the point level
at which the division will generally take action to deny or suspend under this section.
(ii) The division may not change any of the information provided above regarding
points without first giving new notice in the same manner.
(5) (a) (i) If the division finds that the license of a person should be denied, suspended,
disqualified, or revoked under this section, the division shall immediately notify the licensee in
a manner specified by the division and afford the person an opportunity for a hearing in the
county where the licensee resides.
(ii) The hearing shall be documented, and the division or its authorized agent may
administer oaths, may issue subpoenas for the attendance of witnesses and the production of
relevant books and papers, and may require a reexamination of the licensee.
(iii) One or more members of the division may conduct the hearing, and any decision
made after a hearing before any number of the members of the division is as valid as if made
after a hearing before the full membership of the division.
(iv) After the hearing the division shall either rescind or affirm its decision to deny,
suspend, disqualify, or revoke the license.
(b) The denial, suspension, disqualification, or revocation of the license remains in
effect pending qualifications determined by the division regarding a person:
(i) whose license has been denied or suspended following reexamination;
(ii) who is incompetent to drive a motor vehicle;
(iii) who is afflicted with mental or physical infirmities that might make him dangerous
on the highways; or
(iv) who may not have the necessary knowledge or skill to drive a motor vehicle safely.
(6) (a) Subject to Subsection (6)(d), the division shall suspend a person's license when
the division receives notice from the Office of Recovery Services that the Office of Recovery
Services has ordered the suspension of the person's license.
(b) A suspension under Subsection (6)(a) shall remain in effect until the division
receives notice from the Office of Recovery Services that the Office of Recovery Services has
rescinded the order of suspension.
(c) After an order of suspension is rescinded under Subsection (6)(b), a report
authorized by Section 
53-3-104
 may not contain any evidence of the suspension.
(d) (i) If the division suspends a person's license under this Subsection (6), the division
shall, upon application, issue a temporary limited driver license to the person if that person
needs a driver license for employment, education, or child visitation.
(ii) The temporary limited driver license described in this section:
(A) shall provide that the person may operate a motor vehicle only for the purpose of
driving to or from the person's place of employment, education, or child visitation;
(B) shall prohibit the person from driving a motor vehicle for any purpose other than a
purpose described in Subsection (6)(d)(ii)(A); and
(C) shall expire 90 days after the day on which the temporary limited driver license is
issued.
(iii) (A) During the period beginning on the day on which a temporary limited driver
license is issued under this Subsection (6), and ending on the day that the temporary limited
driver license expires, the suspension described in this Subsection (6) only applies if the person
who is suspended operates a motor vehicle for a purpose other than employment, education, or
child visitation.
(B) Upon expiration of a temporary limited driver license described in this Subsection
(6)(d):
(I) a suspension described in Subsection (6)(a) shall be in full effect until the division
receives notice, under Subsection (6)(b), that the order of suspension is rescinded; and
(II) a person suspended under Subsection (6)(a) may not drive a motor vehicle for any
reason.
(iv) The division is not required to issue a limited driver license to a person under this
Subsection (6)(d) if there are other legal grounds for the suspension of the person's driver
license.
(v) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to implement the provisions of this part.
(7) (a) The division may suspend or revoke the license of any resident of this state
upon receiving notice of the conviction of that person in another state of an offense committed
there that, if committed in this state, would be grounds for the suspension or revocation of a
license.
(b) The division may, upon receiving a record of the conviction in this state of a
nonresident driver of a motor vehicle or motorboat of any offense under the motor vehicle laws
of this state, forward a certified copy of the record to the motor vehicle administrator in the
state where the person convicted is a resident.
(8) (a) The division may suspend or revoke the license of any nonresident to drive a
motor vehicle in this state for any cause for which the license of a resident driver may be
suspended or revoked.
(b) Any nonresident who drives a motor vehicle upon a highway when the person's
license has been suspended or revoked by the division is guilty of a class C misdemeanor.
(9) (a) The division may not deny or suspend the license of any person for a period of
more than one year except:
(i) for failure to comply with the terms of a traffic citation under Subsection (2);
(ii) upon receipt of a second or subsequent order suspending juvenile driving privileges
under Section 
53-3-219
;
(iii) when extending a denial or suspension upon receiving certain records or reports
under Subsection 
53-3-220
(2);
(iv) for failure to give and maintain owner's or operator's security under Section
41-12a-411
;
(v) when the division suspends the license under Subsection (6); or
(vi) when the division denies the license under Subsection (14).
