Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 20 (2015GS)

Sponsor

Sen. Van Tassell, K.

Final action

Governor Signed 3/31/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• amends definitions;
• prohibits the Driver License Division from issuing a CDL to a person who is younger than 18 years of age at the time of application;
• provides that a CDL may be issued to an individual who is an out-of-state resident if the person qualifies for a non-domiciled CDL;
• provides that a temporary CDL may only be issued until June 30, 2015, to a person who is enrolled in a CDL driving training school located in Utah;
• adds a requirement to the CDL application that, beginning July 1, 2015, a person must hold a commercial driver instruction permit for a minimum of 14 days prior to taking the skills test, including a person who is upgrading a CDL class or endorsement requiring a skills test;
• adds a requirement to the commercial driver instruction permit application that a person must be 18 years of age or older to be eligible for a commercial driver instruction permit;
• authorizes the Driver License Division, beginning July 1, 2015, to accept a skills test result from another state or a party authorized by another state or jurisdiction that is compliant with certain federal requirements for issuance of a Utah CDL if the applicant holds a valid Utah commercial driver instruction permit at the time the test is administered;
• authorizes the Driver License Division or an authorized third party, beginning July 1, 2015, to administer a skills test to an out-of-state resident that holds a valid commercial driver instruction permit issued by a state or jurisdiction that is compliant with certain federal requirements;
• requires the Driver License Division or an authorized third party who administers a skills test to:
• electronically transmit the skills test results for an out-of-state resident to the state or jurisdiction in which the out-of-state resident holds a valid commercial driver instruction permit; and
• provide an out-of-state resident with documentary evidence upon successful completion of the test;
• authorizes the Driver License Division or an authorized third party to collect a fee when a skills test is administered to an out-of-state resident; and
• makes technical corrections.

Every vote on this bill

Bill text

UNIFORM DRIVER LICENSE ACT AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kevin T. Van Tassell
House Sponsor: 
 Don L. Ipson
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
commercial driver licenses.
Highlighted Provisions:
This bill:
▸ amends definitions;
▸ prohibits the Driver License Division from issuing a CDL to a person who is
younger than 18 years of age at the time of application;
▸ provides that a CDL may be issued to an individual who is an out-of-state resident if
the person qualifies for a non-domiciled CDL;
▸ provides that a temporary CDL may only be issued until June 30, 2015, to a person
who is enrolled in a CDL driving training school located in Utah;
▸ adds a requirement to the CDL application that, beginning July 1, 2015, a person
must hold a commercial driver instruction permit for a minimum of 14 days prior to
taking the skills test, including a person who is upgrading a CDL class or
endorsement requiring a skills test;
▸ adds a requirement to the commercial driver instruction permit application that a
person must be 18 years of age or older to be eligible for a commercial driver
instruction permit;
▸ authorizes the Driver License Division, beginning July 1, 2015, to accept a skills
test result from another state or a party authorized by another state or jurisdiction
that is compliant with certain federal requirements for issuance of a Utah CDL if the
applicant holds a valid Utah commercial driver instruction permit at the time the
test is administered;
▸ authorizes the Driver License Division or an authorized third party, beginning July
1, 2015, to administer a skills test to an out-of-state resident that holds a valid
commercial driver instruction permit issued by a state or jurisdiction that is
compliant with certain federal requirements;
▸ requires the Driver License Division or an authorized third party who administers a
skills test to:
• electronically transmit the skills test results for an out-of-state resident to the
state or jurisdiction in which the out-of-state resident holds a valid commercial
driver instruction permit; and
• provide an out-of-state resident with documentary evidence upon successful
completion of the test;
▸ authorizes the Driver License Division or an authorized third party to collect a fee
when a skills test is administered to an out-of-state resident; and
▸ makes technical corrections.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53-3-204
, as last amended by Laws of Utah 2014, Chapter 58
53-3-205
, as last amended by Laws of Utah 2014, Chapter 85
53-3-402
, as last amended by Laws of Utah 2013, Chapter 411
53-3-407
, as last amended by Laws of Utah 2014, Chapter 85
53-3-408
, as last amended by Laws of Utah 2006, Chapter 201
ENACTS:
53-3-401.1
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53-3-204
 is amended to read:
53-3-204.
