Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 59 (2025GS)

Sponsor

Sen. Ipson, Don L.

Final action

Governor Signed 3/25/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• amends provisions relating to disqualification of a commercial driver license;
• requires the Driver License Division to utilize the Drug and Alcohol Clearinghouse as required by federal law; and
• amends definitions.

Every vote on this bill

Bill text

8
53-3-221
53-3-223
53-3-402
53-3-409
53-3-414
0
Commercial Driver License Revisions
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Don L. Ipson
House Sponsor: Steve Eliason
LONG TITLE
General Description:
This bill addresses procedures relating to commercial driver licenses.
Highlighted Provisions:
This bill:
amends provisions relating to disqualification of a commercial driver license;
requires the Driver License Division to utilize the Drug and Alcohol Clearinghouse as 
required by federal law; and
amends definitions.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53-3-221
, as last amended by Laws of Utah 2021, Chapter 120 and last amended by 
Coordination Clause, Laws of Utah 2021, Chapters 83, 157
53-3-223
, as last amended by Laws of Utah 2024, Chapter 106
53-3-402
, as last amended by Laws of Utah 2022, Chapter 426
53-3-414
, as last amended by Laws of Utah 2024, Chapters 153, 194
ENACTS:
53-3-409
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, 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
individual
 without receiving a record of the 
person's
individual's
 conviction of crime 
when the division has been notified or has reason to believe the 
person
individual
:
(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
individual
, 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
individual
 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
individuals
 on the highways.
(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
an individual
 under 
Subsection 
(1)
:
(A)
when the 
person
individual
 has failed to comply with the terms stated on a 
traffic citation issued in this state; or
(B)
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.
(b)
(i)
This Subsection 
(2)
 may not be exercised unless notice of the pending 
suspension of the driving privilege has been sent at least 30 days previously to the 
person
individual
 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)
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
an individual'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
individual
 convicted of a traffic violation shall have assessed against 
the 
person's
individual's
 driving record the number of points that the division has 
assigned to the type of violation of which the 
person
individual
 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
an individual'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
an individual
 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
individual
 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
an 
individual
:
(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
the 
individual
 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
an individual'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
individual'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
an individual's
 license under this 
Subsection 
(6)
, the division shall, upon application, issue a temporary limited 
driver license to the 
person
individual
 if that 
person
individual
 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
individual
 may operate a motor vehicle only for 
the purpose of driving to or from the 
person's
individual's
 place of 
employment, education, or child visitation;
(B)
shall prohibit the 
person
individual
 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
individual
 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 
an individual 
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
an 
individual
 under this Subsection 
(6)(d)
 if there are other legal grounds for the 
suspension of the 
person's
individual'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
individual
 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
individual
 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
individual'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
individual
 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
an individual
 under Subsection 
(2)
until the 
person
individual
 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
individual
 without receiving 
a record of the 
person's
individual's
 conviction for a crime when the division has 
reason to believe that the 
person's
individual'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
the licensee
 to submit to 
an examination.
(b)
Upon the conclusion of the examination the division may suspend or revoke the 
person's
individual's
 license, permit 
him
the individual
 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
an individual
 if it has reason to 
believe that the 
person
individual
 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
individuals
 whose driving privileges are suspended under 
this Subsection 
(13)
.
(14)
The division may deny an individual's license if the 
person
individual
 fails to comply 
with the requirement to downgrade the 
person's
individual's
 CDL to a class D license 
under Section
53-3-409
 or
53-3-410.1
.
(15)
The division may deny 
a person's
an individual's
 class A, B, C, or D license if the 
person
individual
 fails to comply with the requirement to have a K restriction removed 
from the 
person's
individual's
 license.
(16)
Any suspension or revocation of 
a person's
an individual's
 license under this section 
also disqualifies any license issued to that 
person
individual
 under 
Part 4, Uniform 
Commercial Driver License Act
.
Section 2, Section 
53-3-223
 is amended to read:
53-3-223
. Chemical test for driving under the influence -- Temporary license -- 
Hearing and decision -- Suspension and fee -- Judicial review.
(1)
(a)
If a peace officer has reasonable grounds to believe that 
a person
an individual
may be violating or has violated Section 
41-6a-502
, 
41-6a-517
, 
76-5-102.1
, or 
76-5-207
, the peace officer may, in connection with arresting the 
person
individual
, 
request that the 
person
individual
 submit to a chemical test or tests to be 
administered in compliance with the standards under Section 
41-6a-520
.
