Utah Code 53-3-505. School license — Contents of rules

53-3-505. School license — Contents of rules.

(1)

In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commissioner shall make rules regarding the requirements for:

Terms Used In Utah Code 53-3-505

Commissioner: means the commissioner of public safety appointed under Section 53-1-107. 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
driver: includes any person who is required to hold a CDL under 4, or federal law. See Utah Code 53-3-102
Instructor: means a person, whether acting as an operator of a commercial driver training school or for a school for compensation, who:

(a)	teaches, conducts classes of, gives demonstrations to, or supervises practice of persons learning to drive motor vehicles, including motorcycles;

(b)	prepares persons to take an examination for a license or learner permit; or

(c)

supervises the work of any other instructor. See Utah Code 53-3-502

License: means the privilege to drive a motor vehicle. See Utah Code 53-3-102

Motorcycle: means every motor vehicle, other than a tractor, having a seat or saddle for the use of the rider and designed to travel with not more than three wheels in contact with the ground. See Utah Code 53-3-102

Observation time: means a period of time during which a driver education student observes another student, instructor, or road user. See Utah Code 53-3-502

Road: includes :Utah Code 68-3-12.5

school: means a business enterprise conducted by an individual, association, partnership, or corporation for the education and training of persons, either practically or theoretically, or both, to:

(i)	drive motor vehicles, including motorcycles; and

(ii)

prepare an applicant for an examination given by the state for a license or learner permit. See Utah Code 53-3-502

State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5

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)

a school license, including requirements concerning:

(i)	locations;

(ii)	equipment;

(iii)

courses of instruction;

(iv)

curriculum on air quality, based on data and information provided by the Division of Air Quality, including:

(A)	instruction on ways drivers can improve air quality; and

(B)	the harmful effects of vehicle emissions;

(v)	instructors;

(vi)	previous records of the school and instructors;

(vii)

financial statements;

(viii)

schedule of fees and charges;

(ix)	character and reputation of the operators and instructors;

(x)	insurance as the commissioner determines necessary to protect the interests of the public; and

(xi)	other provisions the commissioner may prescribe for the protection of the public; and

(b)

an instructor‘s license, including requirements concerning:

(i)	moral character;

(ii)	physical condition;

(iii)

knowledge of the courses of instruction;

(iv)	motor vehicle laws and safety principles and practices;

(v)	previous personnel and employment records; and

(vi)	other provisions the commissioner may prescribe for the protection of the public;

(c)	applications for licenses; and

(d)

minimum standards for:

(i)	driving simulation devices that are fully interactive under Subsection 53-3-505.5(2)(b); and

(ii)	driving simulation devices that are not fully interactive under Subsection 53-3-505.5(2)(c).

(2)

(a)	Rules made by the commissioner may not require observation time to observe the instructor, another student driver, or another road user.

(b)	The prohibition on rulemaking described in Subsection (2)(a) does not prohibit a commercial driver education school or other driver education program from including observation time as part of a driver education curriculum.

(3)	Rules made by the commissioner shall require that a commercial driver training school offering motorcycle rider education meet or exceed the standards established by the Motorcycle Safety Foundation.

(4)	Rules made by the commissioner shall require that an instructor of motorcycle rider education meet or exceed the standards for certification established by the Motorcycle Safety Foundation.

(5)	The commissioner may call upon the state superintendent of public instruction for assistance in formulating appropriate rules.

Amended by Chapter 247, 2021 General Session

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