Persons who may not be licensed.
(1) (a) The division may not license a person who:
(i) is younger than 16 years of age;
(ii) if the person is 18 years of age or younger, has not completed a course in driver
training approved by the commissioner;
(iii) if the person is 19 years of age or older has not completed:
(A) a course in driver training approved by the commissioner; or
(B) the requirements under Subsection 
53-3-210.5
(6)(c);
(iv) if the person is a minor as defined in Section 
53-3-211
, has not completed the
driving requirement under Section 
53-3-211
;
(v) is not a resident of the state, unless the person
:
(A)
 is issued a temporary CDL under Subsection 
53-3-407
(2)(b)[
; or
] 
prior to July 1,
2015; or
(B) qualifies for a non-domiciled CDL as defined in 49 C.F.R. Part 383;
(vi) if the person is 17 years of age or younger, has not held a learner permit issued
under Section 
53-3-210.5
 or an equivalent by another state or branch of the United States
Armed Forces for six months[
.
]
; or
(vii) is younger than 18 years of age and applying for a CDL under 49 C.F.R. Part 383.
(b) Subsections (1)(a)(i), (ii), (iii), (iv), and (vi) do not apply to a person:
(i) who has been licensed before July 1, 1967; or
(ii) who is 16 years of age or older making application for a license who has been
licensed in another state or country.
(2) The division may not issue a license certificate to a person:
(a) whose license has been suspended, denied, cancelled, or disqualified during the
period of suspension, denial, cancellation, or disqualification;
(b) whose privilege has been revoked, except as provided in Section 
53-3-225
;
(c) who has previously been adjudged mentally incompetent and who has not at the
time of application been restored to competency as provided by law;
(d) who is required by this chapter to take an examination unless the person
successfully passes the examination;
(e) whose driving privileges have been denied or suspended under:
(i) Section 
78A-6-606
 by an order of the juvenile court; or
(ii) Section 
53-3-231
; or
(f) beginning on or after July 1, 2012, who holds an unexpired Utah identification card
issued under Part 8, Identification Card Act, unless:
(i) the Utah identification card is canceled; and
(ii) if the Utah identification card is in the person's possession, the Utah identification
card is surrendered to the division.
(3) (a) Except as provided in Subsection (3)(c), the division may not grant a motorcycle
endorsement to a person who:
(i) has not been granted an original or provisional class D license, a CDL, or an
out-of-state equivalent to an original or provisional class D license or a CDL; and
(ii) if the person is under 19 years of age, has not held a motorcycle learner permit for
two months unless Subsection (3)(b) applies.
(b) The division may waive the two month motorcycle learner permit holding period
requirement under Subsection (3)(a)(ii) if the person proves to the satisfaction of the division
that the person has completed a motorcycle rider education program that meets the
requirements under Section 
53-3-903
.
(c) The division may grant a motorcycle endorsement to a person under 19 years of age
who has not held a motorcycle learner permit for two months if the person was issued a
motorcycle endorsement prior to July 1, 2008.
(4) The division may grant a class D license to a person whose commercial license is
disqualified under Part 4, Uniform Commercial Driver License Act, if the person is not
otherwise sanctioned under this chapter.
Section 2. Section 
53-3-205
 is amended to read:
53-3-205.
Application for license or endorsement -- Fee required -- Tests --
Expiration dates of licenses and endorsements -- Information required -- Previous
licenses surrendered -- Driving record transferred from other states -- Reinstatement --
Fee required -- License agreement.
(1) An application for any original license, provisional license, or endorsement shall
be:
(a) made upon a form furnished by the division; and
(b) accompanied by a nonrefundable fee set under Section 
53-3-105
.
(2) An application and fee for an original provisional class D license or an original
class D license entitle the applicant to:
(a) not more than three attempts to pass both the knowledge and the skills tests for a
class D license within six months of the date of the application;
(b) a learner permit if needed pending completion of the application and testing
process; and
(c) an original class D license and license certificate after all tests are passed and
requirements are completed.
(3) An application and fee for a motorcycle or taxicab endorsement entitle the
applicant to:
(a) not more than three attempts to pass both the knowledge and skills tests within six
months of the date of the application;
(b) a motorcycle learner permit after the motorcycle knowledge test is passed; and
(c) a motorcycle or taxicab endorsement when all tests are passed.