(b)
In this section, a reference to Section 
41-6a-502
 includes any similar local ordinance 
adopted in compliance with Subsection 
41-6a-510
(1).
(2)
The peace officer shall advise 
a person
an individual
 prior to the 
person's
individual's
submission to a chemical test that a test result indicating a violation of Section 
41-6a-502
, 
41-6a-517
, 
76-5-102.1
, or 
76-5-207
 shall, and the existence of a blood alcohol content 
sufficient to render the 
person
individual
 incapable of safely driving a motor vehicle 
may, result in suspension or revocation of the 
person's
individual's
 license to drive a 
motor vehicle.
(3)
If the 
person
individual
 submits to a chemical test and the test results indicate a blood 
or breath alcohol content in violation of Section 
41-6a-502
, 
41-6a-517
, 
76-5-102.1
, or 
76-5-207
, or if a peace officer makes a determination, based on reasonable grounds, that 
the 
person
individual
 is otherwise in violation of Section 
41-6a-502
, 
76-5-102.1
, or 
76-5-207
, a peace officer shall, on behalf of the division and within 24 hours of arrest, 
give notice of the division's intention to suspend the 
person's
individual's
 license to 
drive a motor vehicle.
(4)
When a peace officer gives notice on behalf of the division, the peace officer shall 
supply to the driver, in a manner specified by the division, basic information regarding 
how to obtain a prompt hearing before the division.
(5)
As a matter of procedure, a peace officer shall send to the division within 10 calendar 
days after the day on which notice is provided:
(a)
a copy of the citation issued for the offense;
(b)
a signed report in a manner specified by the division indicating the chemical test 
results, if any; and
(c)
any other basis for the peace officer's determination that the 
person
individual
 has 
violated Section 
41-6a-502
, 
41-6a-517
, 
76-5-102.1
, or 
76-5-207
.
(6)
(a)
Upon request in a manner specified by the division, the division shall grant to the 
person
individual
 an opportunity to be heard within 29 days after the date of arrest. 
The request to be heard shall be made within 10 calendar days of the day on which 
notice is provided under Subsection (5).
(b)
(i)
Except as provided in Subsection (6)(b)(ii), a hearing, if held, shall be before 
the division in:
(A)
the county in which the arrest occurred; or
(B)
a county that is adjacent to the county in which the arrest occurred.
(ii)
The division may hold a hearing in some other county if the division and the 
person
individual
 both agree.
(c)
The hearing shall be documented and shall cover the issues of:
(i)
whether a peace officer had reasonable grounds to believe the 
person
individual
was driving a motor vehicle in violation of Section 
41-6a-502
, 
41-6a-517
, 
76-5-102.1
, or 
76-5-207
;
(ii)
whether the 
person
individual
 refused to submit to the test; and
(iii)
the test results, if any.
(d)
(i)
In connection with a hearing the division or its authorized agent:
(A)
may administer oaths and may issue subpoenas for the attendance of witnesses 
and the production of relevant books and papers; or
(B)
may issue subpoenas for the attendance of necessary peace officers.
(ii)
The division shall pay witness fees and mileage from the Transportation Fund in 
accordance with the rates established in Section 
78B-1-119
.
(e)
The division may designate one or more employees to conduct the hearing.
(f)
Any decision made after a hearing before any designated employee is as valid as if 
made by the division.
(7)
(a)
If, after a hearing, the division determines that a peace officer had reasonable 
grounds to believe that the 
person
individual
 was driving a motor vehicle in 
violation of Section 
41-6a-502
, 
41-6a-517
, 
76-5-102.1
, or 
76-5-207
, if the 
person
individual
 failed to appear before the division as required in the notice, or if a hearing 
is not requested under this section, the division shall:
(i)
if the 
person
individual
 is 21 years old or older at the time of arrest, suspend the 
person's
individual's
 license or permit to operate a motor vehicle for a period of:
(A)
120 days beginning on the 45th day after the date of arrest for a first 
suspension; or
(B)
two years beginning on the 45th day after the date of arrest for a second or 
subsequent suspension for an offense that occurred within the previous 10 
years; or
(ii)
if the 
person
individual
 is under 21 years old at the time of arrest:
(A)
suspend the 
person's
individual's
 license or permit to operate a motor vehicle:
(I)
for a period of six months, beginning on the 45th day after the date of arrest 
for a first suspension; or
(II)
until the 
person
individual
 is 21 years old or for a period of two years, 
whichever is longer, beginning on the 45th day after the date of arrest for a 
second or subsequent suspension for an offense that occurred within the 
previous 10 years; or
(B)
deny the 
person's
individual's
 application for a license or learner's permit:
(I)
for a period of six months beginning on the 45th day after the date of the 
arrest for a first suspension, if the 
person
individual
 has not been issued an 
operator license; or
(II)
until the 
person
individual
 is 21 years old or for a period of two years, 
whichever is longer, beginning on the 45th day after the date of arrest for a 
second or subsequent suspension for an offense that occurred within the 
previous 10 years.
