53-3-402.  Definitions.
     As used in this part:

(1)  “Alcohol” means any substance containing any form of alcohol, including ethanol, methanol, propanol, and isopropanol.

Terms Used In Utah Code 53-3-402

  • CDIP: means a commercial learner permit:
(a) issued under Section 53-3-408; or
(b) issued by a state or other jurisdiction of domicile in compliance with the standards contained in 49 C. See Utah Code 53-3-102
  • CDL: means a license:
    (a) issued substantially in accordance with the requirements of Title XII, Pub. See Utah Code 53-3-102
  • Commercial motor vehicle: means a motor vehicle or combination of motor vehicles designed or used to transport passengers or property if the motor vehicle:
    (i) has a gross vehicle weight rating of 26,001 or more pounds or a lesser rating as determined by federal regulation;
    (ii) is designed to transport 16 or more passengers, including the driver; or
    (iii) is transporting hazardous materials and is required to be placarded in accordance with 49 C. See Utah Code 53-3-102
  • Conviction: means any of the following:
    (a) an unvacated adjudication of guilt or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or an administrative proceeding;
    (b) an unvacated forfeiture of bail or collateral deposited to secure a person's appearance in court;
    (c) a plea of guilty or nolo contendere accepted by the court;
    (d) the payment of a fine or court costs; or
    (e) violation of a condition of release without bail, regardless of whether the penalty is rebated, suspended, or probated. 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
  • 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.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • 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
  • Owner: includes a person entitled to the use and possession of a vehicle subject to a security interest in another person but excludes a lessee under a lease not intended as security. See Utah Code 53-3-102
  • Person: means :Utah Code 48-2e-1156
  • Property: includes both real and personal property. See Utah Code 48-2e-1156
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 48-2e-1156
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 48-2e-1156
  • 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
  • (2)  “Alcohol concentration” means the number of grams of alcohol per:

    (a)  100 milliliters of blood;

    (b)  210 liters of breath; or

    (c)  67 milliliters of urine.

    (3)  “Commercial driver license information system” or “CDLIS” means the information system established under Title XII, Pub. L. 99-570, the Commercial Motor Vehicle Safety Act of 1986, as a clearinghouse for information related to the licensing and identification of commercial motor vehicle drivers.

    (4)  “Controlled substance” means any substance so classified under Section 102(6) of the Controlled Substance Act, 21 U.S.C. 802(6), and includes all substances listed on the current Schedules I through V of 21 C.F.R., Part 1308 as they may be revised from time to time.

    (5)  “Employee” means any driver of a commercial motor vehicle, including:

    (a)  full-time, regularly employed drivers;

    (b)  casual, intermittent, or occasional drivers;

    (c)  leased drivers; and

    (d)  independent, owner-operator contractors while in the course of driving a commercial motor vehicle who are either directly employed by or under lease to an employer.

    (6)  “Employer” means any individual or person including the United States, a state, or a political subdivision of a state, who owns or leases a commercial motor vehicle, or assigns an individual to drive a commercial motor vehicle.

    (7)  “Felony” means any offense under state or federal law that is punishable by death or imprisonment for a term of more than one year.

    (8)  “Foreign jurisdiction” means any jurisdiction other than the United States or a state of the United States.

    (9)  “Gross vehicle weight rating” or “GVWR” means the value specified by the manufacturer as the maximum loaded weight of a single vehicle or GVWR of a combination or articulated vehicle, and includes the GVWR of the power unit plus the total weight of all towed units and the loads on those units.

    (10)  “Hazardous material” has the same meaning as defined under 49 C.F.R. Sec. 383.5.

    (11)  “Imminent hazard” means the existence of a condition, practice, or violation that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment is expected to occur immediately, or before the condition, practice, or violation can be abated.

    (12)  “Medical certification status” means the medical certification of a commercial driver license holder or commercial motor vehicle operator in any of the following categories:

    (a)  Non-excepted interstate. A person shall certify that the person:

    (i)  operates or expects to operate in interstate commerce;

    (ii)  is both subject to and meets the qualification requirements under 49 C.F.R. Part 391; and

    (iii)  is required to obtain a medical examiner’s certificate under 49 C.F.R. Sec. 391.45.

    (b)  Excepted interstate. A person shall certify that the person:

    (i)  operates or expects to operate in interstate commerce, but engages exclusively in transportation or operations excepted under 49 C.F.R. Sec. 390.3(f), 391.2, 391.68, or 398.3 from all or parts of the qualification requirements of 49 C.F.R. Part 391; and

    (ii)  is not required to obtain a medical examiner’s certificate under 49 C.F.R. Sec. 391.45.

    (c)  Non-excepted intrastate. A person shall certify that the person:

    (i)  operates only in intrastate commerce; and

    (ii)  is subject to state driver qualification requirements under Sections 53-3-303.5, 53-3-304, and 53-3-414.

    (d)  Excepted intrastate. A person shall certify that the person:

    (i)  operates in intrastate commerce; and

    (ii)  engages exclusively in transportation or operations excepted from all parts of the state driver qualification requirements.

    (13)  “NDR” means the National Driver Register.

    (14)  “Nonresident CDL” means a commercial driver license issued by a state to an individual who resides in a foreign jurisdiction.

    (15)  “Out-of-service order” means a temporary prohibition against driving a commercial motor vehicle.

    (16)  “Port-of-entry agent” has the same meaning as provided in Section 72-1-102.

    (17)  “Serious traffic violation” means a conviction of any of the following:

    (a)  speeding 15 or more miles per hour above the posted speed limit;

    (b)  reckless driving as defined by state or local law;

    (c)  improper or erratic traffic lane changes;

    (d)  following the vehicle ahead too closely;

    (e)  any other motor vehicle traffic law which arises in connection with a fatal traffic accident;

    (f)  operating a commercial motor vehicle without a CDL or a CDIP;

    (g)  operating a commercial motor vehicle without the proper class of CDL or CDL endorsement for the type of vehicle group being operated or for the passengers or cargo being transported;

    (h)  operating a commercial motor vehicle without a CDL or CDIP license certificate in the driver’s possession in violation of Section 53-3-404;

    (i)  using a handheld wireless communication device in violation of Section 41-6a-1716 while operating a commercial motor vehicle; or

    (j)  using a hand-held mobile telephone while operating a commercial motor vehicle in violation of 49 C.F.R. Sec. 392.82.

    (18)  “State” means a state of the United States, the District of Columbia, any province or territory of Canada, or Mexico.

    (19)  “United States” means the 50 states and the District of Columbia.

    Amended by Chapter 52, 2015 General Session
    Amended by Chapter 422, 2015 General Session