Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 535 (2025GS)

Sponsor

Rep. Pierucci, Candice B.

Final action

House/ filed 3/7/2025

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• requires a CDL applicant to sign a form attesting to the applicant's English language ability; and
• requires reporting regarding CDL driver training schools.

Every vote on this bill

Bill text

5
53-3-407
53-3-407.1
0
Driver Training Schools for Commercial Driver License Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Candice B. Pierucci
Senate Sponsor: 
LONG TITLE
General Description:
This bill addresses driver training schools for commercial driver license applicants.
Highlighted Provisions:
This bill:
requires a training school for commercial driver license applicants (CDL driver training 
school) to be licensed;
requires the Driver License Division to inspect CDL driver training schools; and
requires data reporting regarding CDL driver training schools.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53-3-407
, as last amended by Laws of Utah 2022, Chapter 46
53-3-407.1
, as enacted by Laws of Utah 2013, Chapter 411
Be it enacted by the Legislature of the state of Utah:
Section 1, 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)
(5)(a)(iii)
.
(b)
A CDL driver training school may charge a consideration or tuition for the services 
provided under Subsection 
(1)(a)
.
(2)
A CDL driver training school that operates in Utah shall be licensed by the division on 
or before July 1, 2026.
(3)
(a)
An applicant for a CDL driver training school license shall:
(i)
submit an application in a form prescribed by the division; and
(ii)
pass an inspection by the division of the CDL driver training school facilities.
(b)
A CDL driver training school license shall expire 24 months after being issued.
(c)
A CDL driver training school license renewal shall include an inspection of the CDL 
driver training school facilities by the division.
(4)
A CDL driver training school shall confirm that a student driver meets eligibility 
requirements for a commercial driver license under state and federal law, including the 
ability to speak English, prior to enrolling the student driver.
(2)
(5)
(a)
Except as provided in Subsection 
(2)(c)
(5)(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)
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)
The department shall waive 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.
(d)
An applicant who requests a waiver under Subsection 
(2)(c)
(5)(c)
 shall present a 
completed application for a military skills test waiver at the time of the request.
(3)
(6)
Tests required under this section shall be prescribed and administered by the 
division.
(4)
(7)
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)
(8)
(a)
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)
(9)
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)
(10)
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)
(11)
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 2, Section 
53-3-407.1
 is amended to read:
53-3-407.1. Commercial driver license third party tester or third party examiner 
license -- Fingerprint background check required.
(1)
A commercial driver license third party tester or commercial driver license third party 
examiner shall be licensed by the division to be eligible to administer the commercial 
driver license skills tests.
(2)
(a)
An applicant for a commercial driver license third party tester or third party 
examiner license shall submit fingerprints in a form acceptable to the division at the 
time the license application is filed and shall consent to a fingerprint background 
check by the Utah Bureau of Criminal Identification and the Federal Bureau of 
Investigation regarding the application.
(b)
The division shall request the Department of Public Safety to complete a Federal 
Bureau of Investigation criminal background check for each commercial driver 
license third party tester or third party examiner applicant through the national 
criminal history system or any successor system.
(c)
The Utah Bureau of Criminal Identification shall release to the division all 
information received in response to the division's request under this Subsection 
(2)
.
(d)
A commercial driver license third party tester or third party examiner license may 
not be issued under this section until the criminal background check required under 
this Subsection 
(2)
 has been completed and reviewed by the division.
(e)
In addition to any fees imposed under this chapter, the division shall:
(i)
impose on individuals submitting fingerprints in accordance with this Subsection 
(2)
 the fees that the Bureau of Criminal Identification is authorized to collect for 
the services the Bureau of Criminal Identification provides under this section; and
(ii)
remit the fees collected under this Subsection 
(2)(e)
 to the Bureau of Criminal 
Identification.
(3)
In accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, the 
division shall make rules establishing:
(a)
minimum standards for a commercial driver license third party tester or third party 
examiner license;
(b)
procedures for an applicant to apply for a commercial driver license third party tester 
or third party examiner license;
(c)
minimum standards for the commercial driver license skills test;
 and
(d)
procedures to enable a licensed commercial driver license third party tester or 
commercial driver license third party examiner to administer or process a commercial 
driver license skills test for an applicant to receive a commercial driver license
.
; and
(e)
procedures for a commercial driver license third party tester or third party examiner 
to:
(i)
collect and report the name of a CDL driver training school that a CDL applicant 
used, if applicable, to the division; and
(ii)
report data regarding CDL applicant passage rates to the division.
Section 3. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
2-20-25 12:10 PM