(b)
(i)
Notwithstanding the provisions in Subsection (7)(a)(i)(A), the division shall 
reinstate 
a person's
an individual's
 license prior to completion of the 120 day 
suspension period imposed under Subsection (7)(a)(i)(A):
(A)
immediately upon receiving written verification of the 
person's
individual's
dismissal of a charge for a violation of Section 
41-6a-502
, 
41-6a-517
, 
76-5-102.1
, or 
76-5-207
, if the written verification is received prior to 
completion of the suspension period; or
(B)
no sooner than 60 days beginning on the 45th day after the date of arrest upon 
receiving written verification of the 
person's
individual's
 reduction of a charge 
for a violation of Section 
41-6a-502
, 
41-6a-517
, 
76-5-102.1
, or 
76-5-207
, if the 
written verification is received prior to completion of the suspension period.
(ii)
Notwithstanding the provisions in Subsection (7)(a)(i)(A), the division shall 
reinstate 
a person's
an individual's
 license prior to completion of the 120-day 
suspension period imposed under Subsection (7)(a)(i)(A) immediately upon 
receiving written verification of the 
person's
individual's
 conviction of impaired 
driving under Section 
41-6a-502.5
 if:
(A)
the written verification is received prior to completion of the suspension 
period; and
(B)
the reporting court notifies the Driver License Division that the defendant is 
participating in or has successfully completed the program of a driving under 
the influence court as defined in Section 
41-6a-501
.
(iii)
If 
a person's
an individual's
 license is reinstated under this Subsection (7)(b), the 
person
individual
 is required to pay the license reinstatement application fees 
under Subsections 
53-3-105
(26) and (27).
(iv)
The driver license reinstatements authorized under this Subsection (7)(b) only 
apply to a 120-day suspension period imposed under Subsection (7)(a)(i)(A).
(v)
A driver license reinstatement authorized under this Subsection 
(7)
(b) does not 
apply to a CDL disqualification imposed under Section 
53-3-414
.
(8)
(a)
The division shall assess against 
a person
an individual
, in addition to any fee 
imposed under Subsection 
53-3-205
(12) for driving under the influence, a fee under 
Section 
53-3-105
 to cover administrative costs, which shall be paid before the 
person's
individual's
 driving privilege is reinstated. This fee shall be cancelled if the 
person
individual
 obtains an unappealed division hearing or court decision that the 
suspension was not proper.
(b)
A person 
An individual 
whose license has been suspended by the division under 
this section following an administrative hearing may file a petition within 30 days 
after the suspension for a hearing on the matter which, if held, is governed by Section 
53-3-224
.
(9)
(a)
Notwithstanding the provisions in Subsection (7)(a)(i), the division shall reinstate 
a person's
an individual's
 license before completion of the suspension period imposed 
under Subsection (7)(a)(i) if:
(i)
(A)
the reporting court notifies the Driver License Division that the 
person
individual
 is participating in or has successfully completed a 24-7 sobriety 
program as defined in Section 
41-6a-515.5
; or
(B)
the reporting court notifies the Driver License Division that the 
person
individual
 is participating in or has successfully completed a problem solving 
court program approved by the Judicial Council, including a driving under the 
influence court program or a drug court program, and has elected to become an 
interlock restricted driver as a condition of probation during the remainder of 
the 
person's
individual's
 suspension period in accordance with Section 
41-6a-518
; and
(ii)
the 
person
individual
 has a valid driving privilege, with the exception of the 
suspension under Subsection (7)(a)(i).
(b)
If 
a person's
an individual's
 license is reinstated under Subsection (9)(a), the 
person
individual
 is required to pay the license reinstatement application fees under 
Subsections 
53-3-105
(26) and (27).