(b) The division may suspend the license of a person under Subsection (2) until the
person shows satisfactory evidence of compliance with the terms of the traffic citation.
(10) (a) By following the procedures in Title 63G, Chapter 4, Administrative
Procedures Act, the division may suspend the license of any person without receiving a record
of the person's conviction for a crime when the division has reason to believe that the person's
license was granted by the division through error or fraud or that the necessary consent for the
license has been withdrawn or is terminated.
(b) The procedure upon suspension is the same as under Subsection (5), except that
after the hearing the division shall either rescind its order of suspension or cancel the license.
(11) (a) The division, having good cause to believe that a licensed driver is
incompetent or otherwise not qualified to be licensed, may upon notice in a manner specified
by the division of at least five days to the licensee require him to submit to an examination.
(b) Upon the conclusion of the examination the division may suspend or revoke the
person's license, permit him to retain the license, or grant a license subject to a restriction
imposed in accordance with Section 
53-3-208
.
(c) Refusal or neglect of the licensee to submit to an examination is grounds for
suspension or revocation of the licensee's license.
(12) (a) Except as provided in Subsection (12)(b), a report authorized by Section
53-3-104
 may not contain any evidence of a conviction for speeding on an interstate system in
this state if the conviction was for a speed of 10 miles per hour or less, above the posted speed
limit and did not result in an accident, unless authorized in a manner specified by the division
by the individual whose report is being requested.
(b) The provisions of Subsection (12)(a) do not apply for:
(i) a 
CDIP or
 CDL license holder; or
(ii) a violation that occurred in a commercial motor vehicle.
(13) (a) By following the procedures in Title 63G, Chapter 4, Administrative
Procedures Act, the division may suspend the license of a person if it has reason to believe that
the person is the owner of a motor vehicle for which security is required under Title 41,
Chapter 12a, Financial Responsibility of Motor Vehicle Owners and Operators Act, and has
driven the motor vehicle or permitted it to be driven within this state without the security being
in effect.
(b) The division may suspend a driving privilege card holder's driving privilege card if
the division receives notification from the Motor Vehicle Division that:
(i) the driving privilege card holder is the registered owner of a vehicle; and
(ii) the driving privilege card holder's vehicle registration has been revoked under
Subsection 
41-1a-110
(2)(a)(ii)(A).
(c) Section 
41-12a-411
 regarding the requirement of proof of owner's or operator's
security applies to persons whose driving privileges are suspended under this Subsection (13).
(14) The division may deny an individual's license if the person fails to comply with
the requirement to downgrade the person's CDL to a class D license under Section 
53-3-410.1
.
(15) The division may deny a person's class A, B, C, or D license if the person fails to
comply with the requirement to have a K restriction removed from the person's license.
(16) Any suspension or revocation of a person's license under this section also
disqualifies any license issued to that person under Part 4, Uniform Commercial Driver License
Act.
Section 4. Section 
53-3-402
 is amended to read:
53-3-402.
Definitions.
As used in this part:
(1) "Alcohol" means any substance containing any form of alcohol, including ethanol,
methanol, propanol, and isopropanol.
(2) "Alcohol concentration" means the number of grams of alcohol per:
(a) 100 milliliters of blood;
(b) 210 liters of breath; or
(c) 67 milliliters of urine.
[
(3) "Commercial driver instruction permit" or "CDIP" means a permit issued under
Section 
53-3-408
.
]
[
(4)
] 
(3)
 "Commercial driver license information system" or "CDLIS" means the
information system established under Title XII, Pub. L. 99-570, the Commercial Motor Vehicle
Safety Act of 1986, as a clearinghouse for information related to the licensing and
identification of commercial motor vehicle drivers.
[
(5)
] 
(4)
 "Controlled substance" means any substance so classified under Section
102(6) of the Controlled Substance Act, 21 U.S.C. 802(6), and includes all substances listed on
the current Schedules I through V of 21 C.F.R., Part 1308 as they may be revised from time to
time.
[
(6)
] 
(5)
 "Employee" means any driver of a commercial motor vehicle, including:
(a) full-time, regularly employed drivers;
(b) casual, intermittent, or occasional drivers;
(c) leased drivers; and
(d) independent, owner-operator contractors while in the course of driving a
commercial motor vehicle who are either directly employed by or under lease to an employer.
[
(7)
] 
(6)
 "Employer" means any individual or person including the United States, a
state, or a political subdivision of a state, who owns or leases a commercial motor vehicle, or
assigns an individual to drive a commercial motor vehicle.