(4) An application and fees for a commercial class A, B, or C license entitle the
applicant to:
(a) not more than two attempts to pass a knowledge test and not more than two
attempts to pass a skills test within six months of the date of the application;
(b) a commercial driver instruction permit if needed after the knowledge test is passed;
and
(c) an original commercial class A, B, or C license and license certificate when all
applicable tests are passed.
(5) An application and fee for a CDL endorsement entitle the applicant to:
(a) not more than two attempts to pass a knowledge test and not more than two
attempts to pass a skills test within six months of the date of the application; and
(b) a CDL endorsement when all tests are passed.
(6) 
(a)
 If a CDL applicant does not pass a knowledge test, skills test, or an endorsement
test within the number of attempts provided in Subsection (4) or (5), each test may be taken
two additional times within the six months for the fee provided in Section 
53-3-105
.
(b) (i) Beginning July 1, 2015, an out-of-state resident who holds a valid CDIP issued
by a state or jurisdiction that is compliant with 49 C.F.R. Part 383 may take a skills test
administered by the division if the out-of-state resident pays the fee provided in Subsection
53-3-105
(20)(b).
(ii) The division shall:
(A) electronically transmit skills test results for an out-of-state resident to the licensing
agency in the state or jurisdiction in which the person has obtained a valid CDIP; and
(B) provide the out-of-state resident with documentary evidence upon successful
completion of the skills test.
(7) (a) Except as provided under Subsections (7)(f), (g), and (h), an original license
expires on the birth date of the applicant in the fifth year following the year the license
certificate was issued.
(b) Except as provided under Subsections (7)(f), (g), and (h), a renewal or an extension
to a license expires on the birth date of the licensee in the fifth year following the expiration
date of the license certificate renewed or extended.
(c) Except as provided under Subsections (7)(f) and (g), a duplicate license expires on
the same date as the last license certificate issued.
(d) An endorsement to a license expires on the same date as the license certificate
regardless of the date the endorsement was granted.
(e) (i) A regular license certificate and any endorsement to the regular license
certificate held by a person described in Subsection (7)(e)(ii), which expires during the time
period the person is stationed outside of the state, is valid until 90 days after the person's orders
have been terminated, the person has been discharged, or the person's assignment has been
changed or terminated, unless:
(A) the license is suspended, disqualified, denied, or has been cancelled or revoked by
the division; or
(B) the licensee updates the information or photograph on the license certificate.
(ii) The provisions in Subsection (7)(e)(i) apply to a person:
(A) ordered to active duty and stationed outside of Utah in any of the armed forces of
the United States;
(B) who is an immediate family member or dependent of a person described in
Subsection (7)(e)(ii)(A) and is residing outside of Utah;
(C) who is a civilian employee of the United States State Department or United States
Department of Defense and is stationed outside of the United States; or
(D) who is an immediate family member or dependent of a person described in
Subsection (7)(e)(ii)(C) and is residing outside of the United States.
(f) (i) Except as provided in Subsection (7)(f)(ii), a limited-term license certificate or a
renewal to a limited-term license certificate expires:
(A) on the expiration date of the period of time of the individual's authorized stay in
the United States or on the date provided under this Subsection (7), whichever is sooner; or
(B) on the date of issuance in the first year following the year that the limited-term
license certificate was issued if there is no definite end to the individual's period of authorized
stay.
(ii) A limited-term license certificate or a renewal to a limited-term license certificate
issued to an approved asylee or a refugee expires on the birth date of the applicant in the fourth
year following the year that the limited-term license certificate was issued.
(g) A driving privilege card issued or renewed under Section 
53-3-207
 expires on the
birth date of the applicant in the first year following the year that the driving privilege card was
issued or renewed.
(h) An original license or a renewal to an original license expires on the birth date of
the applicant in the first year following the year that the license was issued if the applicant is
required to register as a sex offender in accordance with Title 77, Chapter 41, Sex and Kidnap
Offender Registry.
