53-3-202.  Drivers must be licensed — Violation.

(1)  A human driver may not drive a motor vehicle or an autocycle on a highway in this state unless the human driver is:

Terms Used In Utah Code 53-3-202

  • Autocycle: means a motor vehicle that:
(a) is designed to travel with three or fewer wheels in contact with the ground; and
(b) is equipped with:
(i) a steering mechanism;
(ii) seat belts; and
(iii) seating that does not require the operator to straddle or sit astride the motor vehicle. 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
  • 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
  • Farm tractor: means every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry. See Utah Code 53-3-102
  • Highway: means the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public, as a matter of right, for traffic. See Utah Code 53-3-102
  • Human driver: means the same as that term is defined in Section 41-26-102. See Utah Code 53-3-102
  • 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
  • Motor vehicle: means the same as that term is defined in Section 41-1a-102. 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
  • Operate: means the same as that term is defined in Section 41-1a-102. See Utah Code 53-3-102
  • Person: means :Utah Code 68-3-12.5
  • Private passenger carrier: means any motor vehicle for hire that is:
    (i) designed to transport 15 or fewer passengers, including the driver; and
    (ii) operated to transport an employee of the person that hires the motor vehicle. See Utah Code 53-3-102
  • Road: includes :Utah Code 68-3-12.5
  • School bus: means a commercial motor vehicle used to transport pre-primary, primary, or secondary school students to and from home and school, or to and from school sponsored events. See Utah Code 53-3-102
  • 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
  • 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
  • (a)  granted the privilege to operate a motor vehicle by being licensed as a driver by the division under this chapter;

    (b)  driving an official United States Government class D motor vehicle with a valid United States Government driver permit or license for that type of vehicle;

    (c) 

    (i)  driving a road roller, road machinery, or any farm tractor or implement of husbandry temporarily drawn, moved, or propelled on the highways; and

    (ii)  driving the vehicle described in Subsection (1)(c)(i) in conjunction with a construction or agricultural activity;

    (d)  a nonresident who is at least 16 years of age and younger than 18 years of age who has in the nonresident’s immediate possession a valid license certificate issued to the nonresident in the nonresident’s home state or country and is driving in the class or classes identified on the home state license certificate, except those persons referred to in 6, of this chapter;

    (e)  a nonresident who is at least 18 years of age and who has in the nonresident’s immediate possession a valid license certificate issued to the nonresident in the nonresident’s home state or country if driving in the class or classes identified on the home state license certificate, except those persons referred to in 6, of this chapter;

    (f)  driving under a learner permit in accordance with Section 53-3-210.5;

    (g)  driving with a temporary license certificate issued in accordance with Section 53-3-207; or

    (h)  exempt under Title 41, Chapter 22, Off-highway Vehicles.
  • (2)  A human driver may not drive a motor vehicle or perform lateral or longitudinal vehicle motion control for a vehicle being towed by another motor vehicle upon a highway unless the human driver:

    (a)  is licensed under this chapter to drive a motor vehicle of the type or class of motor vehicle being towed; or

    (b)  is exempted under either Subsection (1)(b) or (1)(c).

    (3) 

    (a)  A human driver may not drive a motor vehicle as a taxicab on a highway of this state unless the person has a valid class D driver license issued by the division.

    (b)  A human driver may not drive a motor vehicle as a private passenger carrier on a highway of this state unless the human driver has:

    (i)  a taxicab endorsement issued by the division on the human driver’s license certificate; or

    (ii)  a commercial driver license with:

    (A)  a taxicab endorsement;

    (B)  a passenger endorsement; or

    (C)  a school bus endorsement.

    (c)  Nothing in Subsection (3)(b) is intended to exempt a human driver driving a motor vehicle as a private passenger carrier from regulation under other statutory and regulatory schemes, including:

    (i)  49 C.F.R. Parts 350-399, Federal Motor Carrier Safety Regulations;

    (ii)  Title 34, Chapter 36, Transportation of Workers, and rules adopted by the Labor Commission in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and

    (iii)  Title 72, Chapter 9, Motor Carrier Safety Act, and rules adopted by the Motor Carrier Division in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

    (4) 

    (a)  Except as provided in Subsections (4)(b), (c), (d), and (e), a human driver may not operate:

    (i)  a motorcycle unless the human driver has a valid class D driver license and a motorcycle endorsement issued under this chapter;

    (ii)  a street legal all-terrain vehicle unless the human driver has a valid class D driver license; or

    (iii)  a motor-driven cycle unless the human driver has a valid class D driver license and a motorcycle endorsement issued under this chapter.

    (b)  A human driver operating a moped, as defined in Section 41-6a-102, is not required to have a motorcycle endorsement issued under this chapter.

    (c)  An individual operating an electric assisted bicycle, as defined in Section 41-6a-102, is not required to have a valid class D driver license or a motorcycle endorsement issued under this chapter.

    (d)  An individual is not required to have a valid class D driver license if the person is:

    (i)  operating a motor assisted scooter, as defined in Section 41-6a-102, in accordance with Section 41-6a-1115; or

    (ii)  operating an electric personal assistive mobility device, as defined in Section 41-6a-102, in accordance with Section 41-6a-1116.

    (e)  A human driver operating an autocycle is not required to have a motorcycle endorsement issued under this chapter.

    (5)  An automated driving system as defined in Section 41-26-102.1 is not required to have a driver license.

    (6)  A person who violates this section is guilty of an infraction.

    Amended by Chapter 459, 2019 General Session