(10)
(a)
If the division suspends 
a person's
an individual's
 license for an alcohol related 
offense under Subsection (7)(a)(i)(A), the 
person
individual
 may petition the 
division and elect to become an ignition interlock restricted driver if the 
person
individual
:
(i)
has a valid driving privilege, with the exception of the suspension under 
Subsection (7)(a)(i)(A);
(ii)
installs an ignition interlock device in any vehicle owned or driven by the 
person
individual
 in accordance with Section 
53-3-1007
; and
(iii)
pays the license reinstatement application fees described in Subsections 
53-3-105
(26) and (27).
(b)
(i)
The 
person
individual
 shall remain an ignition interlock restricted driver for a 
period of 120 days from the original effective date of the suspension under 
Subsection (7)(a)(i)(A). 
(ii)
If the 
person
individual
 removes an ignition interlock device from a vehicle 
owned or driven by the 
person
individual
 prior to the expiration of the 120-day 
ignition interlock restriction period and does not install a new ignition interlock 
device from the same or a different provider within 24 hours:
(A)
the 
person's
individual's
 driver license shall be suspended under Subsection 
(7)(a)(i)(A) for the remainder of the 120-day ignition interlock restriction 
period;
(B)
the 
person
individual
 is required to pay the license reinstatement application 
fee under Subsection 
53-3-105
(26); and
(C)
the 
person
individual
 may not elect to become an ignition interlock restricted 
driver under this section.
(c)
If 
a person
an individual
 elects to become an ignition interlock restricted driver 
under Subsection (10)(a), the provisions under Subsection (7)(b) do not apply.
(11)
(a)
If the division suspends 
a person's
an individual's
 license for an alcohol related 
offense under Subsection (7)(a)(i)(B), the 
person
individual
 may petition the 
division and elect to become an ignition interlock restricted driver after the driver 
serves at least 90 days of the suspension if the 
person
individual
:
(i)
was charged with a violation of Section 
41-6a-502
 that is a misdemeanor;
(ii)
has a valid driving privilege, with the exception of the suspension under 
Subsection (7)(a)(i)(B);
(iii)
installs an ignition interlock device in any vehicle owned or driven by the 
person
individual
 in accordance with Section 
53-3-1007
; and
(iv)
pays the license reinstatement application fees described in Subsections 
53-3-105
(26) and (27);
(b)
(i)
The 
person
individual
 shall remain an ignition interlock restricted driver for a 
period of two years from the original effective date of the suspension under 
Subsection (7)(a)(i)(B).
(ii)
If the 
person
individual
 removes an ignition interlock device from a vehicle 
owned or driven by the 
person
individual
 prior to the expiration of the two-year 
ignition interlock restriction period and does not install a new ignition interlock 
device from the same or a different provider within 24 hours:
(A)
the 
person's
individual's
 driver license shall be suspended under Subsection 
(7)(a)(i)(B) for the remainder of the two-year ignition interlock restriction 
period;
(B)
the 
person
individual
 is required to pay the license reinstatement application 
fee under Subsection 
53-3-105
(26); and
(C)
the 
person
individual
 may not elect to become an ignition interlock restricted 
driver under this section.
(c)
Notwithstanding Subsections (11)(a) and (b), if the 
person
individual
 is 
subsequently convicted of the violation of Section 
41-6a-502
 that gave rise to the 
suspension under Subsection (7)(a)(i)(B), the division shall revoke the 
person's
individual's
 license under Subsection 
41-6a-509
(1)(a)(ii), and the 
person
individual
is no longer an ignition interlock restricted driver under this Subsection (11).
(12)
(a)
Notwithstanding the provisions in Subsection (7)(a)(i)(B), the division shall 
reinstate 
a person's
an individual's
 license prior to completion of the two-year 
suspension period imposed under Subsection (7)(a)(i)(B) immediately upon receiving 
written verification of the 
person's
individual's
 dismissal of a charge for a violation 
of Section 
41-6a-502
, 
41-6a-517
, 
76-5-102.1
, or 
76-5-207
, if the written verification 
is received prior to completion of the suspension period.
(b)
If the 
person
individual
 elected to become an ignition interlock restricted driver 
under Subsection (11), and the division receives written verification of the 
person's
individual's
 dismissal of a charge for violation of Section 
41-6a-502
, the driver is no 
longer an ignition interlock restricted driver under Subsection (11)(b)(i), and the 
division shall reinstate the 
person's
individual's
 license prior to the completion of the 
two-year ignition interlock restriction period under Subsection (11)(b)(i).
