(1)  A person may not drive a commercial motor vehicle, unless the person has been issued and is in immediate possession of:

Terms Used In Utah Code 53-3-404

  • Arrest: Taking physical custody of a person by lawful authority.
  • 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 or gross vehicle weight of 26,001 or more pounds, or gross combination weight rating or gross combination weight 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
  • Disqualification: means either:
    (a) the suspension, revocation, cancellation, denial, or any other withdrawal by a state of a person's privileges to drive a commercial motor vehicle;
    (b) a determination by the Federal Highway Administration, under 49 C. 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
  • 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
  • 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
  • Out-of-service order: means a temporary prohibition against driving a commercial motor vehicle. See Utah Code 53-3-402
  • Peace officer: means any officer certified in accordance with Title 53, Chapter 13, Peace Officer Classifications. See Utah Code 53-1-102
  • Person: means :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)  a CDL license certificate valid for the commercial motor vehicle the person is driving; or

    (b)  a valid CDIP license certificate in accordance with Section 53-3-408.
  • (2) 

    (a)  A licensee shall display a CDL or CDIP license certificate upon demand of a justice court judge, a peace officer, a special function officer, a port-of-entry officer, or a designee of the division.

    (b)  It is a defense to a charge under this section that the person charged produces in court a CDL or CDIP license certificate that is issued to the person and valid at the time of the citation or arrest.

    (3)  A person may not drive a commercial motor vehicle if the person’s privilege to drive a commercial motor vehicle is:

    (a)  suspended, revoked, or canceled;

    (b)  subject to a disqualification;

    (c)  subject to an out-of-service order; or

    (d)  not medically certified as defined in Section 53-3-402.

    (4)  A person may not drive a commercial motor vehicle if the commercial motor vehicle is subject to an out-of-service order.

    Amended by Chapter 190, 2011 General Session