53-3-104.  Division duties.
     The division shall:

(1)  in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules:

Terms Used In Utah Code 53-3-104

  • denied: means the withdrawal of a driving privilege by the division to which the provisions of 4, do not apply. See Utah Code 53-3-102
  • Department: means the Department of Public Safety created in Section 53-1-103. See Utah Code 53-1-102
  • 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
  • Identification card: means a card issued under 8, to a person for identification purposes. See Utah Code 53-3-102
  • License: means the privilege to drive a motor vehicle. See Utah Code 53-3-102
  • Motor vehicle: means the same as that term is defined in Section 41-1a-102. 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
  • 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
  • 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
  • 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
  • (a)  for examining applicants for a license, as necessary for the safety and welfare of the traveling public;

    (b)  for acceptable documentation of an applicant’s identity, Social Security number, Utah resident status, Utah residence address, proof of legal presence, proof of citizenship in the United States, honorable or general discharge from the United States military, and other proof or documentation required under this chapter;

    (c)  for acceptable documentation to verify that an individual is homeless as verified by the Department of Workforce Services, for purposes of residency, address verification, and obtaining a fee waiver;

    (d)  regarding the restrictions to be imposed on an individual driving a motor vehicle with a temporary learner permit or learner permit;

    (e)  for exemptions from licensing requirements as authorized in this chapter;

    (f)  establishing procedures for the storage and maintenance of applicant information provided in accordance with Section 53-3-205, 53-3-410, or 53-3-804; and

    (g)  to provide educational information to each applicant for a license, which information shall be based on data provided by the Division of Air Quality, including:

    (i)  ways drivers can improve air quality; and

    (ii)  the harmful effects of vehicle emissions;

    (2)  examine each applicant according to the class of license applied for;

    (3)  license motor vehicle drivers;

    (4)  file every application for a license received by the division and shall maintain indices containing:

    (a)  all applications denied and the reason each was denied;

    (b)  all applications granted; and

    (c)  the name of every licensee whose license has been suspended, disqualified, or revoked by the division and the reasons for the action;

    (5)  suspend, revoke, disqualify, cancel, or deny any license issued in accordance with this chapter;

    (6)  file all accident reports and abstracts of court records of convictions received by the division under state law;

    (7)  maintain a record of each licensee showing the licensee’s convictions and the traffic accidents in which the licensee has been involved where a conviction has resulted;

    (8)  consider the record of a licensee upon an application for renewal of a license and at other appropriate times;

    (9)  search the license files, compile, and furnish a report on the driving record of any individual licensed in the state in accordance with Section 53-3-109;

    (10)  develop and implement a record system as required by Section 41-6a-604;

    (11)  in accordance with Section 53G-10-507, establish:

    (a)  procedures and standards to certify teachers of driver education classes to administer knowledge and skills tests;

    (b)  minimal standards for the tests; and

    (c)  procedures to enable school districts to administer or process any tests for students to receive a class D operator’s license;

    (12)  in accordance with Section 53-3-510, establish:

    (a)  procedures and standards to certify licensed instructors of commercial driver training school courses to administer the skills test;

    (b)  minimal standards for the test; and

    (c)  procedures to enable licensed commercial driver training schools to administer or process skills tests for students to receive a class D operator’s license;

    (13)  provide administrative support to the Driver License Medical Advisory Board created in Section 53-3-303;

    (14)  upon request by the lieutenant governor, provide the lieutenant governor with a digital copy of the driver license or identification card signature of an individual who is an applicant for voter registration under Section 20A-2-206; and

    (15)  in accordance with Section 53-3-407.1, establish:

    (a)  procedures and standards to license a commercial driver license third party tester or commercial driver license third party examiner to administer the commercial driver license skills tests;

    (b)  minimum standards for the commercial driver license skills test; and

    (c)  procedures to enable a licensed commercial driver license third party tester or commercial driver license third party examiner to administer a commercial driver license skills test for an applicant to receive a commercial driver license.

    Amended by Chapter 284, 2021 General Session