Section 3, Section 
53-3-402
 is amended to read:
53-3-402
. Definitions.
As used in this part:
(1)
"Alcohol" means any substance containing any form of alcohol, including ethanol, 
methanol, propanol, and isopropanol.
(2)
"Alcohol concentration" means the number of grams of alcohol per:
(a)
100 milliliters of blood;
(b)
210 liters of breath; or
(c)
67 milliliters of urine.
(3)
"Commercial driver license information system" or "CDLIS" means the information 
system established under Title XII, Pub. L. 99-570, the Commercial Motor Vehicle 
Safety Act of 1986, as a clearinghouse for information related to the licensing and 
identification of commercial motor vehicle drivers.
(4)
"Controlled substance" means any substance so classified under Section 102(6) of the 
Controlled Substance Act, 21 U.S.C. 802(6), and includes all substances listed on the 
current Schedules I through V of 21 C.F.R., Part 1308 as they may be revised from time 
to time.
(5)
"Drug and Alcohol Clearinghouse" means the database established under 49 C.F.R. Sec. 
382, that requires an employer and service agent to report information to and to query 
regarding a driver who is subject to the United States Department of Transportation 
controlled substance and alcohol testing regulations.
(5)
(6)
"Employee" means any driver of a commercial motor vehicle, including:
(a)
full-time, regularly employed drivers;
(b)
casual, intermittent, or occasional drivers;
(c)
leased drivers; and
(d)
independent, owner-operator contractors while in the course of driving a commercial 
motor vehicle who are either directly employed by or under lease to an employer.
(6)
(7)
"Employer" means any individual or person including the United States, a state, or 
a political subdivision of a state, who owns or leases a commercial motor vehicle, or 
assigns an individual to drive a commercial motor vehicle.
(7)
(8)
"Felony" means any offense under state or federal law that is punishable by death 
or imprisonment for a term of more than one year.
(8)
(9)
"Foreign jurisdiction" means any jurisdiction other than the United States or a state 
of the United States.
(9)
(10)
"Gross vehicle weight rating" or "GVWR" means the value specified by the 
manufacturer as the maximum loaded weight of a single vehicle or GVWR of a 
combination or articulated vehicle, and includes the GVWR of the power unit plus the 
total weight of all towed units and the loads on those units.
(10)
(11)
"Hazardous material" has the same meaning as defined under 49 C.F.R. Sec. 
383.5.
(11)
(12)
"Imminent hazard" means the existence of a condition, practice, or violation that 
presents a substantial likelihood that death, serious illness, severe personal injury, or a 
substantial endangerment to health, property, or the environment is expected to occur 
immediately, or before the condition, practice, or violation can be abated.
(12)
(13)
"Medical certification status" means the medical certification of a commercial 
driver license holder or commercial motor vehicle operator in any of the following 
categories:
(a)
Non-excepted interstate. 
A person
An individual
 shall certify that the 
person
individual
:
(i)
operates or expects to operate in interstate commerce;
(ii)
is both subject to and meets the qualification requirements under 49 C.F.R. 
Part 
391
; and
(iii)
is required to obtain a medical examiner's certificate under 49 C.F.R. Sec. 391.45.
(b)
Excepted interstate. 
A person
An individual
 shall certify that the 
person
individual
:
(i)
operates or expects to operate in interstate commerce, but engages exclusively in 
transportation or operations excepted under 49 C.F.R. Sec. 390.3(f), 391.2, 
391.68, or 398.3 from all or parts of the qualification requirements of 49 C.F.R. 
Part 391
; and
(ii)
is not required to obtain a medical examiner's certificate under 49 C.F.R. Sec. 
391.45.
(c)
Non-excepted intrastate. 
A person
An individual
 shall certify that the 
person
individual
:
(i)
operates only in intrastate commerce; and
(ii)
is subject to state driver qualification requirements under Sections 
53-3-303.5
, 
53-3-304
, and 
53-3-414
.
(d)
Excepted intrastate. 
A person
An individual
 shall certify that the 
person
individual
:
(i)
operates in intrastate commerce; and
(ii)
engages exclusively in transportation or operations excepted from all parts of the 
state driver qualification requirements.
(13)
(14)
"NDR" means the National Driver Register.
(14)
(15)
"Nonresident CDL" means a commercial driver license issued by a state to an 
individual who resides in a foreign jurisdiction.