(8) (a) In addition to the information required by Title 63G, Chapter 4, Administrative
Procedures Act, for requests for agency action, each applicant shall:
(i) provide:
(A) the applicant's full legal name;
(B) the applicant's birth date;
(C) the applicant's gender;
(D) (I) documentary evidence of the applicant's valid Social Security number;
(II) written proof that the applicant is ineligible to receive a Social Security number;
(III) the applicant's temporary identification number (ITIN) issued by the Internal
Revenue Service for a person who:
(Aa) does not qualify for a Social Security number; and
(Bb) is applying for a driving privilege card; or
(IV) other documentary evidence approved by the division;
(E) the applicant's Utah residence address as documented by a form or forms
acceptable under rules made by the division under Section 
53-3-104
, unless the application is
for a temporary CDL issued under Subsection 
53-3-407
(2)(b); and
(F) fingerprints and a photograph in accordance with Section 
53-3-205.5
 if the person
is applying for a driving privilege card;
(ii) provide evidence of the applicant's lawful presence in the United States by
providing documentary evidence:
(A) that a person is:
(I) a United States citizen;
(II) a United States national; or
(III) a legal permanent resident alien; or
(B) of the applicant's:
(I) unexpired immigrant or nonimmigrant visa status for admission into the United
States;
(II) pending or approved application for asylum in the United States;
(III) admission into the United States as a refugee;
(IV) pending or approved application for temporary protected status in the United
States;
(V) approved deferred action status;
(VI) pending application for adjustment of status to legal permanent resident or
conditional resident; or
(VII) conditional permanent resident alien status;
(iii) provide a description of the applicant;
(iv) state whether the applicant has previously been licensed to drive a motor vehicle
and, if so, when and by what state or country;
(v) state whether the applicant has ever had any license suspended, cancelled, revoked,
disqualified, or denied in the last 10 years, or whether the applicant has ever had any license
application refused, and if so, the date of and reason for the suspension, cancellation,
revocation, disqualification, denial, or refusal;
(vi) state whether the applicant intends to make an anatomical gift under Title 26,
Chapter 28, Revised Uniform Anatomical Gift Act, in compliance with Subsection (15);
(vii) state whether the applicant is required to register as a sex offender in accordance
with Title 77, Chapter 41, Sex and Kidnap Offender Registry;
(viii) state whether the applicant is a veteran of the United States military, provide
verification that the applicant was granted an honorable or general discharge from the United
States Armed Forces, and state whether the applicant does or does not authorize sharing the
information with the state Department of Veterans' and Military Affairs;
(ix) provide all other information the division requires; and
(x) sign the application which signature may include an electronic signature as defined
in Section 
46-4-102
.
(b) Each applicant shall have a Utah residence address, unless the application is for a
temporary CDL issued under Subsection 
53-3-407
(2)(b).
(c) Each applicant shall provide evidence of lawful presence in the United States in
accordance with Subsection (8)(a)(ii), unless the application is for a driving privilege card.
(d) The division shall maintain on its computerized records an applicant's:
(i) (A) Social Security number;
(B) temporary identification number (ITIN); or
(C) other number assigned by the division if Subsection (8)(a)(i)(D)(IV) applies; and
(ii) indication whether the applicant is required to register as a sex offender in
accordance with Title 77, Chapter 41, Sex and Kidnap Offender Registry.
(9) The division shall require proof of every applicant's name, birthdate, and birthplace
by at least one of the following means:
(a) current license certificate;
(b) birth certificate;
(c) Selective Service registration; or
(d) other proof, including church records, family Bible notations, school records, or
other evidence considered acceptable by the division.
(10) (a) Except as provided in Subsection (10)(c), if an applicant receives a license in a
higher class than what the applicant originally was issued:
(i) the license application shall be treated as an original application; and
(ii) license and endorsement fees shall be assessed under Section 
53-3-105
.
(b) An applicant that receives a downgraded license in a lower license class during an
existing license cycle that has not expired:
(i) may be issued a duplicate license with a lower license classification for the
remainder of the existing license cycle; and
(ii) shall be assessed a duplicate license fee under Subsection 
53-3-105
(22) if a
duplicate license is issued under Subsection (10)(b)(i).
