Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 68 (2022GS)

Sponsor

Rep. Burton, J.

Final action

Governor Signed 3/21/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• amends provisions related to a medical examiner's certificate or medical self certification for a commercial driver license;
• amends provisions related to disqualification of a commercial driver for certain offenses related to trafficking of persons;
• amends provisions related to commercial driver licenses to remove references to transition dates that are no longer necessary; and
• makes technical changes.

Every vote on this bill

Bill text

COMMERCIAL DRIVER LICENSE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jefferson S. Burton
Senate Sponsor: 
Scott D. Sandall
LONG TITLE
General Description:
This bill amends provisions related to commercial driver licenses.
Highlighted Provisions:
This bill:
▸ amends provisions related to a medical examiner's certificate or medical self
certification for a commercial driver license;
▸ amends provisions related to disqualification of a commercial driver for certain
offenses related to trafficking of persons;
▸ amends provisions related to commercial driver licenses to remove references to
transition dates that are no longer necessary; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53-3-205
, as last amended by Laws of Utah 2021, Chapters 247 and 284
53-3-407
, as last amended by Laws of Utah 2015, Chapter 422
53-3-410.1
, as last amended by Laws of Utah 2016, Chapter 175
53-3-414
, as last amended by Laws of Utah 2020, Chapter 218
Be it enacted by the Legislature of the state of Utah:
Section 1. 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 an 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 after 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 after 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 for a commercial class A, B, or C license entitles the applicant to:
(a) not more than two attempts to pass a knowledge test when accompanied by the fee
provided in Subsection 
53-3-105
(18);
(b) not more than two attempts to pass a skills test when accompanied by a fee in
Subsection 
53-3-105
(19) within six months after the date of application;
(c) 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
(d) 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 after 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
] 
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
(19).
(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 out-of-state resident 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) (i) Except as provided under Subsections (7)(a)(ii), (f), and (g), an original class
D license expires on the birth date of the applicant in the eighth year after the year the license
certificate was issued.
(ii) An original provisional class D license expires on the birth date of the applicant in
the fifth year following the year the license certificate was issued.
(iii) Except as provided in Subsection (7)(f), a limited term class D license expires on
the birth date of the applicant in the fifth year the license certificate was issued.
(b) Except as provided under Subsections (7)(f) and (g), a renewal or an extension to a
license expires on the birth date of the licensee in the eighth year after 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 an endorsement to the regular license certificate
held by an individual described in Subsection (7)(e)(ii), that expires during the time period the
individual is stationed outside of the state, is valid until 90 days after the individual's orders are
terminated, the individual is discharged, or the individual's assignment is 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 an individual:
(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 an individual 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 an individual 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 fifth
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.
(8) (a) In addition to the information required by Title 63G, Chapter 4, Administrative
Procedures Act, for requests for agency action, an applicant shall:
(i) provide:
(A) the applicant's full legal name;
(B) the applicant's birth date;
(C) the applicant's sex;
(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 an individual 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
applicant 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 the applicant 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 a license suspended, cancelled, revoked,
disqualified, or denied in the last 10 years, or whether the applicant has ever had a 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 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) Unless the applicant provides acceptable verification of homelessness as described
in rules made by the division, an applicant shall have a Utah residence address, unless the
application is for a temporary CDL issued under Subsection 
53-3-407
(2)(b).
(c) An 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 the division's 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 an applicant's name, birth date, 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 is treated as an original application; and
