Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 143 (2021GS)

Sponsor

Rep. Maloy, A.C.

Final action

Governor Signed 3/16/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines a term;
• prohibits the suspension of an individual's driver license by the Driver License Division based solely on the individual's failure to pay certain fines;
• prohibits a court from ordering a driver license suspension or revocation under certain circumstances; and
• makes technical changes.

Every vote on this bill

Bill text

DRIVER LICENSE SUSPENSION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: A. Cory Maloy
Senate Sponsor: 
Michael S. Kennedy
LONG TITLE
General Description:
This bill amends provisions related to suspension of an individual's driver license.
Highlighted Provisions:
This bill:
▸ defines a term;
▸ prohibits the suspension of an individual's driver license by the Driver License
Division based solely on the individual's failure to pay certain fines;
▸ prohibits a court from ordering a driver license suspension or revocation under
certain circumstances; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
41-6a-509
, as last amended by Laws of Utah 2020, Chapter 177
41-6a-517
, as last amended by Laws of Utah 2020, Chapter 12
41-6a-1715
, as last amended by Laws of Utah 2014, Chapter 416
53-3-102
, as last amended by Laws of Utah 2019, Chapters 426 and 459
53-3-218
, as last amended by Laws of Utah 2018, Chapter 121
53-3-221
, as last amended by Laws of Utah 2015, Chapter 52
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
41-6a-509
 is amended to read:
41-6a-509.
Driver license suspension or revocation for a driving under the
influence violation.
(1) The Driver License Division shall, if the person is 21 years of age or older at the
time of arrest:
(a) suspend for a period of 120 days the operator's license of a person convicted for the
first time under Section 
41-6a-502
; or
(b) revoke for a period of two years the license of a person if:
(i) the person has a prior conviction as defined under Subsection 
41-6a-501
(2); and
(ii) the current violation under Section 
41-6a-502
 is committed within a period of 10
years from the date of the prior violation.
(2) The Driver License Division shall, if the person is 19 years of age or older but
under 21 years of age at the time of arrest:
(a) suspend the person's driver license until the person is 21 years of age or for a period
of one year, whichever is longer, if the person is convicted for the first time of a violation under
Section 
41-6a-502
 of an offense that was committed on or after July 1, 2011;
(b) deny the person's application for a license or learner's permit until the person is 21
years of age or for a period of one year, whichever is longer, if the person:
(i) is convicted for the first time of a violation under Section 
41-6a-502
 of an offense
committed on or after July 1, 2011; and
(ii) has not been issued an operator license;
(c) revoke the person's driver license until the person is 21 years of age or for a period
of two years, whichever is longer, if:
(i) the person has a prior conviction as defined under Subsection 
41-6a-501
(2); and
(ii) the current violation under Section 
41-6a-502
 is committed within a period of 10
years from the date of the prior violation; or
(d) deny the person's application for a license or learner's permit until the person is 21
years of age or for a period of two years, whichever is longer, if:
(i) the person has a prior conviction as defined under Subsection 
41-6a-501
(2);
(ii) the current violation under Section 
41-6a-502
 is committed within a period of 10
years from the date of the prior violation; and
(iii) the person has not been issued an operator license.
(3) The Driver License Division shall, if the person is under 19 years of age at the time
of arrest:
(a) suspend the person's driver license until the person is 21 years of age if the person
is convicted for the first time of a violation under Section 
41-6a-502
;
(b) deny the person's application for a license or learner's permit until the person is 21
years of age if the person:
(i) is convicted for the first time of a violation under Section 
41-6a-502
; and
(ii) has not been issued an operator license;
(c) revoke the person's driver license until the person is 21 years of age if:
(i) the person has a prior conviction as defined under Subsection 
41-6a-501
(2); and
(ii) the current violation under Section 
41-6a-502
 is committed within a period of 10
years from the date of the prior violation; or
(d) deny the person's application for a license or learner's permit until the person is 21
years of age if:
(i) the person has a prior conviction as defined under Subsection 
41-6a-501
(2);
(ii) the current violation under Section 
41-6a-502
 is committed within a period of 10
years from the date of the prior violation; and
(iii) the person has not been issued an operator license.