(c) An applicant who has received a downgraded license in a lower license class under
Subsection (10)(b):
(i) may, when eligible, receive a duplicate license in the highest class previously issued
during a license cycle that has not expired for the remainder of the existing license cycle; and
(ii) shall be assessed a duplicate license fee under Subsection 
53-3-105
(22) if a
duplicate license is issued under Subsection (10)(c)(i).
(11) (a) When an application is received from a person previously licensed in another
state to drive a motor vehicle, the division shall request a copy of the driver's record from the
other state.
(b) When received, the driver's record becomes part of the driver's record in this state
with the same effect as though entered originally on the driver's record in this state.
(12) An application for reinstatement of a license after the suspension, cancellation,
disqualification, denial, or revocation of a previous license shall be accompanied by the
additional fee or fees specified in Section 
53-3-105
.
(13) A person who has an appointment with the division for testing and fails to keep
the appointment or to cancel at least 48 hours in advance of the appointment shall pay the fee
under Section 
53-3-105
.
(14) A person who applies for an original license or renewal of a license agrees that the
person's license is subject to any suspension or revocation authorized under this title or Title
41, Motor Vehicles.
(15) (a) The indication of intent under Subsection (8)(a)(vi) shall be authenticated by
the licensee in accordance with division rule.
(b) (i) Notwithstanding Title 63G, Chapter 2, Government Records Access and
Management Act, the division may, upon request, release to an organ procurement
organization, as defined in Section 
26-28-102
, the names and addresses of all persons who
under Subsection (8)(a)(vi) indicate that they intend to make an anatomical gift.
(ii) An organ procurement organization may use released information only to:
(A) obtain additional information for an anatomical gift registry; and
(B) inform licensees of anatomical gift options, procedures, and benefits.
(16) Notwithstanding Title 63G, Chapter 2, Government Records Access and
Management Act, the division may release to the Department of Veterans' and Military Affairs
the names and addresses of all persons who indicate their status as a veteran under Subsection
(8)(a)(viii).
(17) The division and its employees are not liable, as a result of false or inaccurate
information provided under Subsection (8)(a)(vi) or (viii), for direct or indirect:
(a) loss;
(b) detriment; or
(c) injury.
(18) A person who knowingly fails to provide the information required under
Subsection (8)(a)(vii) is guilty of a class A misdemeanor.
(19) (a) Until December 1, 2014, a person born on or after December 1, 1964, may
hold both an unexpired Utah license certificate and an unexpired Utah identification card.
(b) On or after December 1, 2014, a person born on or after December 1, 1964:
(i) may not hold both an unexpired Utah license certificate and an unexpired
identification card; and
(ii) if the person has both an unexpired Utah license certificate and an unexpired Utah
identification card in the person's possession, shall be required to surrender either the unexpired
Utah license certificate or the unexpired Utah identification card.
(c) If a person has not surrendered either the Utah license certificate or the Utah
identification card as required under this Subsection (19), the division shall cancel the Utah
identification card on December 1, 2014.
(20) (a) Until December 1, 2017, a person born prior to December 1, 1964, may hold
both an unexpired Utah license certificate and an unexpired Utah identification card.
(b) On or after December 1, 2017, a person born prior to December 1, 1964:
(i) may not hold both an unexpired Utah license certificate and an unexpired
identification card; and
(ii) if the person has both an unexpired Utah license certificate and an unexpired Utah
identification card in the person's possession, shall be required to surrender either the unexpired
Utah license certificate or the unexpired Utah identification card.
(c) If a person has not surrendered either the Utah license certificate or the Utah
identification card as required under this Subsection (20), the division shall cancel the Utah
identification card on December 1, 2017.
(21) (a) A person who applies for an original motorcycle endorsement to a regular
license certificate is exempt from the requirement to pass the knowledge and skills test to be
eligible for the motorcycle endorsement if the person:
(i) is a resident of the state of Utah;
(ii) (A) is ordered to active duty and stationed outside of Utah in any of the armed
forces of the United States; or
(B) is an immediate family member or dependent of a person described in Subsection
(21)(a)(ii)(A) and is residing outside of Utah;
(iii) has a digitized driver license photo on file with the division;
(iv) provides proof to the division of the successful completion of a certified
Motorcycle Safety Foundation rider training course; and
(v) provides the necessary information and documentary evidence required under
Subsection (8).