(15)
(16)
"Out-of-service order" means a temporary prohibition against driving a 
commercial motor vehicle.
(16)
(17)
"Port-of-entry agent" has the same meaning as provided in Section 
72-1-102
.
(17)
(18)
"Serious traffic violation" means a conviction of any of the following:
(a)
speeding 15 or more miles per hour above the posted speed limit;
(b)
reckless driving as defined by state or local law;
(c)
improper or erratic traffic lane changes;
(d)
following the vehicle ahead too closely;
(e)
any other motor vehicle traffic law which arises in connection with a fatal traffic 
accident;
(f)
operating a commercial motor vehicle without a CDL or a CDIP;
(g)
operating a commercial motor vehicle without the proper class of CDL or CDL 
endorsement for the type of vehicle group being operated or for the passengers or 
cargo being transported;
(h)
operating a commercial motor vehicle without a CDL or CDIP license certificate in 
the driver's possession in violation of Section 
53-3-404
;
(i)
using a wireless communication device in violation of Section 
41-6a-1716
 while 
operating a commercial motor vehicle; or
(j)
using a hand-held mobile telephone while operating a commercial motor vehicle in 
violation of 49 C.F.R. Sec. 392.82.
(18)
(19)
"State" means a state of the United States, the District of Columbia, any province 
or territory of Canada, or Mexico.
(19)
(20)
"United States" means the 50 states and the District of Columbia.
Section 4, Section 
53-3-409
 is enacted to read:
53-3-409
. Drug and Alcohol Clearinghouse.
(1)
The division shall query the Drug and Alcohol Clearinghouse before:
(a)
issuing an original CDL or CDIP;
(b)
renewing a CDL or CDIP;
(c)
issuing a duplicate CDL or CDIP;
(d)
upgrading a CDL or CDIP; or
(e)
transferring a CDL or CDIP from another jurisdiction.
(2)
Upon receipt of information from the Drug and Alcohol Clearinghouse that an applicant 
is prohibited from operating a commercial motor vehicle, the division shall deny the:
(a)
issuance of an original CDL or CDIP;
(b)
renewal of a CDL or CDIP;
(c)
issuance of a duplicate CDL or CDIP;
(d)
upgrade of a CDL or CDIP; or
(e)
transfer of a CDL or CDIP.
(3)
If the division determines that an individual who holds a CDL or CDIP is prohibited 
from operating a commercial motor vehicle under this part or 49 C.F.R. Sec. 382.501, 
the individual shall be required to downgrade the CDL or CDIP to a class D license.
(4)
If the division receives notification pursuant to 49 C.F.R. Sec. 382.503 that the 
individual is no longer prohibited from operating a commercial motor vehicle, the 
division may terminate the downgrade process.
(5)
A reinstatement to a CDL or CDIP after downgrade to a class D license may be 
completed if:
(a)
the division receives notification pursuant to 49 C.F.R. Sec. 382.503 that the 
individual is no longer prohibited from operating a commercial motor vehicle; or
(b)
the division receives notification that the individual was erroneously identified as 
prohibited from operating a commercial motor vehicle.
(6)
If the division receives a notification described in Subsection 
(5)(b)
, the division shall:
(a)
reinstate the CDL or CDIP privilege as expeditiously as possible; and
(b)
remove any reference to the prohibited status from the CDLIS record and motor 
vehicle record.
(7)
Failure to comply with the requirements of this section shall result in the denial of the 
license under Section 
53-3-221
.
Section 5, 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
 impaired or
 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
individual's
 blood, breath, or urine is .04 grams or more;
(iii)
leaving the scene of an accident involving a motor vehicle the 
person
individual
was driving;
(iv)
failing to provide reasonable assistance or identification when involved in an 
accident resulting in:
(A)
personal injury in accordance with Section 
41-6a-401.3
;
 or
(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
individual's
 blood, breath, or urine;
(vii)
driving a commercial motor vehicle while the 
person's
individual'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 manslaughter under Section 
76-5-205
, 
negligent homicide under Section 
76-5-206
, or automobile homicide under 
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)
An individual who is convicted of or administrative action is taken for an offense 
under Subsection 
(5)
:
(i)
is disqualified for life from driving a commercial motor vehicle; and
(ii)
may not be reinstated under Subsection 
(4)
.
(b)
(c)
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
an individual
 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
individual'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
an 
individual'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 40a, Expungement of Criminal Records.
(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.
Section 6. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-7-25 10:32 PM