Utah Code 53-3-206. Examination of applicant’s physical and mental fitness to drive a motor vehicle

53-3-206. Examination of applicant’s physical and mental fitness to drive a motor vehicle.

(1)

The division shall examine every applicant for a license, including a test of the applicant’s:

Terms Used In Utah Code 53-3-206

CDL: means a license:

(a)

issued substantially in accordance with the requirements of Title XII, Pub. See Utah Code 53-3-102

Contract: A legal written agreement that becomes binding when signed.

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

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

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

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

Motor vehicle: means the same as that term is defined in Section 41-1a-102. See Utah Code 53-3-102

Renewal: means to validate a license certificate so that it expires at a later date. 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

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)

eyesight either:

(i)	by the division; or

(ii)	by allowing the applicant to furnish to the division a statement from a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or an optometrist licensed under Title 58, Chapter 16a, Utah Optometry Practice Act;

(b)	ability to read and understand highway signs regulating, warning, and directing traffic;

(c)	ability to read and understand simple English used in highway traffic and directional signs;

(d)	knowledge of the state traffic laws;

(e)	other physical and mental abilities the division finds necessary to determine the applicant’s fitness to drive a motor vehicle safely on the highways; and

(f)	ability to exercise ordinary and responsible control driving a motor vehicle, as determined by actual demonstration or other indicator.

(2)

(a)

Subject to Subsection (2)(d), and notwithstanding the provisions of Subsection (1) or any other provision of law, the division shall allow an individual to take an examination of the individual’s knowledge of the state traffic laws in the individual’s preferred language:

(i)

if the individual is a refugee, an approved asylee, or a covered humanitarian parolee:

(A)	the first time the individual applies for a limited-term license certificate; and

(B)	the first time the individual applies for a renewal of a limited-term license certificate; and

(ii)

for any other individual applying for a class D license certificate:

(A)	the first time the individual applies for a class D license certificate; and

(B)	the first time the individual applies for a renewal of a class D license certificate.

(b)

(i)

Upon the second renewal of a refugee’s, an approved asylee’s, or a covered humanitarian parolee’s limited-term license certificate for a refugee, an approved asylee, or a covered humanitarian parolee that has taken the knowledge exam in the individual’s preferred language under Subsection (2)(a), the division shall re-examine the individual’s knowledge of the state traffic laws in English.

(ii)	Upon the second renewal of an individual’s class D license certificate of an individual who has taken the knowledge exam in the individual’s preferred language under Subsection (2)(a)(ii), the division shall re-examine the individual’s knowledge of the state traffic laws in English.

(c)	In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall make rules establishing the procedures and requirements for the examination of the individual’s knowledge of the state traffic laws in the individual’s preferred language.

(d)

(i)	Beginning on July 1, 2023, for a class D license certificate, except for a driving privilege card issued under Section 53-3-207, the division shall administer the written knowledge examination in as many languages as reasonably possible given budgetary and other constraints.

(ii)	If the division is unable to administer the written knowledge examination in a particular language, an individual may take an examination with the assistance of a translator approved by the division.

(iii)

If an individual takes the examination with the assistance of a translator, the individual is responsible for the costs of the translator.

(e)	In order to provide the services described in Subsection (2)(d)(i), the division may contract with a private vendor to provide the translation services or technology.

(3)

(a)

For an applicant for an original or a renewal of a class D license, other than a driving privilege card or a limited term license certificate, the division shall provide the examination of an individual’s knowledge of the state traffic laws in five commonly spoken languages in the state, other than English, as determined under Subsection (3)(c).

(b)

An applicant for an original or a renewal of a class D license, other than a driving privilege card or a limited term license certificate, may request to take the examination of the individual’s knowledge of the state traffic laws in a language other than English, if the requested language is one of five commonly spoken languages in the state as determined under Subsection (3)(c).

(c)

(i)	The Division of Multicultural Affairs created in Section 9-21-201 shall recommend five commonly spoken languages in the state, other than English, for examination of an individual’s knowledge of the state traffic laws.

(ii)	The division shall offer the examination of an individual’s knowledge of the state traffic laws in the five commonly spoken languages, other than English, recommended by the Division of Multicultural Affairs created in Section 9-21-201.

(4)	The division shall determine whether any facts exist that would bar granting a license under Section 53-3-204.

(5)	The division shall examine each applicant according to the class of license applied for.

(6)	An applicant for a CDL shall meet all additional requirements of 4, of this chapter.

(7)

The division shall provide a report to the Transportation Interim Committee on or before October 1, 2023, regarding the written knowledge examination in languages other than English, including:

(a)	costs associated with the program;

(b)	the number of languages provided;

(c)	the likelihood of adding additional languages in the future; and

(d)	other information the division finds relevant.

Amended by Chapter 391, 2023 General Session

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