(4) The Driver License Division shall suspend or revoke the license of a person as
ordered by the court under Subsection (9).
(5) The Driver License Division shall subtract from any suspension or revocation
period the number of days for which a license was previously suspended under Section
53-3-223
 or 
53-3-231
, if the previous suspension was based on the same occurrence upon
which the record of conviction is based.
(6) If a conviction recorded as impaired driving is amended to a driving under the
influence conviction under Section 
41-6a-502
 in accordance with Subsection
41-6a-502.5
(3)(a)(ii), the Driver License Division:
(a) may not subtract from any suspension or revocation any time for which a license
was previously suspended or revoked under Section 
53-3-223
 or 
53-3-231
; and
(b) shall start the suspension or revocation time under Subsection (1) on the date of the
amended conviction.
(7) A court that reported a conviction of a violation of Section 
41-6a-502
 for a
violation that occurred on or after July 1, 2009, to the Driver License Division may shorten the
suspension period imposed under Subsection (2)(a) or (b) or Subsection (3)(a) or (b) prior to
completion of the suspension period if the person:
(a) completes at least six months of the license suspension;
(b) completes a screening;
(c) completes an assessment, if it is found appropriate by a screening under Subsection
(7)(b);
(d) completes substance abuse treatment if it is found appropriate by the assessment
under Subsection (7)(c);
(e) completes an educational series if substance abuse treatment is not required by an
assessment under Subsection (7)(c) or the court does not order substance abuse treatment;
(f) has not been convicted of a violation of any motor vehicle law in which the person
was involved as the operator of the vehicle during the suspension period imposed under
Subsection (2)(a) or (b) or Subsection (3)(a) or (b);
(g) has complied with all the terms of the person's probation or all orders of the court if
not ordered to probation; and
(h) (i) is 18 years of age or older and provides a sworn statement to the court that the
person has not unlawfully consumed alcohol during the suspension period imposed under
Subsection (2)(a) or (b) or Subsection (3)(a) or (b); or
(ii) is under 18 years of age and has the person's parent or legal guardian provide an
affidavit or sworn statement to the court certifying that to the parent or legal guardian's
knowledge the person has not unlawfully consumed alcohol during the suspension period
imposed under Subsection (2)(a) or (b) or Subsection (3)(a) or (b).
(8) If the court shortens a person's license suspension period in accordance with the
requirements of Subsection (7), the court shall forward the order shortening the person's
suspension period prior to the completion of the suspension period imposed under Subsection
(2)(a) or (b) or Subsection (3)(a) or (b) to the Driver License Division.
(9) (a) (i) In addition to any other penalties provided in this section, a court may order
the operator's license of a person who is convicted of a violation of Section 
41-6a-502
 to be
suspended or revoked for an additional period of 90 days, 120 days, 180 days, one year, or two
years to remove from the highways those persons who have shown they are safety hazards.
(ii) The additional suspension or revocation period provided in this Subsection (9) shall
begin the date on which the individual would be eligible to reinstate the individual's driving
privilege for a violation of Section 
41-6a-502
.
(b) If the court suspends or revokes the person's license under this Subsection (9), the
court shall prepare and send to the Driver License Division an order to suspend or revoke that
person's driving privileges for a specified period of time.
(10) (a) The court shall notify the Driver License Division if a person fails to[
: (i)
]
complete all court ordered:
[
(A) screening;
]
[
(B) assessment;
]
(i) screenings;
(ii) assessments;
[
(C)
] 
(iii)
 educational series;
[
(D)
] 
(iv)
 substance abuse treatment; and
[
(E)
] 
(v)
 hours of work in a compensatory-service work program[
; or
]
.
