53-3-102 - Definitions.
53-3-102. Definitions.
As used in this chapter:
(1) "Cancellation" means the termination by the division of a license issued through erroror fraud or for which consent under Section 53-3-211 has been withdrawn.
(2) "Class D license" means the class of license issued to drive motor vehicles notdefined as commercial motor vehicles or motorcycles under this chapter.
(3) "Commercial driver license" or "CDL" means a license:
(a) issued substantially in accordance with the requirements of Title XII, Pub. L. 99-570,the Commercial Motor Vehicle Safety Act of 1986, and in accordance with Part 4, UniformCommercial Driver License Act, which authorizes the holder to drive a class of commercialmotor vehicle; and
(b) that was obtained by providing evidence of lawful presence in the United States withone of the document requirements described in Subsection 53-3-410(1)(i)(i).
(4) (a) "Commercial motor vehicle" means a motor vehicle or combination of motorvehicles 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 asdetermined 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 accordancewith 49 C.F.R. Part 172, Subpart F.
(b) The following vehicles are not considered a commercial motor vehicle for purposesof Part 4, Uniform Commercial Driver License Act:
(i) equipment owned and operated by the United States Department of Defense whendriven by any active duty military personnel and members of the reserves and national guard onactive duty including personnel on full-time national guard duty, personnel on part-time training,and national guard military technicians and civilians who are required to wear military uniformsand are subject to the code of military justice;
(ii) vehicles controlled and driven by a farmer to transport agricultural products, farmmachinery, or farm supplies to or from a farm within 150 miles of his farm but not in operationas a motor carrier for hire;
(iii) firefighting and emergency vehicles; and
(iv) recreational vehicles that are not used in commerce and are driven solely as family orpersonal conveyances for recreational purposes.
(5) "Conviction" means any of the following:
(a) an unvacated adjudication of guilt or a determination that a person has violated orfailed 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 appearancein 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 isrebated, suspended, or probated.
(6) "Denial" or "denied" means the withdrawal of a driving privilege by the division towhich the provisions of Title 41, Chapter 12a, Part 4, Proof of Owner's or Operator's Security, donot apply.
(7) "Director" means the division director appointed under Section 53-3-103.
(8) "Disqualification" means either:
(a) the suspension, revocation, cancellation, denial, or any other withdrawal by a state ofa person's privileges to drive a commercial motor vehicle;
(b) a determination by the Federal Highway Administration, under 49 C.F.R. Part 386,that a person is no longer qualified to drive a commercial motor vehicle under 49 C.F.R. Part391; or
(c) the loss of qualification that automatically follows conviction of an offense listed in49 C.F.R. Part 383.51.
(9) "Division" means the Driver License Division of the department created in Section53-3-103.
(10) "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 Sections53-3-417 and 53-3-418, the operation or physical control of a motor vehicle at any place withinthe state.
(11) (a) "Driver" means any person who drives, or is in actual physical control of a motorvehicle in any location open to the general public for purposes of vehicular traffic.
(b) In Part 4, Uniform Commercial Driver License Act, "driver" includes any person whois required to hold a CDL under Part 4 or federal law.
(12) "Driving privilege card" means the evidence of the privilege granted and issuedunder this chapter to drive a motor vehicle to a person whose privilege was obtained withoutproviding evidence of lawful presence in the United States.
(13) "Extension" means a renewal completed in a manner specified by the division.
(14) "Farm tractor" means every motor vehicle designed and used primarily as a farmimplement for drawing plows, mowing machines, and other implements of husbandry.
(15) "Highway" means the entire width between property lines of every way or place ofany nature when any part of it is open to the use of the public, as a matter of right, for traffic.
(16) "Identification card" means an identification card issued under this chapter to aperson whose card was obtained by providing evidence of lawful presence in the United Stateswith one of the document requirements described in Subsection 53-3-804(2)(i)(i).
(17) "Indigent" means that a person's income falls below the federal poverty guidelineissued annually by the U.S. Department of Health and Human Services in the Federal Register.