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
division shall make rules:
(i) establishing the procedures for a person to obtain a motorcycle endorsement under
this Subsection (21); and
(ii) identifying the applicable restrictions for a motorcycle endorsement issued under
this Subsection (21).
Section 3. Section 
53-3-401.1
 is enacted to read:
 53-3-401.1.
Conflict with Federal Motor Carrier Safety Regulations.
Federal Motor Carrier Safety Regulations supercede any conflicting provisions of this
chapter pertaining to licensing of commercial motor vehicle operators.
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 
commercial learner
permit
:
(a)
 issued under Section 
53-3-408
[
.
]
; or
(b) issued by a state or other jurisdiction of domicile in compliance with the standards
contained in 49 C.F.R. Part 383.
(4) "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) "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) "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) "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) "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) "Foreign jurisdiction" means any jurisdiction other than the United States or a state
of the United States.
(10) "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) "Hazardous material" has the same meaning as defined under 49 C.F.R. Sec.
383.5.
(12) "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) "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) "NDR" means the National Driver Register.
(15) "Nonresident CDL" means a commercial driver license issued by a state to an
individual who resides in a foreign jurisdiction.
(16) "Out-of-service order" means a temporary prohibition against driving a
commercial motor vehicle.
(17) "Port-of-entry agent" has the same meaning as provided in Section 
72-1-102
.
(18) "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) "State" means a state of the United States, the District of Columbia, any province
or territory of Canada, or Mexico.
(20) "United States" means the 50 states and the District of Columbia.
Section 5. Section 
53-3-407
 is amended to read:
53-3-407.
Qualifications for commercial driver license -- Fee -- Third parties may
administer skills test.
(1) (a) As used in this section, "CDL driver training school" means a business
enterprise conducted by an individual, association, partnership, or corporation that:
(i) educates and trains persons, either practically or theoretically, or both, to drive
commercial motor vehicles; and
(ii) prepares an applicant for an examination under Subsection (2)(a)(ii) or (2)(b)(i)(B).
(b) A CDL driver training school may charge a consideration or tuition for the services
provided under Subsection (1)(a).
(2) (a) Except as provided in Subsection (2)(b) and (c), a CDL may be issued only to a
person who:
(i) is a resident of this state 
or is an out-of-state resident if the person qualifies for a
non-domiciled CDL as defined in 49 C.F.R. Part 383
;
(ii) beginning July 1, 2015, has held a CDIP for a minimum of 14 days prior to taking
the skills test under 49 C.F.R. Part 383, including a person who is upgrading a CDL class or
endorsement requiring a skills test under 49 C.F.R. Part 383;
[
(ii)
] 
(iii)
 has passed a test of knowledge and skills for driving a commercial motor
vehicle, that complies with minimum standards established by federal regulation in 49 C.F.R.
Part 383, Subparts G and H; and
[
(iii)
] 
(iv)
 has complied with all requirements of 49 C.F.R. Part 383 and other
applicable state laws and federal regulations.
(b) A person who applies for a CDL is exempt from the requirement to pass a skills test
to be eligible for the license if the person:
(i) is a resident of the state of Utah;
(ii) has successfully completed a skills test administered by a state or a party authorized
by a state or jurisdiction that is compliant with 49 C.F.R. Part 383; and
(iii) held a valid Utah CDIP at the time the test was administered.
[
(b)
] 
(c)
 (i) [
A
] 
Until June 30, 2015, a
 temporary CDL may be issued to [
a person
] 
an
out-of-state resident
 who:
(A) is enrolled in a CDL driver training school located in Utah;
(B) has passed a test of knowledge and skills for driving a commercial motor vehicle,
that complies with minimum standards established by federal regulation in 49 C.F.R. Part 383,
Subparts G and H; and
(C) has complied with all requirements of 49 C.F.R. Part 383, Subparts G and H.
(ii) A temporary CDL issued under this Subsection (2)[
(b)
]
(c)
:
(A) is valid for 60 days; and
(B) may not be renewed or extended.
(iii) Except as provided in this section and Subsections 
53-3-204
(1)(a)(v),
53-3-205
(8)(a)(i)(E) and (8)(b), and 
53-3-410
(1)(c), the provisions, requirements, classes,
endorsements, fees, restrictions, and sanctions under this code apply to a temporary CDL
issued under this Subsection (2)[
(b)
]
(c)
 in the same way as a commercial driver license issued
under this part.