[
(8)
] 
(7)
 "Felony" means any offense under state or federal law that is punishable by
death or imprisonment for a term of more than one year.
[
(9)
] 
(8)
 "Foreign jurisdiction" means any jurisdiction other than the United States or a
state of the United States.
[
(10)
] 
(9)
 "Gross vehicle weight rating" or "GVWR" means the value specified by the
manufacturer as the maximum loaded weight of a single vehicle or GVWR of a combination or
articulated vehicle, and includes the GVWR of the power unit plus the total weight of all towed
units and the loads on those units.
[
(11)
] 
(10)
 "Hazardous material" has the same meaning as defined under 49 C.F.R.
Sec. 383.5.
[
(12)
] 
(11)
 "Imminent hazard" means the existence of a condition, practice, or violation
that presents a substantial likelihood that death, serious illness, severe personal injury, or a
substantial endangerment to health, property, or the environment is expected to occur
immediately, or before the condition, practice, or violation can be abated.
[
(13)
] 
(12)
 "Medical certification status" means the medical certification of a
commercial driver license holder or commercial motor vehicle operator in any of the following
categories:
(a) Non-excepted interstate. A person shall certify that the person:
(i) operates or expects to operate in interstate commerce;
(ii) is both subject to and meets the qualification requirements under 49 C.F.R. Part
391; and
(iii) is required to obtain a medical examiner's certificate under 49 C.F.R. Sec. 391.45.
(b) Excepted interstate. A person shall certify that the person:
(i) operates or expects to operate in interstate commerce, but engages exclusively in
transportation or operations excepted under 49 C.F.R. Sec. 390.3(f), 391.2, 391.68, or 398.3
from all or parts of the qualification requirements of 49 C.F.R. Part 391; and
(ii) is not required to obtain a medical examiner's certificate under 49 C.F.R. Sec.
391.45.
(c) Non-excepted intrastate. A person shall certify that the person:
(i) operates only in intrastate commerce; and
(ii) is subject to state driver qualification requirements under Sections 
53-3-303.5
,
53-3-304
, and 
53-3-414
.
(d) Excepted intrastate. A person shall certify that the person:
(i) operates in intrastate commerce; and
(ii) engages exclusively in transportation or operations excepted from all parts of the
state driver qualification requirements.
[
(14)
] 
(13)
 "NDR" means the National Driver Register.
[
(15)
] 
(14)
 "Nonresident CDL" means a commercial driver license issued by a state to
an individual who resides in a foreign jurisdiction.
[
(16)
] 
(15)
 "Out-of-service order" means a temporary prohibition against driving a
commercial motor vehicle.
[
(17)
] 
(16)
 "Port-of-entry agent" has the same meaning as provided in Section
72-1-102
.
[
(18)
] 
(17)
 "Serious traffic violation" means a conviction of any of the following:
(a) speeding 15 or more miles per hour above the posted speed limit;
(b) reckless driving as defined by state or local law;
(c) improper or erratic traffic lane changes;
(d) following the vehicle ahead too closely;
(e) any other motor vehicle traffic law which arises in connection with a fatal traffic
accident;
(f) operating a commercial motor vehicle without a CDL or a CDIP;
(g) operating a commercial motor vehicle without the proper class of CDL or CDL
endorsement for the type of vehicle group being operated or for the passengers or cargo being
transported;
(h) operating a commercial motor vehicle without a CDL or CDIP license certificate in
the driver's possession in violation of Section 
53-3-404
;
(i) using a handheld wireless communication device in violation of Section 
41-6a-1716
while operating a commercial motor vehicle; or
(j) using a hand-held mobile telephone while operating a commercial motor vehicle in
violation of 49 C.F.R. Sec. 392.82.
[
(19)
] 
(18)
 "State" means a state of the United States, the District of Columbia, any
province or territory of Canada, or Mexico.
[
(20)
] 
(19)
 "United States" means the 50 states and the District of Columbia.
Section 5. Section 
53-3-410.1
 is amended to read:
53-3-410.1.
Medical certification requirements.
