Utah Code 53-3-225. Eligibility for new license after revocation

(1)

Terms Used In Utah Code 53-3-225

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

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

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

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

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

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

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

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)

Except as provided in Subsections (1)(b) and (c), a person whose license has been revoked under this chapter may not apply for or receive any new license until the expiration of one year from the date the former license was revoked.

(b)

A person’s license may be revoked for a longer period as provided in:

(i)	Section 53-3-220, for driving a motor vehicle while the person’s license is revoked, or involvement as a driver in an accident or violation of the motor vehicle laws; and

(ii)	Section 53-3-221, for failing to comply with the terms of a traffic citation.

(c)

(i)	The length of the revocation required by Subsection 53-3-220(1)(a)(xi), (a)(xii), (b)(i), or (b)(ii) shall be specified in an order of the court adjudicating or convicting the person of the offense.

(ii)	If the person adjudicated of the offense is younger than 16 years of age, the license or driving privilege shall be revoked for a minimum of one year, from age 16, but not to exceed the date the person turns 21 years of age.

(iii)

If the person adjudicated or convicted of the offense is 16 years of age or older, the license or driving privilege shall be revoked for a minimum of one year, but not to exceed five years.

(d)	A revoked license may not be renewed.

(e)	Application for a new license shall be filed in accordance with Section 53-3-205.

(f)	The new license is subject to all provisions of an original license.

(g)	The division may not grant the license until an investigation of the character, driving abilities, and habits of the driver has been made to indicate whether it is safe to grant him a license.

(2)

Any resident or nonresident whose license to drive a motor vehicle in this state has been suspended or revoked under this chapter may not drive a motor vehicle in this state under a license, permit, or registration certificate issued by any other jurisdiction or other source during suspension or after revocation until a new license is obtained under this chapter.

Amended by Chapter 324, 2010 General Session

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