[
(ii) pay all fines and fees, including fees for restitution and treatment costs.
]
(b) [
Upon
] 
Subject to Subsection 
53-3-218
(3), upon
 receiving the notification
described in Subsection (10)(a), the division shall suspend the person's driving privilege in
accordance with [
Subsections 
53-3-221
(2) and (3)
] 
Subsection 
53-3-221
(2)
.
(11) (a) A court that reported a conviction of a violation of Section 
41-6a-502
 to the
Driver License Division may shorten the suspension period imposed under Subsection (1)
before completion of the suspension period if the person is participating in or has successfully
completed a 24-7 sobriety program as defined in Section 
41-6a-515.5
.
(b) If the court shortens a person's license suspension period in accordance with the
requirements of this Subsection (11), the court shall forward to the Driver License Division the
order shortening the person's suspension period.
(c) The court shall notify the Driver License Division if a person fails to complete all
requirements of a 24-7 sobriety program.
(d) [
Upon
] 
Subject to Subsection 
53-3-218
(3), upon
 receiving the notification
described in Subsection (11)(c), the division shall suspend the person's driving privilege in
accordance with [
Subsections 
53-3-221
(2) and (3)
] 
Subsection 
53-3-221
(2)
.
Section 2. Section 
41-6a-517
 is amended to read:
41-6a-517.
Definitions -- Driving with any measurable controlled substance in the
body -- Penalties -- Arrest without warrant.
(1) As used in this section:
(a) "Controlled substance" means the same as that term is defined in Section 
58-37-2
.
(b) "Practitioner" means the same as that term is defined in Section 
58-37-2
.
(c) "Prescribe" means the same as that term is defined in Section 
58-37-2
.
(d) "Prescription" means the same as that term is defined in Section 
58-37-2
.
(2) (a) Except as provided in Subsection (2)(b), in cases not amounting to a violation of
Section 
41-6a-502
, a person may not operate or be in actual physical control of a motor vehicle
within this state if the person has any measurable controlled substance or metabolite of a
controlled substance in the person's body.
(b) Subsection (2)(a) does not apply to a person that has
11-nor-9-carboxy-tetrahydrocannabinol as the only controlled substance present in the person's
body.
(3) It is an affirmative defense to prosecution under this section that the controlled
substance was:
(a) involuntarily ingested by the accused;
(b) prescribed by a practitioner for use by the accused;
(c) cannabis in a medicinal dosage form or a cannabis product in a medicinal dosage
form that the accused ingested in accordance with Title 26, Chapter 61a, Utah Medical
Cannabis Act; or
(d) otherwise legally ingested.
(4) (a) A person convicted of a violation of Subsection (2) is guilty of a class B
misdemeanor.
(b) A person who violates this section is subject to conviction and sentencing under
both this section and any applicable offense under Section 
58-37-8
.
(5) A peace officer may, without a warrant, arrest a person for a violation of this
section when the officer has probable cause to believe the violation has occurred, although not
in the officer's presence, and if the officer has probable cause to believe that the violation was
committed by the person.
(6) The Driver License Division shall, if the person is 21 years of age or older on the
date of arrest:
(a) suspend, for a period of 120 days, the driver license of a person convicted under
Subsection (2) of an offense committed on or after July 1, 2009; or
(b) revoke, for a period of two years, the driver license of a person if:
(i) the person has a prior conviction as defined under Subsection 
41-6a-501
(2); and
(ii) the current violation under Subsection (2) is committed on or after July 1, 2009,
and within a period of 10 years after the date of the prior violation.
(7) The Driver License Division shall, if the person is 19 years of age or older but
under 21 years of age on the date of arrest:
(a) suspend, until the person is 21 years of age or for a period of one year, whichever is
longer, the driver license of a person convicted under Subsection (2) of an offense committed
on or after July 1, 2011; or
(b) revoke, until the person is 21 years of age or for a period of two years, whichever is
longer, the driver license of a person if:
(i) the person has a prior conviction as defined under Subsection 
41-6a-501
(2); and
(ii) the current violation under Subsection (2) is committed on or after July 1, 2009,
and within a period of 10 years after the date of the prior violation.
