53-3-414. CDL disqualification or suspension — Grounds and duration — Procedure.
(1)
Terms Used In Utah Code 53-3-414
Alcohol: means any substance containing any form of alcohol, including ethanol, methanol, propanol, and isopropanol. See Utah Code 53-3-402
Arrest: Taking physical custody of a person by lawful authority.
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by the division of a license issued through error or fraud or for which consent under Section 53-3-211 has been withdrawn.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
CDL: means a license:
(a)
issued substantially in accordance with the requirements of Title XII, Pub. See Utah Code 53-3-102
CDLIS: means the information system established under Title XII, Pub. See Utah Code 53-3-402
Commercial motor vehicle: means a motor vehicle or combination of motor vehicles designed or used to transport passengers or property if the motor vehicle:
(i)
has a gross vehicle weight rating or gross vehicle weight of 26,001 or more pounds, or gross combination weight rating or gross combination weight of 26,001 or more pounds or a lesser rating as determined by federal regulation;
(ii)
is designed to transport 16 or more passengers, including the driver; or
(iii)
is transporting hazardous materials and is required to be placarded in accordance with 49 C. See Utah Code 53-3-102
Controlled substance: means any substance so classified under Section 102(6) of the Controlled Substance Act, 21 U. See Utah Code 53-3-402
Conviction: A judgement of guilt against a criminal defendant.
Conviction: means any of the following:
(a)
an unvacated adjudication of guilt or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or an administrative proceeding;
(b)
an unvacated forfeiture of bail or collateral deposited to secure a person's appearance in court;
(c)
a plea of guilty or nolo contendere accepted by the court;
(d)
the payment of a fine or court costs; or
(e)
violation of a condition of release without bail, regardless of whether the penalty is rebated, suspended, or probated. See Utah Code 53-3-102
Division: means the Driver License Division of the department created in Section 53-3-103. 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
Felony: means any offense under state or federal law that is punishable by death or imprisonment for a term of more than one year. See Utah Code 53-3-402
Fraud: Intentional deception resulting in injury to another.
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. See Utah Code 53-3-402
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
Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
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
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. See Utah Code 53-3-402
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
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
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)
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)
personal injury in accordance with Section 41-6a-401.3;
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 manslaughter under Section 76-5-205, negligent homicide under Section 76-5-206, or negligently operating a vehicle resulting in death 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)
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:
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. § 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
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 StatesDepartment of Transportation under 49 C.F.R. § 383.52 for posing an imminent hazard.
Amended by Chapter 46, 2022 General Session Amended by Chapter 116, 2022 General Session
