53-3-407.  Qualifications for commercial driver license — Fee — Third parties may administer skills test.

(1) 

Terms Used In Utah Code 53-3-407

  • Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
  • 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
  • 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 4, or federal law. See Utah Code 53-3-102
  • 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. See Utah Code 53-3-402
  • 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.
  • 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
  • Operate: means the same as that term is defined in Section 41-1a-102. See Utah Code 53-3-102
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • 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
  • State: means a state of the United States, the District of Columbia, any province or territory of Canada, or Mexico. See Utah Code 53-3-402
  • United States: means the 50 states and the District of Columbia. See Utah Code 53-3-402
  • 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)  As used in this section, “CDL driver training school” means a business enterprise conducted by an individual, association, partnership, or corporation that:

    (i)  educates and trains persons, either practically or theoretically, or both, to drive commercial motor vehicles; and

    (ii)  prepares an applicant for an examination under Subsection (2)(a)(iii).

    (b)  A CDL driver training school may charge a consideration or tuition for the services provided under Subsection (1)(a).
  • (2) 

    (a)  Except as provided in Subsection (2)(c), a CDL may be issued only to a person who:

    (i)  is a resident of this state or is an out-of-state resident if the person qualifies for a non-domiciled CDL as defined in 49 C.F.R. part 383;

    (ii)  has held a CDIP for a minimum of 14 days prior to taking the skills test under 49 C.F.R. part 383, including a person who is upgrading a CDL class or endorsement requiring a skills test under 49 C.F.R. part 383;

    (iii)  has passed a test of knowledge and skills for driving a commercial motor vehicle, that complies with minimum standards established by federal regulation in 49 C.F.R. part 383, Subparts G and H; and

    (iv)  has complied with all requirements of 49 C.F.R. part 383 and other applicable state laws and federal regulations.

    (b)  A person who applies for a CDL is exempt from the requirement to pass a skills test to be eligible for the license if the person:

    (i)  is a resident of the state of Utah;

    (ii)  has successfully completed a skills test administered by a state or a party authorized by a state or jurisdiction that is compliant with 49 C.F.R. part 383; and

    (iii)  held a valid Utah CDIP at the time the test was administered.

    (c)  The department shall waive any tests specified in this section for a commercial driver license applicant who, subject to the limitations and requirements of 49 C.F.R. § 383.77, meets all certifications required for a waiver under 49 C.F.R. § 383.77 and certifies that the applicant:

    (i)  is a member of the active or reserve components of any branch or unit of the armed forces or a veteran who received an honorable or general discharge from any branch or unit of the active or reserve components of the United States Armed Forces;

    (ii)  is or was regularly employed in a position in the armed forces requiring operation of a commercial motor vehicle; and

    (iii)  has legally operated, while on active duty for at least two years immediately preceding application for a commercial driver license, a vehicle representative of the commercial motor vehicle the driver applicant operates or expects to operate.

    (d)  An applicant who requests a waiver under Subsection (2)(c) shall present a completed application for a military skills test waiver at the time of the request.

    (3)  Tests required under this section shall be prescribed and administered by the division.

    (4)  The division shall authorize a person, an agency of this state, an employer, a private driver training facility or other private institution, or a department, agency, or entity of local government to administer the skills test required under this section if:

    (a)  the test is the same test as prescribed by the division, and is administered in the same manner; and

    (b)  the party authorized under this section to administer the test has entered into an agreement with the state that complies with the requirements of 49 C.F.R. § 383.75.

    (5) 

    (a)  An out-of-state resident who holds a valid CDIP issued by a state or jurisdiction that is compliant with 49 C.F.R. part 383 may take a skills test administered by a party authorized under this section.

    (b)  A person authorized under this section to administer the skills test may charge a fee for administration of the skills test.

    (c)  A person authorized under this section to administer the skills test shall:

    (i)  electronically transmit skills test results for an out-of-state resident to the licensing agency in the state or jurisdiction in which the person has obtained a valid CDIP; and

    (ii)  provide the out-of-state resident with documentary evidence upon successful completion of the skills test.

    (6)  A person who has an appointment with the division for testing and fails to keep the appointment or to cancel at least 48 hours in advance of the appointment shall pay the fee under Section 53-3-105.

    (7)  A person authorized under this section to administer the skills test is not criminally or civilly liable for the administration of the test unless he administers the test in a grossly negligent manner.

    (8)  The division may waive the skills test required under this section if it determines that the applicant meets the requirements of 49 C.F.R. § 383.77.

    Amended by Chapter 46, 2022 General Session