(8) The Driver License Division shall, if the person is under 19 years of age on the date
of arrest:
(a) suspend, until the person is 21 years of age, the driver license of a person convicted
under Subsection (2) of an offense committed on or after July 1, 2009; or
(b) revoke, until the person is 21 years of age, the driver license of a person if:
(i) the person has a prior conviction as defined under Subsection 
41-6a-501
(2); and
(ii) the current violation under Subsection (2) is committed on or after July 1, 2009,
and within a period of 10 years after the date of the prior violation.
(9) The Driver License Division shall subtract from any suspension or revocation
period the number of days for which a license was previously suspended under Section
53-3-223
 or 
53-3-231
, if the previous suspension was based on the same occurrence upon
which the record of conviction is based.
(10) The Driver License Division shall:
(a) deny, suspend, or revoke a person's license for the denial and suspension periods in
effect prior to July 1, 2009, for a conviction of a violation under Subsection (2) that was
committed prior to July 1, 2009; or
(b) deny, suspend, or revoke the operator's license of a person for the denial,
suspension, or revocation periods in effect from July 1, 2009, through June 30, 2011, if:
(i) the person was 20 years of age or older but under 21 years of age at the time of
arrest; and
(ii) the conviction under Subsection (2) is for an offense that was committed on or after
July 1, 2009, and prior to July 1, 2011.
(11) A court that reported a conviction of a violation of this section for a violation that
occurred on or after July 1, 2009, to the Driver License Division may shorten the suspension
period imposed under Subsection (7)(a) or (8)(a) prior to completion of the suspension period
if the person:
(a) completes at least six months of the license suspension;
(b) completes a screening;
(c) completes an assessment, if it is found appropriate by a screening under Subsection
(11)(b);
(d) completes substance abuse treatment if it is found appropriate by the assessment
under Subsection (11)(c);
(e) completes an educational series if substance abuse treatment is not required by the
assessment under Subsection (11)(c) or the court does not order substance abuse treatment;
(f) has not been convicted of a violation of any motor vehicle law in which the person
was involved as the operator of the vehicle during the suspension period imposed under
Subsection (7)(a) or (8)(a);
(g) has complied with all the terms of the person's probation or all orders of the court if
not ordered to probation; and
(h) (i) is 18 years of age or older and provides a sworn statement to the court that the
person has not consumed a controlled substance not prescribed by a practitioner for use by the
person or unlawfully consumed alcohol during the suspension period imposed under
Subsection (7)(a) or (8)(a); or
(ii) is under 18 years of age and has the person's parent or legal guardian provide an
affidavit or other sworn statement to the court certifying that to the parent or legal guardian's
knowledge the person has not consumed a controlled substance not prescribed by a practitioner
for use by the person or unlawfully consumed alcohol during the suspension period imposed
under Subsection (7)(a) or (8)(a).
(12) If the court shortens a person's license suspension period in accordance with the
requirements of Subsection (11), the court shall forward the order shortening the person's
license suspension period prior to the completion of the suspension period imposed under
Subsection (7)(a) or (8)(a) to the Driver License Division.
(13) (a) The court shall notify the Driver License Division if a person fails to[
: (i) 
]
complete all court ordered screening and assessment, educational series, and substance abuse
treatment[
; or
]
.
[
(ii) pay all fines and fees, including fees for restitution and treatment costs.
]
(b) [
Upon
] 
Subject to Subsection 
53-3-218
(3), upon
 receiving the notification, the
division shall suspend the person's driving privilege in accordance with [
Subsections
53-3-221
(2) and (3)
] 
Subsection 
53-3-221
(2)
.
