§ 53-3-401 Short title
§ 53-3-401.1 Conflict with Federal Motor Carrier Safety Regulations
§ 53-3-402 Definitions
§ 53-3-403 Superseding clause
§ 53-3-404 Requirements to drive commercial motor vehicle
§ 53-3-405 Authority to drive commercial motor vehicle in Utah
§ 53-3-406 Commercial motor vehicle driver — Only one license
§ 53-3-407 Qualifications for commercial driver license — Fee — Third parties may administer skills test
§ 53-3-407.1 Commercial driver license third party tester or third party examiner license — Fingerprint background check required
§ 53-3-408 Qualifications for commercial driver instruction permit
§ 53-3-410 Applicant information required for CDIP and CDL — State resident to have state CDL
§ 53-3-410.1 Medical certification requirements
§ 53-3-411 Description of CDL — Information to be included
§ 53-3-412 CDL classifications, endorsements, and restrictions
§ 53-3-413 Issuance of CDL by division — Driving record — Expiration date — Renewal — Hazardous materials provision
§ 53-3-414 CDL disqualification or suspension — Grounds and duration — Procedure
§ 53-3-415 Limitations on employment of commercial motor vehicle drivers
§ 53-3-416 Driving record and other information to be provided to employer
§ 53-3-417 Measurable alcohol amount consumed — Penalty — Refusal to take test for alcohol
§ 53-3-418 Prohibited alcohol level for drivers — Procedures, including hearing
§ 53-3-419 Nonresident driver violations reported to resident state
§ 53-3-420 Driver’s driving record available for certain purposes

Terms Used In Utah Code > Title 53 > Chapter 3 > Part 4

  • Act: means a voluntary bodily movement and includes speech. See Utah Code 76-1-601
  • Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-601
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Alcohol: means any substance containing any form of alcohol, including ethanol, methanol, propanol, and isopropanol. See Utah Code 53-3-402
  • Alcohol concentration: means the number of grams of alcohol per:
    (a) 100 milliliters of blood;
    (b) 210 liters of breath; or
    (c) 67 milliliters of urine. See Utah Code 53-3-402
  • alien: means an individual who is illegally present in the United States. See Utah Code 76-10-2901
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Armed forces: means the United States Army, Navy, Air Force, Marine Corps, and Coast Guard. See Utah Code 68-3-12.5
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Attempt to monopolize: means action taken without a legitimate business purpose and with a specific intent of destroying competition or controlling prices to substantially lessen competition, or creating a monopoly, where there is a dangerous probability of creating a monopoly. See Utah Code 76-10-3103
  • Attorney general: means the attorney general of the state or one of the attorney general's assistants. See Utah Code 76-10-3103
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bank: means an agent, agency, or office in this state of a person doing business in any one of the following capacities:
    (a) a commercial bank or trust company organized under the laws of this state or of the United States;
    (b) a private bank;
    (c) a savings and loan association or a building and loan association organized under the laws of the United States;
    (d) an insured institution as defined in Section 401 of the National Housing Act;
    (e) a savings bank, industrial bank, or other thrift institution;
    (f) a credit union organized under the laws of this state or of the United States; or
    (g) any other organization chartered under Title 7, Financial Institutions Act, and subject to the supervisory authority set forth in that title. See Utah Code 76-10-1902
  • Business: means a retail business dealing in tangible personal property. See Utah Code 76-10-2401
  • Cancellation: means the termination by the division of a license issued through error or fraud or for which consent under Section 53-3-211 has been withdrawn. See Utah Code 53-3-102
  • CDIP: means a commercial learner permit:
    (a) issued under Section 53-3-408; or
    (b) issued by a state or other jurisdiction of domicile in compliance with the standards contained in 49 C. See Utah Code 53-3-102
  • 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
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • 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 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
  • Commodity: includes any product of the soil, any article of merchandise or trade or commerce, and any other kind of real or personal property. See Utah Code 76-10-3103
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conduct: means an act or omission. See Utah Code 76-1-601
  • Contract: A legal written agreement that becomes binding when signed.
  • Controlled substance: means any substance so classified under Section 102(6) of the Controlled Substance Act, 21 U. See Utah Code 53-3-402
  • Conviction: A judgement of guilt against a criminal defendant.
