Utah Code 53-3-303.5. Driver License Medical Advisory Board

(1)

The Driver License Medical Advisory Board shall:

Board: means the Driver License Medical Advisory Board created in Section 53-3-303. See Utah Code 53-3-302
Department: means the Department of Public Safety created in Section 53-1-103. See Utah Code 53-1-102
Director: means the division director appointed under Section 53-3-103. 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
driver: includes any person who is required to hold a CDL under 4, or federal law. See Utah Code 53-3-102
License: means the privilege to drive a motor vehicle. See Utah Code 53-3-102
Person: means :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

(a)	advise the director of the division; and

(b)	establish and recommend in a manner specified by the board functional ability profile guidelines and standards for determining the physical, mental, and emotional capabilities of applicants for specific types of licenses, appropriate to various driving abilities.

(2)

(a)	The Driver License Medical Advisory Board shall establish fitness standards, including provisions for a waiver of specified federal driver‘s physical qualifications under 49 C.F.R. § 391.41, for intrastate commercial driving privileges.

(b)	The standards under this Subsection (2) may only be implemented if the United States Department of Transportation (USDOT) will not impose any sanctions, including funding sanctions, against the state.

(3)	In case of uncertainty of interpretation of these guidelines and standards, or in special circumstances, applicants may request a review of any division decision by a panel of board members. All of the actions of the director and board are subject to judicial review.

(4)

(a)	If a person applies for a waiver established under Subsection (2), the applicant shall bear any costs directly associated with the cost of administration of the waiver program, with respect to the applicant’s application, in addition to any fees required under Section 53-3-105.

(b)	The division shall establish any additional fee necessary to administer the license under this Subsection (4) in accordance with Section 63J-1-504.

Amended by Chapter 183, 2009 General Session

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