[
(c)
] 
(d)
 The department shall waive the skills test specified in this section for a
commercial driver license applicant who, subject to the limitations and requirements of 49
C.F.R. Sec. 383.77, meets all certifications required for a waiver under 49 C.F.R. Sec. 383.77
and certifies that the applicant:
(i) is a member of the active or reserve components of any branch or unit of the armed
forces or a veteran who received an honorable or general discharge from any branch or unit of
the active or reserve components of the United States Armed Forces;
(ii) is or was regularly employed in a position in the armed forces requiring operation
of a commercial motor vehicle; and
(iii) has legally operated, while on active duty for at least two years immediately
preceding application for a commercial driver license, a vehicle representative of the
commercial motor vehicle the driver applicant operates or expects to operate.
[
(d)
] 
(e)
 An applicant who requests a waiver under Subsection (2)[
(c)
]
(d)
 shall present
a completed application for a military skills test waiver at the time of the request.
(3) Tests required under this section shall be prescribed and administered by the
division.
(4) The division shall authorize a person, an agency of this state, an employer, a private
driver training facility or other private institution, or a department, agency, or entity of local
government to administer the skills test required under this section if:
(a) the test is the same test as prescribed by the division, and is administered in the
same manner; and
(b) the party authorized under this section to administer the test has entered into an
agreement with the state that complies with the requirements of 49 C.F.R. Sec. 383.75.
(5) (a) Beginning July 1, 2015, an out-of-state resident who holds a valid CDIP issued
by a state or jurisdiction that is compliant with 49 C.F.R. Part 383 may take a skills test
administered by a party authorized under this section.
(b) A person authorized under this section to administer the skills test may charge a fee
for administration of the skills test.
(c) A person authorized under this section to administer the skills test shall:
(i) electronically transmit skills test results for an out-of-state resident to the licensing
agency in the state or jurisdiction in which the person has obtained a valid CDIP; and
(ii) provide the out-of-state resident with documentary evidence upon successful
completion of the skills test.
[
(5)
] 
(6)
 A person who has an appointment with the division for testing and fails to
keep the appointment or to cancel at least 48 hours in advance of the appointment shall pay the
fee under Section 
53-3-105
.
[
(6)
] 
(7)
 A person authorized under this section to administer the skills test is not
criminally or civilly liable for the administration of the test unless he administers the test in a
grossly negligent manner.
[
(7)
] 
(8)
 The division may waive the skills test required under this section if it
determines that the applicant meets the requirements of 49 C.F.R. Sec. 383.77.
Section 6. Section 
53-3-408
 is amended to read:
53-3-408.
Qualifications for commercial driver instruction permit.
(1) The division may issue a CDIP to a person who:
(a) is 18 years of age or older;
[
(a)
] 
(b)
 holds a valid license;
[
(b)
] 
(c)
 has at least one year of driving experience; and
[
(c)
] 
(d)
 has passed the vision and knowledge test for the class of license for which [
he
]
the person
 is applying.
(2) A CDIP may be:
(a) issued only for a period not to exceed six months; and
(b) renewed or issued again only once within a two-year period.
(3) The holder of a CDIP may drive a commercial motor vehicle on a highway only
when accompanied by a person who:
(a) (i) holds a CDL valid for the [
type
] 
class and endorsements
 of commercial motor
vehicle driven; or
(ii) is certified by the division to administer driver licensing examinations to CDL
applicants; and
(b) occupies a seat beside the individual for the purpose of:
(i) giving the driver instruction regarding the driving of the commercial motor vehicle;
or
(ii) administering a driver licensing examination to a CDL applicant.
(4) A CDL or CDIP may not be issued to a person:
(a) subject to disqualification from driving a commercial motor vehicle; or
(b) whose license is suspended, revoked, or canceled in any state.
(5) A CDL or CDIP may not be issued to a person until the person has surrendered all
license certificates the person holds to the division for cancellation.
Legislative Review Note
 as of 11-20-14 3:12 PM
Office of Legislative Research and General Counsel