  • Conviction: means any of the following:
    (a) an unvacated adjudication of guilt or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or an administrative proceeding;
    (b) an unvacated forfeiture of bail or collateral deposited to secure a person's appearance in court;
    (c) a plea of guilty or nolo contendere accepted by the court;
    (d) the payment of a fine or court costs; or
    (e) violation of a condition of release without bail, regardless of whether the penalty is rebated, suspended, or probated. See Utah Code 53-3-102
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Currency: includes United States silver certificates, United States notes, Federal Reserve notes, and foreign bank notes customarily used and accepted as a medium of exchange in a foreign country. See Utah Code 76-10-1902
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • denied: means the withdrawal of a driving privilege by the division to which the provisions of Title 41, Chapter 12a, Part 4, Proof of Owner's or Operator's Security, do not apply. See Utah Code 53-3-102
  • Department: means the Department of Public Safety created in Section 53-1-103. See Utah Code 53-1-102
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Disqualification: means either:
    (a) the suspension, revocation, cancellation, denial, or any other withdrawal by a state of a person's privileges to drive a commercial motor vehicle;
    (b) a determination by the Federal Highway Administration, under 49 C. 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
  • Downgrade: means to obtain a lower license class than what was originally issued during an existing license cycle. See Utah Code 53-3-102
  • Drive: means :
    (a) to operate or be in physical control of a motor vehicle upon a highway; and
    (b) in Subsections 53-3-414(1) through (3), Subsection 53-3-414(5), and Sections 53-3-417 and 53-3-418, the operation or physical control of a motor vehicle at any place within the state. See Utah Code 53-3-102
  • driver: includes any person who is required to hold a CDL under Part 4, Uniform Commercial Driver License Act, 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
  • 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.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Felony: means any offense under state or federal law that is punishable by death or imprisonment for a term of more than one year. See Utah Code 53-3-402
  • Financial institution: means an agent, agency, branch, or office within this state of a person doing business, whether or not on a regular basis or as an organized business concern, in one or more of the following capacities:
    (a) a bank, except bank credit card systems;
    (b) a broker or dealer in securities;
    (c) a currency dealer or exchanger, including a person engaged in the business of check cashing;
    (d) an issuer, seller, or redeemer of travelers checks or money orders, except as a selling agent exclusively who does not sell more than $150,000 of the instruments within any 30-day period;
    (e) a licensed transmitter of funds or other person engaged in the business of transmitting funds;
    (f) a telegraph company;
    (g) a person subject to supervision by a state or federal supervisory authority; or
    (h) the United States Postal Service regarding the sale of money orders. See Utah Code 76-10-1902
  • Financial transaction: means a transaction:
    (a) involving the movement of funds by wire or other means or involving one or more monetary instruments, which in any way or degree affects commerce; or
    (b) involving the use of a financial institution that is engaged in, or its activities affect commerce in any way or degree. See Utah Code 76-10-1902
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Foreign jurisdiction: means any jurisdiction other than the United States or a state of the United States. See Utah Code 53-3-402
  • Fraud: Intentional deception resulting in injury to another.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Guardian: includes a person who:Utah Code 68-3-12.5
  • GVWR: means the value specified by the manufacturer as the maximum loaded weight of a single vehicle or GVWR of a combination or articulated vehicle, and includes the GVWR of the power unit plus the total weight of all towed units and the loads on those units. See Utah Code 53-3-402
  • Highway: means the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public, as a matter of right, for traffic. See Utah Code 53-3-102
  • Imminent hazard: means the existence of a condition, practice, or violation that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment is expected to occur immediately, or before the condition, practice, or violation can be abated. See Utah Code 53-3-402
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • 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.
  • Land: includes :Utah Code 68-3-12.5
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint
  • 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
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Manufacturer: means the producer or originator of any commodity or service. See Utah Code 76-10-3103
  • Medical certification status: means the medical certification of a commercial driver license holder or commercial motor vehicle operator in any of the following categories:
    (a) Non-excepted interstate. See Utah Code 53-3-402
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Monetary instruments: means coins or currency of the United States or of another country, travelers checks, personal checks, bank checks, money orders, and investment securities or negotiable instruments in bearer form or in other form so that title passes upon delivery. See Utah Code 76-10-1902
  • Motor vehicle: means the same as that term is defined in Section 41-1a-102. See Utah Code 53-3-102
  • MVR: means a driving record under Subsection 53-3-109(6)(a). See Utah Code 53-3-102
  • NDR: means the National Driver Register. See Utah Code 53-3-402
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Oath: includes "affirmation. See Utah Code 68-3-12.5
  • Offense: means a violation of any penal statute of this state. See Utah Code 76-1-601
  • Omission: means a failure to act when there is a legal duty to act and the actor is capable of acting. See Utah Code 76-1-601
  • Operate: means the same as that term is defined in Section 41-1a-102. See Utah Code 53-3-102
  • Out-of-service order: means a temporary prohibition against driving a commercial motor vehicle. See Utah Code 53-3-402
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Peace officer: means any officer certified in accordance with Title 53, Chapter 13, Peace Officer Classifications. See Utah Code 53-1-102
