Utah Code 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 — Reinstate…
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:
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
Cancellation: means the termination by the division of a license issued through error or fraud or for which consent under Section 53-3-211 has been withdrawn. See Utah Code 53-3-102
driver: includes any person who is required to hold a CDL under 4, or federal law. See Utah Code 53-3-102
Driving privilege card: means the evidence of the privilege granted and issued under this chapter to drive a motor vehicle to a person whose privilege was obtained without providing evidence of lawful presence in the United States. See Utah Code 53-3-102
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Extension: means a renewal completed in a manner specified by the division. See Utah Code 53-3-102
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Identification card: means a card issued under 8, to a person for identification purposes. See Utah Code 53-3-102
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
License: means the privilege to drive a motor vehicle. See Utah Code 53-3-102
License certificate: means the evidence of the privilege issued under this chapter to drive a motor vehicle. See Utah Code 53-3-102
Limited-term license certificate: means the evidence of the privilege granted and issued under this chapter to drive a motor vehicle to a person whose privilege was obtained providing evidence of lawful presence in the United States with one of the document requirements described in Subsection 53-3-205(8)(a)(ii)(B). See Utah Code 53-3-102
Motorcycle: means every motor vehicle, other than a tractor, having a seat or saddle for the use of the rider and designed to travel with not more than three wheels in contact with the ground. See Utah Code 53-3-102
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
Regular license certificate: means the evidence of the privilege issued under this chapter to drive a motor vehicle whose privilege was obtained by providing evidence of lawful presence in the United States with one of the document requirements described in Subsection 53-3-205(8)(a)(ii)(A). See Utah Code 53-3-102
Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
Renewal: means to validate a license certificate so that it expires at a later date. See Utah Code 53-3-102
Resident: means an individual who:
(i)
has established a domicile in this state, as defined in Section 41-1a-202, or regardless of domicile, remains in this state for an aggregate period of six months or more during any calendar year;
(ii)
engages in a trade, profession, or occupation in this state, or who accepts employment in other than seasonal work in this state, and who does not commute into the state;
(iii)
declares himself to be a resident of this state by obtaining a valid Utah driver license certificate or motor vehicle registration; or
(iv)
declares himself a resident of this state to obtain privileges not ordinarily extended to nonresidents, including going to school, or placing children in school without paying nonresident tuition or fees. See Utah Code 53-3-102
Revocation: means the termination by action of the division of a licensee's privilege to drive a motor vehicle. See Utah Code 53-3-102
Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
Suspension: means the temporary withdrawal by action of the division of a licensee's privilege to drive a motor vehicle. See Utah Code 53-3-102
Taxicab: means any class D motor vehicle transporting any number of passengers for hire and that is subject to state or federal regulation as a taxi. See Utah Code 53-3-102
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
Vehicle: means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. See Utah Code 53-1-102
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)
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 StateDepartment 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.
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, or a fingerprint confirmation form described in Subsection 53-3-205.5(1)(a)(ii), 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 3, in compliance with Subsection (15);
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
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 26B-8-301, 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).
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).
