Superseded 7/1/2020
53-3-207.  License certificates or driving privilege cards issued to drivers by class of motor vehicle — Contents — Release of anatomical gift information — Temporary licenses or driving privilege cards — Minors’ licenses, cards, and permits — Violation.

(1)  As used in this section:

Terms Used In Utah Code 53-3-207

  • Armed forces: means the United States Army, Navy, Air Force, Marine Corps, and Coast Guard. See Utah Code 68-3-12.5
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Commissioner: means the commissioner of public safety appointed under Section 53-1-107. See Utah Code 53-1-102
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • 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
  • 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 Part 4, Uniform Commercial Driver License Act, or federal law. 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
  • 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.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • 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
  • Person: means :Utah Code 68-3-12.5
  • Regular license certificate: means the evidence of the privilege issued under this chapter to drive a motor vehicle whose privilege was obtained by providing evidence of lawful presence in the United States with one of the document requirements described in Subsection 53-3-205(8)(a)(ii)(A). 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
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. 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
  • Veteran: means an individual who:Utah Code 68-3-12.5
  • (a)  “Driving privilege” means the privilege granted under this chapter to drive a motor vehicle.

    (b)  “Governmental entity” means the state and its political subdivisions as defined in this Subsection (1).

    (c)  “Political subdivision” means any county, city, town, school district, public transit district, community reinvestment agency, special improvement or taxing district, local district, special service district, an entity created by an interlocal agreement adopted under Title 11, Chapter 13, Interlocal Cooperation Act, or other governmental subdivision or public corporation.

    (d)  “State” means this state, and includes any office, department, agency, authority, commission, board, institution, hospital, college, university, children’s justice center, or other instrumentality of the state.

    (2) 

    (a)  The division shall issue to every person privileged to drive a motor vehicle, a regular license certificate, a limited-term license certificate, or a driving privilege card indicating the type or class of motor vehicle the person may drive.

    (b)  A person may not drive a class of motor vehicle unless granted the privilege in that class.

    (3) 

    (a)  Every regular license certificate, limited-term license certificate, or driving privilege card shall bear:

    (i)  the distinguishing number assigned to the person by the division;

    (ii)  the name, birth date, and Utah residence address of the person;

    (iii)  a brief description of the person for the purpose of identification;

    (iv)  any restrictions imposed on the license under Section 53-3-208;

    (v)  a photograph of the person;

    (vi)  a photograph or other facsimile of the person’s signature;

    (vii)  an indication whether the person intends to make an anatomical gift under Title 26, Chapter 28, Revised Uniform Anatomical Gift Act, unless the driving privilege is extended under Subsection 53-3-214(3); and

    (viii)  except as provided in Subsection (3)(b), if the person states that the person is a veteran of the United States military on the application for a driver license in accordance with Section 53-3-205 and provides verification that the person was granted an honorable or general discharge from the United States Armed Forces, an indication that the person is a United States military veteran for a regular license certificate or limited-term license certificate issued on or after July 1, 2011.

    (b)  A regular license certificate or limited-term license certificate issued to any person younger than 21 years on a portrait-style format as required in Subsection (5)(b)(i) is not required to include an indication that the person is a United States military veteran under Subsection (3)(a)(viii).

    (c)  A new license certificate issued by the division may not bear the person’s Social Security number.

    (d) 

    (i)  The regular license certificate, limited-term license certificate, or driving privilege card shall be of an impervious material, resistant to wear, damage, and alteration.

    (ii)  Except as provided under Subsection (4)(b), the size, form, and color of the regular license certificate, limited-term license certificate, or driving privilege card shall be as prescribed by the commissioner.

    (iii)  The commissioner may also prescribe the issuance of a special type of limited regular license certificate, limited-term license certificate, or driving privilege card under Subsection 53-3-220(4).

    (4) 

    (a) 

    (i)  The division, upon determining after an examination that an applicant is mentally and physically qualified to be granted a driving privilege, may issue to an applicant a receipt for the fee if the applicant is eligible for a regular license certificate or limited-term license certificate.

    (ii) 

    (A)  The division shall issue a temporary regular license certificate or temporary limited-term license certificate allowing the person to drive a motor vehicle while the division is completing its investigation to determine whether the person is entitled to be granted a driving privilege.

    (B)  A temporary regular license certificate or a temporary limited-term license certificate issued under this Subsection (4) shall be recognized and have the same rights and privileges as a regular license certificate or a limited-term license certificate.

    (b)  The temporary regular license certificate or temporary limited-term license certificate shall be in the person’s immediate possession while driving a motor vehicle, and it is invalid when the person’s regular license certificate or limited-term license certificate has been issued or when, for good cause, the privilege has been refused.

    (c)  The division shall indicate on the temporary regular license certificate or temporary limited-term license certificate a date after which it is not valid as a temporary license.

    (d) 

    (i)  Except as provided in Subsection (4)(d)(ii), the division may not issue a temporary driving privilege card or other temporary permit to an applicant for a driving privilege card.

    (ii)  The division may issue a learner permit issued in accordance with Section 53-3-210.5 to an applicant for a driving privilege card.

    (5) 

    (a)  The division shall distinguish learner permits, temporary permits, regular license certificates, limited-term license certificates, and driving privilege cards issued to any person younger than 21 years of age by use of plainly printed information or the use of a color or other means not used for other regular license certificates, limited-term license certificates, or driving privilege cards.

    (b)  The division shall distinguish a regular license certificate, limited-term license certificate, or driving privilege card issued to any person:

    (i)  younger than 21 years of age by use of a portrait-style format not used for other regular license certificates, limited-term license certificates, or driving privilege cards and by plainly printing the date the regular license certificate, limited-term license certificate, or driving privilege card holder is 21 years of age, which is the legal age for purchasing an alcoholic beverage or alcoholic product under Section 32B-4-403; and

    (ii)  younger than 19 years of age, by plainly printing the date the regular license certificate, limited-term license certificate, or driving privilege card holder is 19 years of age, which is the legal age for purchasing tobacco products under Section 76-10-104.

    (6)  The division shall distinguish a limited-term license certificate by clearly indicating on the document:

    (a)  that it is temporary; and

    (b)  its expiration date.

    (7) 

    (a)  The division shall only issue a driving privilege card to a person whose privilege was obtained without providing evidence of lawful presence in the United States as required under Subsection 53-3-205(8).

    (b)  The division shall distinguish a driving privilege card from a license certificate by:

    (i)  use of a format, color, font, or other means; and

    (ii)  clearly displaying on the front of the driving privilege card a phrase substantially similar to “FOR DRIVING PRIVILEGES ONLY — NOT VALID FOR IDENTIFICATION”.

    (8)  The provisions of Subsection (5)(b) do not apply to a learner permit, temporary permit, temporary regular license certificate, temporary limited-term license certificate, or any other temporary permit.

    (9)  The division shall issue temporary license certificates of the same nature, except as to duration, as the license certificates that they temporarily replace, as are necessary to implement applicable provisions of this section and Section 53-3-223.

    (10) 

    (a)  A governmental entity may not accept a driving privilege card as proof of personal identification.

    (b)  A driving privilege card may not be used as a document providing proof of a person’s age for any government required purpose.

    (11)  A person who violates Subsection (2)(b) is guilty of an infraction.

    (12)  Unless otherwise provided, the provisions, requirements, classes, endorsements, fees, restrictions, and sanctions under this code apply to a:

    (a)  driving privilege in the same way as a license or limited-term license issued under this chapter; and

    (b)  limited-term license certificate or driving privilege card in the same way as a regular license certificate issued under this chapter.

    Amended by Chapter 350, 2016 General Session