53-3-413. Issuance of CDL by division — Driving record — Expiration date — Renewal — Hazardous materials provision.
(1)
Before the division may grant a CDL, the division shall obtain the driving record information regarding the applicant through the CDLIS, the NDR, and from each state where the applicant has been licensed.
Terms Used In Utah Code 53-3-413
Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
CDL: means a license:
(a)
issued substantially in accordance with the requirements of Title XII, Pub. See Utah Code 53-3-102
CDLIS: means the information system established under Title XII, Pub. See Utah Code 53-3-402
denied: means the withdrawal of a driving privilege by the division to which the provisions of 4, do not apply. 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
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.
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
limited-term CDL: means a license:
(a)
issued substantially in accordance with the requirements of Title XII, Pub. See Utah Code 53-3-102
Renewal: means to validate a license certificate so that it expires at a later date. 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
(2)
The division shall notify the CDLIS and provide all information required to ensure identification of the CDL holder within 10 days after:
(a)
issuing a CDL following application for an original, renewal, transfer, or upgrade of the CDL; or
(b)
any change is made to the identifying information of a CDL holder.
(3)
(a)
The expiration date for a CDL is the birth date of the holder in the fifth year following the year of issuance of the CDL.
(b)
A limited-term CDL expires on:
(i)
the expiration date of the period of time of the individual’s authorized stay in the United States or on the date provided in Subsection (3)(a), whichever is sooner; or
(ii)
on the birth date of the applicant in the first year following the year that the limited-term CDL was issued if there is no definite end to the individual’s period of authorized stay.
(c)
A CDL held by an individual ordered to active duty and stationed outside Utah in any of the armed forces of the United States, which expires during the time period the individual is stationed outside of the state, is valid until 90 days after the individual has been discharged or has left the service, unless:
(i)
the license is suspended, disqualified, denied, or has been cancelled or revoked by the division; or
(ii)
the licensee updates the information or photograph on the license certificate.
(4)
(a)
The applicant for a renewal of a CDL shall complete the application form required by Section 53-3-410 and provide updated information and required certification.
(b)
In addition to the requirements under Subsection (4)(a), the applicant for a renewal of a limited-term CDL shall present documentary evidence that the status by which the individual originally qualified for the limited-term CDL has been extended by the United States Citizenship and Immigration Services or other authorized agency of the United States Department of Homeland Security.
(5)
The division shall distinguish a limited-term CDL by clearly indicating on the document:
(a)
that it is temporary; and
(b)
its expiration date.
(6)
(a)
The division may not issue a hazardous materials endorsement on a CDL unless the applicant meets the security threat assessment standards of the federal Transportation Security Administration.
(b)
The division shall revoke the hazardous materials endorsement on a CDL upon receiving notice from the federal Transportation Security Administration that the individual holding a hazardous materials endorsement does not meet Transportation Security Administration security threat assessment standards.
(c)
To obtain an original hazardous materials endorsement or retain a hazardous materials endorsement upon CDL renewal or transfer, the applicant must take and pass the knowledge test for hazardous materials endorsement in addition to any other testing required by the division.
(7)
Unless otherwise provided, the provisions, requirements, classes, endorsements, fees, restrictions, and sanctions under this code apply to a limited-term CDL in the same way as a CDL issued under this chapter.