(18) "License" means the privilege to drive a motor vehicle.
(19) (a) "License certificate" means the evidence of the privilege issued under thischapter to drive a motor vehicle.
(b) "License certificate" evidence includes a:
(i) regular license certificate;
(ii) limited-term license certificate;
(iii) driving privilege card;
(iv) CDL license certificate; and
(v) limited-term CDL license certificate.
(20) "Limited-term commercial driver license" or "limited-term CDL" means a license:
(a) issued substantially in accordance with the requirements of Title XII, Pub. L. 99-570, the Commercial Motor Vehicle Safety Act of 1986, and in accordance with Part 4,
Uniform Commercial Driver License Act, which authorizes the holder to drive a class ofcommercial motor vehicle; and
(b) that was obtained by providing evidence of lawful presence in the United States withone of the document requirements described in Subsection 53-3-410(1)(i)(ii).
(21) "Limited-term identification card" means an identification card issued under thischapter to a person whose card was obtained by providing evidence of lawful presence in theUnited States with one of the document requirements described in Subsection 53-3-804(2)(i)(ii).
(22) "Limited-term license certificate" means the evidence of the privilege granted andissued under this chapter to drive a motor vehicle to a person whose privilege was obtainedproviding evidence of lawful presence in the United States with one of the documentrequirements described in Subsection 53-3-205(8)(a)(ii)(B).
(23) "Motorboat" has the same meaning as provided under Section 73-18-2.
(24) "Motorcycle" means every motor vehicle, other than a tractor, having a seat orsaddle for the use of the rider and designed to travel with not more than three wheels in contactwith the ground.
(25) "Office of Recovery Services" means the Office of Recovery Services, created inSection 62A-11-102.
(26) (a) "Owner" means a person other than a lienholder having an interest in theproperty or title to a vehicle.
(b) "Owner" includes a person entitled to the use and possession of a vehicle subject to asecurity interest in another person but excludes a lessee under a lease not intended as security.
(27) "Regular license certificate" means the evidence of the privilege issued under thischapter to drive a motor vehicle whose privilege was obtained by providing evidence of lawfulpresence in the United States with one of the document requirements described in Subsection53-3-205(8)(a)(ii)(A).
(28) "Renewal" means to validate a license certificate so that it expires at a later date.
(29) "Reportable violation" means an offense required to be reported to the division asdetermined by the division and includes those offenses against which points are assessed underSection 53-3-221.
(30) (a) "Resident" means an individual who:
(i) has established a domicile in this state, as defined in Section 41-1a-202, or regardlessof domicile, remains in this state for an aggregate period of six months or more during anycalendar year;
(ii) engages in a trade, profession, or occupation in this state, or who accepts employmentin 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 licensecertificate or motor vehicle registration; or
(iv) declares himself a resident of this state to obtain privileges not ordinarily extended tononresidents, including going to school, or placing children in school without paying nonresidenttuition or fees.
(b) "Resident" does not include any of the following:
(i) a member of the military, temporarily stationed in this state;
(ii) an out-of-state student, as classified by an institution of higher education, regardlessof whether the student engages in any type of employment in this state;
(iii) a person domiciled in another state or country, who is temporarily assigned in this
state, assigned by or representing an employer, religious or private organization, or agovernmental entity; or
(iv) an immediate family member who resides with or a household member of a personlisted in Subsections (30)(b)(i) through (iii).
(31) "Revocation" means the termination by action of the division of a licensee'sprivilege to drive a motor vehicle.
(32) (a) "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 schoolsponsored events.
(b) "School bus" does not include a bus used as a common carrier as defined in Section59-12-102.
(33) "Suspension" means the temporary withdrawal by action of the division of alicensee's privilege to drive a motor vehicle.
(34) "Taxicab" means any class D motor vehicle transporting any number of passengersfor hire and that is subject to state or federal regulation as a taxi.
Amended by Chapter 45, 2009 General Session
Amended by Chapter 315, 2009 General Session
Amended by Chapter 356, 2009 General Session