(14) The court:
(a) shall order supervised probation in accordance with Section 
41-6a-507
 for a person
convicted under Subsection (2); and
(b) may order a person convicted under Subsection (2) to participate in a 24-7 sobriety
program as defined in Section 
41-6a-515.5
 if the person is 21 years of age or older.
(15) (a) A court that reported a conviction of a violation of this section to the Driver
License Division may shorten the suspension period imposed under Subsection (6) before
completion of the suspension period if the person is participating in or has successfully
completed a 24-7 sobriety program as defined in Section 
41-6a-515.5
.
(b) If the court shortens a person's license suspension period in accordance with the
requirements of this Subsection (15), the court shall forward to the Driver License Division the
order shortening the person's suspension period.
(c) The court shall notify the Driver License Division if a person fails to complete all
requirements of a 24-7 sobriety program.
(d) [
Upon
] 
Subject to Subsection 
53-3-218
(3), upon
 receiving the notification
described in Subsection (15)(c), the division shall suspend the person's driving privilege in
accordance with [
Subsections 
53-3-221
(2) and (3)
] 
Subsection 
53-3-221
(2)
.
Section 3. Section 
41-6a-1715
 is amended to read:
41-6a-1715.
Careless driving defined and prohibited.
(1) A person operating a motor vehicle is guilty of careless driving if the person:
(a) commits two or more moving traffic violations under this chapter in a series of acts
within a single continuous period of driving covering three miles or less in total distance; or
(b) commits a moving traffic violation under this chapter other than a moving traffic
violation under Part 6, Speed Restrictions, while being distracted by one or more activities
taking place within the vehicle that are not related to the operation of a motor vehicle,
including:
(i) searching for an item in the vehicle; or
(ii) attending to personal hygiene or grooming.
(2) A violation of this section is a class C misdemeanor.
(3) In addition to the penalty provided under this section or any other section, a judge
may order the revocation of the convicted person's driver license if the violation causes or
results in the death of another person in accordance with Subsection [
53-3-218
(6)
]
53-3-218
(7)
.
Section 4. Section 
53-3-102
 is amended to read:
53-3-102.
Definitions.
As used in this chapter:
(1) "Autocycle" means a motor vehicle that:
(a) is designed to travel with three or fewer wheels in contact with the ground;
(b) is equipped with a steering wheel; and
(c) is equipped with seating that does not require the operator to straddle or sit astride
the vehicle.
(2) "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.
(3) "Class D license" means the class of license issued to drive motor vehicles not
defined as commercial motor vehicles or motorcycles under this chapter.
(4) "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.
(5) "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).
(6) (a) "Commercial driver license motor vehicle record" or "CDL MVR" means a
driving record that:
(i) applies to a person who holds or is required to hold a commercial driver instruction
permit or a CDL license; and
(ii) contains the following:
(A) information contained in the driver history, including convictions, pleas 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;
(B) driver self-certification status information under Section 
53-3-410.1
; and
(C) information from medical certification record keeping in accordance with 49
C.F.R. Sec. 383.73(o).
(b) "Commercial driver license motor vehicle record" or "CDL MVR" does not mean a
motor vehicle record described in Subsection (30).
(7) (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;
(iv) recreational vehicles that are not used in commerce and are driven solely as family
or personal conveyances for recreational purposes; and
(v) vehicles used to provide transportation network services, as defined in Section
13-51-102
.
(8) "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.
(9) "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.
(10) "Director" means the division director appointed under Section 
53-3-103
.
(11) "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.
(12) "Division" means the Driver License Division of the department created in
Section 
53-3-103
.
(13) "Downgrade" means to obtain a lower license class than what was originally
issued during an existing license cycle.
(14) "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.
(15) (a) "Driver" means an individual 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, Uniform Commercial Driver License Act, or
federal law.
(16) "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.
(17) "Electronic license certificate" means the evidence, in an electronic format as
described in Section 
53-3-235
, of a privilege granted under this chapter to drive a motor
vehicle.
