driver: includes any person who is required to hold a CDL under 4, or federal law. See Utah Code 53-3-102
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
Medical certification status: means the medical certification of a commercial driver license holder or commercial motor vehicle operator in any of the following categories:
Renewal: means to validate a license certificate so that it expires at a later date. See Utah Code 53-3-102
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)
“non-excepted interstate” under Subsection 53-3-402(12)(a) is required to provide the division a medical self-certification and an updated medical examiner’s certificate under 49 C.F.R. § 391.45 upon request by the division;
(b)
“excepted interstate” under Subsection 53-3-402(12)(b) is required to provide to the division a medical self-certification upon request by the division;
(c)
“non-excepted intrastate” under Subsection 53-3-402(12)(c) is required to, upon request by the division:
(i)
provide to the division a medical self-certification; and
(ii)
comply with the requirements of Section 53-3-303.5; or
(d)
“excepted intrastate” under Subsection 53-3-402(12)(b) is required to, upon request by the division:
(i)
provide to the division a medical self-certification; and
(ii)
(A)
provide to the division an updated medical examiner’s certificate under 49 C.F.R. § 391.45; or
(B)
comply with the requirements of Section 53-3-303.5.
(2)
A request by the division for a person to comply with Subsection (1) to provide a:
(a)
medical examiner’s certificate, shall correspond with:
(i)
the initial application for a CDL or CDIP;
(ii)
the transfer of a CDL from another jurisdiction to Utah;
(iii)
the expiration of the previously submitted medical examiner’s certificate; or
(iv)
documentary evidence received by the division under Subsection (1) that indicates the driver may not be medically qualified to operate a CMV; or
(b)
medical self-certification, shall correspond with:
(i)
the initial application for a CDL or CDIP;
(ii)
the transfer of a CDL from another jurisdiction to Utah;
(iii)
the renewal of a CDL or CDIP;
(iv)
the upgrade of a commercial license class; or
(v)
documentary evidence received by the division under Subsection (1) that indicates the driver may not be medically qualified to operate a CMV.
(3)
(a)
Except as provided in Subsection (3)(b), if the division determines that a person is no longer medically qualified to operate a CMV, the person shall be required to downgrade the person’s CDL to a class D license.
(b)
If the division determines that a person is incompetent to drive a motor vehicle or has a mental or physical disability rendering the person unable to safely drive a motor vehicle upon the highways, the division shall deny the person’s driving privileges as described in Section 53-3-221.
(4)
If a person fails to comply with a request under this section, the person shall be required to downgrade the person’s CDL to a class D license.
(5)
Failure to comply with the requirement of this section shall result in the denial of the license under Section 53-3-221.