  • Person: means an individual, corporation, partnership, trust or estate, joint stock company, association, syndicate, joint venture, or other unincorporated organization or group, and all other entities cognizable as legal personalities. See Utah Code 76-10-1902
  • Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-601
  • Person: means :Utah Code 68-3-12.5
  • Personal property: includes :Utah Code 68-3-12.5
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Possess: means to have physical possession of or to exercise dominion or control over tangible property. See Utah Code 76-1-601
  • Proceeds: means property acquired or derived directly or indirectly from, produced through, realized through, or caused by an act or omission and includes property of any kind. See Utah Code 76-10-1902
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Property: means anything of value, and includes an interest in property, including a benefit, privilege, land, or right with respect to anything of value, whether real or personal, tangible or intangible. See Utah Code 76-10-1902
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Renewal: means to validate a license certificate so that it expires at a later date. See Utah Code 53-3-102
  • Research: means studious and serious inquiry, examination, investigation, or experimentation aimed at the discovery, examination, or accumulation of facts, data, devices, theories, technologies, or applications done for any public, governmental, proprietorial, or teaching purpose. See Utah Code 76-10-2001
  • Research facility: means any building, or separately secured yard, pad, pond, laboratory, pasture, pen, or corral which is not open to the public, the major use of which is to conduct research, to house research subjects, to store supplies, equipment, samples, specimens, records, data, prototypes, or other property used in or generated from research. See Utah Code 76-10-2001
  • Resident: means an individual who:
    (i) has established a domicile in this state, as defined in Section 41-1a-202, or regardless of domicile, remains in this state for an aggregate period of six months or more during any calendar year;
    (ii) engages in a trade, profession, or occupation in this state, or who accepts employment in other than seasonal work in this state, and who does not commute into the state;
    (iii) declares himself to be a resident of this state by obtaining a valid Utah driver license certificate or motor vehicle registration; or
    (iv) declares himself a resident of this state to obtain privileges not ordinarily extended to nonresidents, including going to school, or placing children in school without paying nonresident tuition or fees. See Utah Code 53-3-102
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Revocation: means the termination by action of the division of a licensee's privilege to drive a motor vehicle. See Utah Code 53-3-102
  • School bus: means a commercial motor vehicle used to transport pre-primary, primary, or secondary school students to and from home and school, or to and from school sponsored events. See Utah Code 53-3-102
  • Serious traffic violation: means a conviction of any of the following:
    (a) speeding 15 or more miles per hour above the posted speed limit;
    (b) reckless driving as defined by state or local law;
    (c) improper or erratic traffic lane changes;
    (d) following the vehicle ahead too closely;
    (e) any other motor vehicle traffic law which arises in connection with a fatal traffic accident;
    (f) operating a commercial motor vehicle without a CDL or a CDIP;
    (g) operating a commercial motor vehicle without the proper class of CDL or CDL endorsement for the type of vehicle group being operated or for the passengers or cargo being transported;
    (h) operating a commercial motor vehicle without a CDL or CDIP license certificate in the driver's possession in violation of Section 53-3-404;
    (i) using a handheld wireless communication device in violation of Section 41-6a-1716 while operating a commercial motor vehicle; or
    (j) using a hand-held mobile telephone while operating a commercial motor vehicle in violation of 49 C. See Utah Code 53-3-402
  • Service: includes any activity that is performed in whole or in part for the purpose of financial gain including, but not limited to, personal service, professional service, rental, leasing or licensing for use. See Utah Code 76-10-3103
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • Specified unlawful activity: means an unlawful activity defined as an unlawful activity in Section 76-10-1602, except an illegal act under Title 18, Section 1961(1)(B), (C), and (D), United States Code, and includes activity committed outside this state which, if committed within this state, would be unlawful activity. See Utah Code 76-10-1902
  • 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
  • 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
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subpoena: A command to a witness to appear and give testimony.
  • Suspension: means the temporary withdrawal by action of the division of a licensee's privilege to drive a motor vehicle. See Utah Code 53-3-102
  • Testify: means to make an oral statement under oath or affirmation. See Utah Code 68-3-12.5
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Trade or commerce: includes all economic activity involving, or relating to, any commodity, service, or business activity, including the cost of exchange or transportation. See Utah Code 76-10-3103
  • transaction: includes a deposit, withdrawal, transfer between accounts, exchange of currency, loan, extension of credit, purchase or sale of a stock, bond, certificate of deposit, or other monetary instrument, or any other payment, transfer, or delivery by, through, or to a financial institution, by whatever means effected. See Utah Code 76-10-1902
  • Transaction in currency: means a transaction involving the physical transfer of currency from one person to another. See Utah Code 76-10-1902
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • United States: means the 50 states and the District of Columbia. 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
  • Verdict: The decision of a petit jury or a judge.
  • Veteran: means an individual who:Utah Code 68-3-12.5
  • Writing: includes :Utah Code 68-3-12.5
  • written: includes any handwriting, typewriting, printing, electronic storage or transmission, or any other method of recording information or fixing information in a form capable of being preserved. See Utah Code 76-1-601
  • logo