(1) A person whose medical certification status is:
(a) "non-excepted interstate" under Subsection 
53-3-402
[
(13)
]
(12)
(a) is required to
provide the division a medical self certification and an updated medical examiner's certificate
under 49 C.F.R. Sec. 391.45 upon request by the division;
(b) "excepted interstate" under Subsection 
53-3-402
[
(13)
]
(12)
(b) is required to provide
to the division a medical self certification upon request by the division;
(c) "non-excepted intrastate" under Subsection 
53-3-402
[
(13)
]
(12)
(c) is required to,
upon request by the division:
(i) provide to the division a medical self certification; and
(ii) comply with the requirements of Section 
53-3-303.5
; or
(d) "excepted intrastate" under Subsection 
53-3-402
[
(13)
]
(12)
(b) is required to, upon
request by the division:
(i) provide to the division a medical self certification; and
(ii) (A) provide to the division an updated medical examiner's certificate under 49
C.F.R. Sec. 391.45; or
(B) comply with the requirements of Section 
53-3-303.5
.
(2) A request by the division for a person to comply with Subsection (1) shall
correspond with the expiration of the previously submitted medical examiner's certificate.
(3) If a person fails to comply with a request under this section, the person shall be
required to downgrade the person's CDL to a class D license.
(4) Failure to comply with the requirement of this section shall result in the denial of
the license under Section 
53-3-221
.
Section 6. Section 
53-3-420
 is amended to read:
53-3-420.
Driver's driving record available for certain purposes.
The division shall provide [
full information regarding the driving record
] 
the CDL
MVR
 of any holder of a 
CDIP or
 CDL within 10 days of a request to:
[
(1) the driver license administrator of any other state requesting that information;
]
(1) another state
Ŝ→ [
via the commercial driver license information system
] ←Ŝ
;
(2) [
any employer or prospective employer of a person to drive a commercial motor
vehicle
] 
a motor carrier
Ŝ→ [
or
] 
,
 ←Ŝ
prospective motor carrier
Ŝ→ [
with a release from the
651a 
subject of the
record granting disclosure of the record
 upon request
] 
, or authorized agent of a motor carrier or
652a 
prospective motor carrier after notification to the driver
 ←Ŝ
 and payment of a fee under Section
53-3-105
;
(3) [
insurers of commercial motor vehicle drivers
] 
the subject of the record
 upon
request and payment of a fee under Section 
53-3-105
; and
(4) the Secretary of the United States Department of Transportation.
Section 7. Section 
53-3-709
 is amended to read:
53-3-709.
Amendment of compact.
(1) (a) This compact may be amended from time to time.
(b) Amendments shall be presented in resolution form to the chairman of the board of
compact administrators and may be initiated by one or more party jurisdictions.
(2) Adoption of an amendment requires endorsement of all party jurisdictions and
becomes effective 30 days after the date of the last endorsement.
(3) (a) Failure of a party jurisdiction to respond to the compact chairman within 120
days after receipt of the proposed amendment constitutes endorsement.
(b) A report authorized by Section 
53-3-104
 may not contain any evidence of a
suspension that occurred as a result of failure to comply with the requirements of this part.
(c) The provisions of Subsection (3)(b) do not apply to:
(i) a CDIP or CDL license holder; or
(ii) a violation that occurred in a commercial motor vehicle.
Section 8. Section 
72-9-107
 is amended to read:
72-9-107.
Medical exemptions for farm vehicle operators.
Except as provided in Section 
53-3-206
, an operator of a farm vehicle or combination
of farm vehicles is exempt from additional requirements for physical qualifications, medical
examinations, and medical certification if the farm vehicle or combination of farm vehicles
being operated is:
(1) under 26,001 pounds gross vehicle weight rating;
(2) not operated as a commercial motor vehicle in accordance with Subsection
53-3-102
[
(4)
]
(6)
(b)(ii); and
(3) not operated as an interstate commercial motor vehicle.
Section 9. 
Effective date.
This bill takes effect on July 1, 2015.
682a 
Ŝ→ 
Section 10. Coordinating H.B. 26 with S.B. 20 -- Substantive and technical amendments.
682b 
 If this H.B. 26 and S.B. 20, Uniform Driver License Act Amendments, both pass and
682c 
become law, it is the intent of the Legislature that the Office of Legislative Research and
682d 
General Counsel shall prepare the Utah Code database for publication by amending
682e 
Subsection 53-3-102(3) to read:
682f 
 "(3) "Commercial driver instruction permit" or "CDIP" means a commercial learner
682g 
permit:
682h 
 (a) issued under Section 53-3-408; or
682i 
 (b) issued by a state or other jurisdiction of domicile in compliance with the standards
682j 
contained in 49 C.F.R. Part 383."
 ←Ŝ
Legislative Review Note
 as of 9-17-14 3:32 PM
Office of Legislative Research and General Counsel