53-3-408.  Qualifications for commercial driver instruction permit.

(1)  The division may issue a CDIP to a person who:

Terms Used In Utah Code 53-3-408

  • Cancellation: means the termination by the division of a license issued through error or fraud or for which consent under Section 53-3-211 has been withdrawn. See Utah Code 53-3-102
  • 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
  • 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
  • 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
  • Highway: means the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public, as a matter of right, for traffic. See Utah Code 53-3-102
  • 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 48-2e-1156
  • 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
  • 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)  is 18 years of age or older;

    (b)  holds a valid license;

    (c)  has at least one year of driving experience; and

    (d)  has passed the vision and knowledge test for the class of license for which the person is applying.
  • (2)  The division may issue a CDIP only for a period not to exceed 180 days.

    (3)  The holder of a CDIP may drive a commercial motor vehicle on a highway only when accompanied by a person who:

    (a) 

    (i)  holds a CDL valid for the class and endorsements of commercial motor vehicle driven; or

    (ii)  is certified by the division to administer driver licensing examinations to CDL applicants; and

    (b)  occupies a seat beside the individual for the purpose of:

    (i)  giving the driver instruction regarding the driving of the commercial motor vehicle; or

    (ii)  administering a driver licensing examination to a CDL applicant.

    (4)  A CDL or CDIP may not be issued to a person:

    (a)  subject to disqualification from driving a commercial motor vehicle; or

    (b)  whose license is suspended, revoked, or canceled in any state.

    (5)  A CDL or CDIP may not be issued to a person until the person has surrendered all license certificates the person holds to the division for cancellation.

    Amended by Chapter 175, 2016 General Session

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