53-3-410.  Applicant information required for CDIP and CDLState resident to have state CDL.

(1)  The application for a CDL, limited-term CDL, or CDIP shall include the following information regarding the applicant:

Terms Used In Utah Code 53-3-410

  • CDIP: means a commercial learner permit:
(a) issued under Section 53-3-408; or
(b) issued by a state or other jurisdiction of domicile in compliance with the standards contained in 49 C. See Utah Code 53-3-102
  • CDL: means a license:
    (a) issued substantially in accordance with the requirements of Title XII, Pub. See Utah Code 53-3-102
  • Drive: means :
    (a) to operate or be in physical control of a motor vehicle upon a highway; and
    (b) in Subsections 53-3-414(1) through (3), Subsection 53-3-414(5), and Sections 53-3-417 and 53-3-418, the operation or physical control of a motor vehicle at any place within the state. 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
  • 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.
  • 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
  • limited-term CDL: means a license:
    (a) issued substantially in accordance with the requirements of Title XII, Pub. See Utah Code 53-3-102
  • 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. See Utah Code 53-3-402
  • Person: means :Utah Code 68-3-12.5
  • 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
  • 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: means a state of the United States, the District of Columbia, any province or territory of Canada, or Mexico. See Utah Code 53-3-402
  • United States: means the 50 states and the District of Columbia. See Utah Code 53-3-402
  • 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
  • (a)  full legal name;

    (b)  current mailing address;

    (c)  Utah residential address, unless the application is for a temporary CDL issued under Subsection 53-3-407(2)(b);

    (d)  physical description, including sex, height, weight, and eye color;

    (e)  date of birth;

    (f)  documentary evidence of the applicant’s valid Social Security number;

    (g)  a complete list of all states in which the applicant was issued a driver license in the previous 10 years upon:

    (i)  initial issuance of a Utah license;

    (ii)  renewal of a CDL for the first time after September 30, 2002; or

    (iii)  transfer of a CDL from another state;

    (h)  the applicant’s signature;

    (i)  evidence of the applicant’s lawful presence in the United States by providing documentary evidence:

    (i)  that a person is:

    (A)  a United States Citizen;

    (B)  a United States national; or

    (C)  a legal permanent resident alien; or

    (ii)  of the applicant’s:

    (A)  unexpired immigrant or nonimmigrant visa status for admission into the United States;

    (B)  pending or approved application for asylum in the United States;

    (C)  admission into the United States as a refugee;

    (D)  pending or approved application for temporary protected status in the United States;

    (E)  approved deferred action status;

    (F)  pending application for adjustment of status to legal permanent resident or conditional resident; or

    (G)  conditional permanent resident alien status; and

    (j)  beginning on January 30, 2012, a medical certification status.
  • (2)  An application under this section shall also include all certifications required by 49 C.F.R., Part 383.71.

    (3)  When the holder of a license under this part changes the holder’s name, mailing address, or residence, the holder shall make application for a duplicate license within 30 days of the change.

    (4)  A person who has been a resident of this state for 30 consecutive days may not drive a commercial motor vehicle under the authority of a commercial driver license issued by another jurisdiction.

    Amended by Chapter 175, 2016 General Session