(ii) license and endorsement fees is 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
(25) 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
(25) if a
duplicate license is issued under Subsection (10)(c)(i).
(11) (a) When an application is received from an applicant 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 is accompanied by the additional
fee or fees specified in Section 
53-3-105
.
(13) An individual 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) An applicant who applies for an original license or renewal of a license agrees that
the individual's license is subject to a suspension or revocation authorized under this title or
Title 41, Motor Vehicles.
(15) (a) A licensee shall authenticate the indication of intent under Subsection
(8)(a)(vi) 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 applicants 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 applicants who indicate their status as a veteran under
Subsection (8)(a)(viii).
(17) Notwithstanding Title 63G, Chapter 2, Government Records Access and
Management Act, the division shall, upon request, release to the Sex and Kidnap Offender
Registry office in the Department of Corrections, the names and addresses of all applicants
who, under Subsection (8)(a)(vii), indicate they are required to register as a sex offender in
accordance with Title 77, Chapter 41, Sex and Kidnap Offender Registry.
(18) 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.
(19) An applicant who knowingly fails to provide the information required under
Subsection (8)(a)(vii) is guilty of a class A misdemeanor.
(20) A person may not hold both an unexpired Utah license certificate and an
unexpired identification card.
(21) (a) An applicant 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 applicant:
(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 an individual 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 an individual 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 2. 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)(iii) [
or
(2)(c)(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 [
Subsections (2)(c) and (d)
] 
Subsection (2)(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;
(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
(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.
[
(c) (i) Until June 30, 2015, a temporary CDL may be issued to 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)(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)(c) in the same way as a commercial driver license issued under
this part.
]
[
(d)
] 
(c)
 The department shall waive [
the skills test
] 
any tests
 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.
[
(e)
] 
(d)
 An applicant who requests a waiver under Subsection [
(2)(d)
] 
(2)(c)
 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
] 
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.
(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
.
(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.
(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 3. 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 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 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; 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; 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
] 
to provide a
:
[
(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.
]
(a) medical examiner's certificate, shall correspond with:
(i) the initial application for a CDL or CDIP;
(ii) the transfer of a CDL from another jurisdiction to Utah;
(iii) the expiration of the previously submitted medical examiner's certificate; or
(iv) documentary evidence received by the division under Subsection (1) that indicates
the driver may not be medically qualified to operate a CMV; or
(b) medical self-certification, shall correspond with:
(i) the initial application for a CDL or CDIP;
(ii) the transfer of a CDL from another jurisdiction to Utah;
(iii) the renewal of a CDL or CDIP;
(iv) the upgrade of a commercial license class; or
(v) 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
.
(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.
(5) Failure to comply with the requirement of this section shall result in the denial of
the license under Section 
53-3-221
.
Section 4. Section 
53-3-414
 is amended to read:
53-3-414.
CDL disqualification or suspension -- Grounds and duration --
Procedure.
(1) (a) An individual who holds or is required to hold a CDL is disqualified from
driving a commercial motor vehicle for a period of not less than one year effective seven days
from the date of notice to the driver if convicted of a first offense of:
(i) driving a motor vehicle while under the influence of alcohol, drugs, a controlled
substance, or more than one of these;
(ii) driving a commercial motor vehicle while the concentration of alcohol in the
person's blood, breath, or urine is .04 grams or more;
(iii) leaving the scene of an accident involving a motor vehicle the person was driving;
(iv) failing to provide reasonable assistance or identification when involved in an
accident resulting in:
[
(A) death in accordance with Section 
41-6a-401.5
; or
]
[
(B)
] 
(A)
 personal injury in accordance with Section 
41-6a-401.3
;
(B) death in accordance with Section 
41-6a-401.5
; or