(18) "Extension" means a renewal completed in a manner specified by the division.
(19) "Farm tractor" means every motor vehicle designed and used primarily as a farm
implement for drawing plows, mowing machines, and other implements of husbandry.
(20) "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.
(21) "Human driver" means the same as that term is defined in Section 
41-26-102.1
.
(22) "Identification card" means a card issued under Part 8, Identification Card Act, to
a person for identification purposes.
(23) "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.
(24) "License" means the privilege to drive a motor vehicle.
(25) (a) "License certificate" means the evidence of the privilege issued under this
chapter to drive a motor vehicle.
(b) "License certificate" evidence includes:
(i) a regular license certificate;
(ii) a limited-term license certificate;
(iii) a driving privilege card;
(iv) a CDL license certificate;
(v) a limited-term CDL license certificate;
(vi) a temporary regular license certificate;
(vii) a temporary limited-term license certificate; and
(viii) an electronic license certificate created in Section 
53-3-235
.
(26) "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. No.
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).
(27) "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).
(28) "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).
(29) "Motor vehicle" means the same as that term is defined in Section 
41-1a-102
.
(30) "Motor vehicle record" or "MVR" means a driving record under Subsection
53-3-109
(6)(a).
(31) "Motorboat" means the same as that term is defined in Section 
73-18-2
.
(32) "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.
(33) "Office of Recovery Services" means the Office of Recovery Services, created in
Section 
62A-11-102
.
(34) "Operate" means the same as that term is defined in Section 
41-1a-102
.
(35) (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.
(36) "Penalty accounts receivable" means a fine, restitution, forfeiture, fee, surcharge,
or other financial penalty imposed on an individual by a court or other government entity.
[
(36)
] 
(37)
 (a) "Private passenger carrier" means any motor vehicle for hire that is:
(i) designed to transport 15 or fewer passengers, including the driver; and
(ii) operated to transport an employee of the person that hires the motor vehicle.
(b) "Private passenger carrier" does not include:
(i) a taxicab;
(ii) a motor vehicle driven by a transportation network driver as defined in Section
13-51-102
;
(iii) a motor vehicle driven for transportation network services as defined in Section
13-51-102
; and
(iv) a motor vehicle driven for a transportation network company as defined in Section
13-51-102
 and registered with the Division of Consumer Protection as described in Section
13-51-104
.
[
(37)
] 
(38)
 "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).
[
(38)
] 
(39)
 "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).
[
(39)
] 
(40)
 "Renewal" means to validate a license certificate so that it expires at a later
date.
[
(40)
] 
(41)
 "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
.
[
(41)
] 
(42)
 (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 [
(41)
] 
(42)
(b)(i) through (iii).
[
(42)
] 
(43)
 "Revocation" means the termination by action of the division of a licensee's
privilege to drive a motor vehicle.
[
(43)
] 
(44)
 (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
.
[
(44)
] 
(45)
 "Suspension" means the temporary withdrawal by action of the division of a
licensee's privilege to drive a motor vehicle.
[
(45)
] 
(46)
 "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 5. Section 
53-3-218
 is amended to read:
53-3-218.
Court to report convictions and may recommend suspension of license
-- Severity of speeding violation defined.
(1) As used in this section, "conviction" means conviction by the court of first
impression or final administrative determination in an administrative traffic proceeding.
(2) (a) Except as provided in Subsection (2)(c), a court having jurisdiction over
offenses committed under this chapter or any other law of this state, or under any municipal
ordinance regulating driving motor vehicles on highways or driving motorboats on the water,
shall forward to the division within five days, an abstract of the court record of the conviction
or plea held in abeyance of any person in the court for a reportable traffic or motorboating
violation of any laws or ordinances, and may recommend the suspension of the license of the
person convicted.
