Utah Code 53-3-510. Instructors certified to administer skills tests

(1)

Terms Used In Utah Code 53-3-510

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

Process: means a writ or summons issued in the course of a judicial proceeding. See 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
(a)	The division shall establish procedures and standards to certify licensed instructors of driver training courses under this part to administer skills tests.

(b)	An instructor may not administer a skills test under this section to a student that took the course from the same school or the same instructor.

(2)	The division is the certifying authority.

(3)

(a)	Subject to Subsection (1), an instructor certified under this section may give skills tests designed for driver training courses authorized under this part.

(b)	The division shall establish minimal standards for the test that is at least as difficult as those required to receive a class D operator’s license under Title 53, Chapter 3, Uniform Driver License Act.

(c)	A student who fails the skills test given by an instructor certified under this section may apply for a class D operator’s license under 2, and complete the skills test at a division office.

(4)	A student who successfully passes the test given by a certified driver training instructor under this section satisfies the driving parts of the test required for a class D operator’s license.

(5)	The division shall establish procedures to enable licensed commercial driver training schools to administer or process the skills test authorized under this section for a class D operator’s license.

(6)	The division shall establish the standards and procedures required under this section by rules made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

Amended by Chapter 382, 2008 General Session

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