(v) using a motor vehicle in the commission of a felony;
(vi) refusal to submit to a test to determine the concentration of alcohol in the person's
blood, breath, or urine;
(vii) driving a commercial motor vehicle while the person's commercial driver license
is disqualified in accordance with the provisions of this section for violating an offense
described in this section; or
(viii) operating a commercial motor vehicle in a negligent manner causing the death of
another including the offenses of [
automobile homicide under Section 
76-5-207
, manslaughter
under Section 
76-5-205
, or negligent homicide under Section 
76-5-206
] 
manslaughter under
Section 
76-5-205
, negligent homicide under Section 
76-5-206
, or Section 
76-5-207
.
(b) The division shall subtract from any disqualification period under Subsection
(1)(a)(i) the number of days for which a license was previously disqualified under Subsection
(1)(a)(ii) or (14) if the previous disqualification was based on the same occurrence upon which
the record of conviction is based.
(2) If any of the violations under Subsection (1) occur while the driver is transporting a
hazardous material required to be placarded, the driver is disqualified for not less than three
years.
(3) (a) Except as provided under Subsection (4), a driver of a motor vehicle who holds
or is required to hold a CDL is disqualified for life from driving a commercial motor vehicle if
convicted of or administrative action is taken for two or more of any of the offenses under
Subsection (1), (5), or (14) arising from two or more separate incidents.
(b) Subsection (3)(a) applies only to those offenses committed after July 1, 1989.
(4) (a) Any driver disqualified for life from driving a commercial motor vehicle under
this section may apply to the division for reinstatement of the driver's CDL if the driver:
(i) has both voluntarily enrolled in and successfully completed an appropriate
rehabilitation program that:
(A) meets the standards of the division; and
(B) complies with 49 C.F.R. Sec. 383.51;
(ii) has served a minimum disqualification period of 10 years; and
(iii) has fully met the standards for reinstatement of commercial motor vehicle driving
privileges established by rule of the division.
(b) If a reinstated driver is subsequently convicted of another disqualifying offense
under this section, the driver is permanently disqualified for life and is ineligible to again apply
for a reduction of the lifetime disqualification.
(5) A driver of a motor vehicle who holds or is required to hold a CDL is disqualified
for life from driving a commercial motor vehicle if the driver uses a motor vehicle in the
commission of any felony involving
:
(a)
 the manufacturing, distributing, or dispensing of a controlled substance, or
possession with intent to manufacture, distribute, or dispense a controlled substance and is
ineligible to apply for a reduction of the lifetime disqualification under Subsection (4)[
.
]
; or
(b) an act or practice of severe forms of trafficking in persons as defined and described
in 22 U.S.C. Sec. 7102(11).
(6) (a) Subject to Subsection (6)(b), a driver of a commercial motor vehicle who holds
or is required to hold a CDL is disqualified for not less than:
(i) 60 days from driving a commercial motor vehicle if the driver is convicted of two
serious traffic violations; and
(ii) 120 days if the driver is convicted of three or more serious traffic violations.
(b) The disqualifications under Subsection (6)(a) are effective only if the serious traffic
violations:
(i) occur within three years of each other;
(ii) arise from separate incidents; and
(iii) involve the use or operation of a commercial motor vehicle.
(c) If a driver of a commercial motor vehicle who holds or is required to hold a CDL is
disqualified from driving a commercial motor vehicle and the division receives notice of a
subsequent conviction for a serious traffic violation that results in an additional disqualification
period under this Subsection (6), the subsequent disqualification period is effective beginning
on the ending date of the current serious traffic violation disqualification period.
(7) (a) A driver of a commercial motor vehicle who is convicted of violating an
out-of-service order while driving a commercial motor vehicle is disqualified from driving a
commercial motor vehicle for a period not less than:
(i) 180 days if the driver is convicted of a first violation;
(ii) two years if, during any 10 year period, the driver is convicted of two violations of
out-of-service orders in separate incidents;
(iii) three years but not more than five years if, during any 10 year period, the driver is
convicted of three or more violations of out-of-service orders in separate incidents;
(iv) 180 days but not more than two years if the driver is convicted of a first violation
of an out-of-service order while transporting hazardous materials required to be placarded or
while operating a motor vehicle designed to transport 16 or more passengers, including the
driver; or
(v) three years but not more than five years if, during any 10 year period, the driver is
convicted of two or more violations, in separate incidents, of an out-of-service order while
transporting hazardous materials required to be placarded or while operating a motor vehicle
