An employer shall require each applicant for employment as a commercial motor vehicledriver to provide the information required in Section 53-3-416 regarding the applicant’s employment history.
Terms Used In Utah Code 53-3-415
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
Drive: means :
(a)
to operate or be in physical control of a motor vehicle upon a highway; and
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
License: means the privilege to drive a motor vehicle. 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
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
(2)
An employer may not knowingly allow, permit, or authorize a driver to drive a commercial motor vehicle during any period when the driver:
(a)
has a CDL that is suspended, revoked, or canceled by any state;
(b)
has lost the privilege to drive a commercial motor vehicle in a state;
(c)
has been disqualified from driving a commercial motor vehicle;
(d)
has more than one license;
(e)
is subject to an out-of-service order; or
(f)
is operating a commercial motor vehicle or employed by a motor carrier operation that is subject to an out-of-service order.
(3)
An employer may not knowingly allow, permit, require, or authorize a person to violate a federal, state, or local law pertaining to railroad-highway grade crossings.
(4)
(a)
An employer who violates Subsection (2)(a), (b), or (c) during the period the driver has been disqualified under Subsection 53-3-414(9) is subject to a civil penalty of not more than $10,000.
(b)
An employer who is convicted of violating Subsection (2)(e) or (f) is subject to a civil penalty of not less than $2,750 nor more than $25,000.
(c)
An employer who is convicted of violating Subsection (3) is subject to a civil penalty of $10,000.