(b) When the division receives a court record of a conviction or plea in abeyance for a
motorboat violation, the division may only take action against a person's driver license if the
motorboat violation is for a violation of Title 41, Chapter 6a, Part 5, Driving Under the
Influence and Reckless Driving.
(c) A court may not forward to the division an abstract of a court record of a conviction
for a violation described in Subsection 
53-3-220
(1)(c)(i) or (ii), unless the court found that the
person convicted of the violation was an operator of a motor vehicle at the time of the
violation.
(3) (a) A court may not order the division to suspend a person's driver license based
solely on the person's failure to pay a penalty accounts receivable.
(b) The court may notify the division, and the division may, prior to sentencing,
suspend the driver license of a person who fails to appear if the person is charged with:
(i) an offense of any level that is a moving traffic violation;
(ii) an offense described in Title 41, Chapter 12a, Part 3, Owner's or Operator's
Security Requirement; or
(iii) an offense described in Subsection 
53-3-220
(1)(a) or (b).
[
(3)
] 
(4)
 The abstract shall be made in the form prescribed by the division and shall
include:
(a) the name, date of birth, and address of the party charged;
(b) the license certificate number of the party charged, if any;
(c) the registration number of the motor vehicle or motorboat involved;
(d) whether the motor vehicle was a commercial motor vehicle;
(e) whether the motor vehicle carried hazardous materials;
(f) whether the motor vehicle carried 16 or more occupants;
(g) whether the driver presented a commercial driver license;
(h) the nature of the offense;
(i) whether the offense involved an accident;
(j) the driver's blood alcohol content, if applicable;
(k) if the offense involved a speeding violation:
(i) the posted speed limit;
(ii) the actual speed; and
(iii) whether the speeding violation occurred on a highway that is part of the interstate
system as defined in Section 
72-1-102
;
(l) the date of the hearing;
(m) the plea;
(n) the judgment or whether bail was forfeited; and
(o) the severity of the violation, which shall be graded by the court as "minimum,"
"intermediate," or "maximum" as established in accordance with Subsection 
53-3-221
(4).
[
(4)
] 
(5)
 When a convicted person secures a judgment of acquittal or reversal in any
appellate court after conviction in the court of first impression, the division shall reinstate the
convicted person's license immediately upon receipt of a certified copy of the judgment of
acquittal or reversal.
[
(5)
] 
(6)
 Upon a conviction for a violation of the prohibition on using a handheld
wireless communication device for text messaging or electronic mail communication while
operating a moving motor vehicle under Section 
41-6a-1716
, a judge may order a suspension
of the convicted person's license for a period of three months.
[
(6)
] 
(7)
 Upon a conviction for a violation of careless driving under Section
41-6a-1715
 that causes or results in the death of another person, a judge may order a revocation
of the convicted person's license for a period of one year.
Section 6. 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.
]
(2) (a) (i) Except as provided in Subsection 
53-3-218
(3), and subject to Subsection
(2)(a)(ii), the division may suspend a license of a person under Subsection (1):
(A) when the person has failed to comply with the terms stated on a traffic citation
issued in this state;
(B) when the person has failed to successfully complete a 24-7 sobriety program as
defined in Section 
41-6a-515.5
; or
(C) if the division receives a notification from a court as described in Subsection
41-6a-509
(11)(d) or 
41-6a-517
(13)(b).
(ii) This Subsection (2) does not apply to highway weight limit violations or violations
of law governing the transportation of hazardous materials.
[
(c)
] 
(b)
 (i) This Subsection (2) may not be exercised unless notice of the pending
suspension of the driving privilege has been sent at least [
] 
 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.
]
(3) Except as provided in Subsection 
53-3-218
(3), the division may not revoke, deny,
suspend, or disqualify an individual's driver license based solely on:
(a) the individual's failure to appear;
(b) the individual's failure to pay an outstanding penalty accounts receivable; or
(c) the issuance of a bench warrant as a result of an event described in Subsection
(3)(a) or (b).
(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.