designed to transport 16 or more passengers, including the driver.
(b) A driver of a commercial motor vehicle who is convicted of a first violation of an
out-of-service order is subject to a civil penalty of not less than $2,500.
(c) A driver of a commercial motor vehicle who is convicted of a second or subsequent
violation of an out-of-service order is subject to a civil penalty of not less than $5,000.
(8) A driver of a commercial motor vehicle who holds or is required to hold a CDL is
disqualified for not less than 60 days if the division determines, in its check of the driver's
driver license status, application, and record prior to issuing a CDL or at any time after the
CDL is issued, that the driver has falsified information required to apply for a CDL in this
state.
(9) A driver of a commercial motor vehicle who is convicted of violating a
railroad-highway grade crossing provision under Section 
41-6a-1205
, while driving a
commercial motor vehicle is disqualified from driving a commercial motor vehicle for a period
not less than:
(a) 60 days if the driver is convicted of a first violation;
(b) 120 days if, during any three-year period, the driver is convicted of a second
violation in separate incidents; or
(c) one year if, during any three-year period, the driver is convicted of three or more
violations in separate incidents.
(10) (a) The division shall update its records and notify the CDLIS within 10 days of
suspending, revoking, disqualifying, denying, or cancelling a CDL to reflect the action taken.
(b) When the division suspends, revokes, cancels, or disqualifies a nonresident CDL,
the division shall notify the licensing authority of the issuing state or other jurisdiction and the
CDLIS within 10 days after the action is taken.
(c) When the division suspends, revokes, cancels, or disqualifies a CDL issued by this
state, the division shall notify the CDLIS within 10 days after the action is taken.
(11) (a) The division may immediately suspend or disqualify the CDL of a driver
without a hearing or receiving a record of the driver's conviction when the division has reason
to believe that the:
(i) CDL was issued by the division through error or fraud;
(ii) applicant provided incorrect or incomplete information to the division;
(iii) applicant cheated on any part of a CDL examination;
(iv) driver no longer meets the fitness standards required to obtain a CDL; or
(v) driver poses an imminent hazard.
(b) Suspension of a CDL under this Subsection (11) shall be in accordance with
Section 
53-3-221
.
(c) If a hearing is held under Section 
53-3-221
, the division shall then rescind the
suspension order or cancel the CDL.
(12) (a) Subject to Subsection (12)(b), a driver of a motor vehicle who holds or is
required to hold a CDL is disqualified for not less than:
(i) 60 days from driving a commercial motor vehicle if the driver is convicted of two
serious traffic violations; and
(ii) 120 days if the driver is convicted of three or more serious traffic violations.
(b) The disqualifications under Subsection (12)(a) are effective only if the serious
traffic violations:
(i) occur within three years of each other;
(ii) arise from separate incidents; and
(iii) result in a denial, suspension, cancellation, or revocation of the non-CDL driving
privilege from at least one of the violations.
(c) If a driver of a motor vehicle who holds or is required to hold a CDL is disqualified
from driving a commercial motor vehicle and the division receives notice of a subsequent
conviction for a serious traffic violation that results in an additional disqualification period
under this Subsection (12), the subsequent disqualification period is effective beginning on the
ending date of the current serious traffic violation disqualification period.
(13) (a) Upon receiving a notice that a person has entered into a plea of guilty or no
contest to a violation of a disqualifying offense described in this section which plea is held in
abeyance pursuant to a plea in abeyance agreement, the division shall disqualify, suspend,
cancel, or revoke the person's CDL for the period required under this section for a conviction of
that disqualifying offense, even if the charge has been subsequently reduced or dismissed in
accordance with the plea in abeyance agreement.
(b) The division shall report the plea in abeyance to the CDLIS within 10 days of
taking the action under Subsection (13)(a).
(c) A plea which is held in abeyance may not be removed from a person's driving
record for 10 years from the date of the plea in abeyance agreement, even if the charge is:
(i) reduced or dismissed in accordance with the plea in abeyance agreement; or
(ii) expunged under Title 77, Chapter 40, Utah Expungement Act.
(14) The division shall disqualify the CDL of a driver for an arrest of a violation of
Section 
41-6a-502
 when administrative action is taken against the operator's driving privilege
pursuant to Section 
53-3-223
 for a period of:
(a) one year; or
(b) three years if the violation occurred while transporting hazardous materials.
(15) The division may concurrently impose any disqualification periods that arise
under this section while a driver is disqualified by the Secretary of the United States
Department of Transportation under 49 C.F.R. Sec. 383.52 for posing an imminent hazard.