Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 132 (2016GS)

Sponsor

Sen. Van Tassell, K.

Final action

Governor Signed 3/22/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• modifies provisions relating to the disclosure of driving records, temporary licenses, the term of a commercial driving instruction permit, application information, and medical certification requirements; and
• makes technical changes.

Every vote on this bill

Bill text

COMMERCIAL DRIVER LICENSE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kevin T. Van Tassell
House Sponsor: 
Don L. Ipson
LONG TITLE
General Description:
This bill modifies disclosure and application provisions for commercial driver licenses.
Highlighted Provisions:
This bill:
▸ modifies provisions relating to the disclosure of driving records, temporary licenses,
the term of a commercial driving instruction permit, application information, and
medical certification requirements; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53-3-109
, as last amended by Laws of Utah 2015, Chapter 52
53-3-205
, as last amended by Laws of Utah 2015, Chapter 422
53-3-408
, as last amended by Laws of Utah 2015, Chapter 422
53-3-410
, as last amended by Laws of Utah 2011, Chapters 190 and 415
53-3-410.1
, as last amended by Laws of Utah 2015, Chapter 52
Be it enacted by the Legislature of the state of Utah:
Section 1. 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) 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.
]
:
(A) driving status;
(B) license class;
(C) medical self-certification status; or
(D) medical examiner's certificate under 49 C.F.R. Sec. 391.45.
(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 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) 
both
 a commercial driver instruction permit 
and a temporary license permit for the
license class held before the applicant submits the application
 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 
53-3-408
 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;
(b) holds a valid license;
(c) has at least one year of driving experience; and
(d) has passed the vision and knowledge test for the class of license for which the
person is applying.
(2) [
A CDIP may be:
] 
The division may issue a CDIP only for a period not to exceed
days.
[
(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 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.
Section 4. Section 
53-3-410
 is amended to read:
53-3-410.
Applicant information required for CDIP and CDL -- State resident to
have state CDL.
(1) The application for a CDL, limited-term CDL, or CDIP shall include the following
information regarding the applicant:
(a) full legal name;
(b) current mailing address;
(c) Utah residential address, unless the application is for a temporary CDL issued under
Subsection 
53-3-407
(2)(b);
(d) physical description, including sex, height, weight, and eye color;
(e) date of birth;
(f) documentary evidence of the applicant's valid Social Security number;
(g) a complete list of all states in which the applicant was issued a driver license in the
previous 10 years[
;
] 
upon:
(i) initial issuance of a Utah license;
(ii) renewal of a CDL for the first time after September 30, 2002; or
(iii) transfer of a CDL from another state;
(h) the applicant's signature;
(i) evidence of the applicant's lawful presence in the United States by providing
documentary evidence:
(i) that a person is:
(A) a United States Citizen;
(B) a United States national; or
(C) a legal permanent resident alien; or
(ii) of the applicant's:
(A) unexpired immigrant or nonimmigrant visa status for admission into the United
States;
(B) pending or approved application for asylum in the United States;
(C) admission into the United States as a refugee;
(D) pending or approved application for temporary protected status in the United
States;
(E) approved deferred action status;
(F) pending application for adjustment of status to legal permanent resident or
conditional resident; or
(G) conditional permanent resident alien status; and
(j) beginning on January 30, 2012, a medical certification status.
(2) An application under this section shall also include all certifications required by 49
C.F.R., Part 383.71.
(3) When the holder of a license under this part changes the holder's name, mailing
address, or residence, the holder shall make application for a duplicate license within 30 days
of the change.
(4) A person who has been a resident of this state for 30 consecutive days may not
drive a commercial motor vehicle under the authority of a commercial driver license issued by
another jurisdiction.
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
(12)(a) is required to provide
the division a medical [
self certification
] 
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
(12)(b) is required to provide to the
division a medical [
self certification
] 
self-certification
 upon request by the division;
(c) "non-excepted intrastate" under Subsection 
53-3-402
(12)(c) is required to, upon
request by the division:
(i) provide to the division a medical [
self certification
] 
self-certification
; and
(ii) comply with the requirements of Section 
53-3-303.5
; or
(d) "excepted intrastate" under Subsection 
53-3-402
(12)(b) is required to, upon request
by the division:
(i) provide to the division a medical [
self certification
] 
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
:
(a)
 the expiration of the previously submitted medical examiner's certificate[
.
]
;
(b) the expiration of the previously submitted medical self-certification; or
(c) documentary evidence received by the division under Subsection (1) that indicates
the driver may not be medically qualified to operate a CMV.
(3) (a) Except as provided in Subsection (3)(b), if the division determines that a person
is no longer medically qualified to operate a CMV, the person shall be required to downgrade
the person's CDL to a class D license.
(b) If the division determines that a person is incompetent to drive a motor vehicle or
has a mental or physical disability rendering the person unable to safely drive a motor vehicle
upon the highways, the division shall deny the person's driving privileges as described in
Section 
53-3-221
.
[
(3)
] 
(4)
 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)
] 
(5)
 Failure to comply with the requirement of this section shall result in the denial
of the license under Section 
53-3-221
.