53-3-205 - Application for license or endorsement -- Fee required -- Tests -- Expiration dates of licenses and endorsements -- Information required -- Previous licenses surrendered -- Driving record t
53-3-205. Application for license or endorsement -- Fee required -- Tests --Expiration dates of licenses and endorsements -- Information required -- Previous licensessurrendered -- Driving record transferred from other states -- Reinstatement -- Feerequired -- License agreement.
(1) An application for any original license, provisional license, or endorsement shall be:
(a) made upon a form furnished by the division; and
(b) accompanied by a nonrefundable fee set under Section 53-3-105.
(2) An application and fee for an original provisional class D license or an original classD license entitle the applicant to:
(a) not more than three attempts to pass both the knowledge and the skills tests for a classD license within six months of the date of the application;
(b) a learner permit if needed pending completion of the application and testing process;and
(c) an original class D license and license certificate after all tests are passed.
(3) An application and fee for a motorcycle or taxicab endorsement entitle the applicantto:
(a) not more than three attempts to pass both the knowledge and skills tests within sixmonths of the date of the application;
(b) a motorcycle learner permit after the motorcycle knowledge test is passed; and
(c) a motorcycle or taxicab endorsement when all tests are passed.
(4) An application and fees for a commercial class A, B, or C license entitle the applicantto:
(a) not more than two attempts to pass a knowledge test and not more than two attemptsto pass a skills test within six months of the date of the application;
(b) a commercial driver instruction permit if needed after the knowledge test is passed;and
(c) an original commercial class A, B, or C license and license certificate when allapplicable tests are passed.
(5) An application and fee for a CDL endorsement entitle the applicant to:
(a) not more than two attempts to pass a knowledge test and not more than two attemptsto pass a skills test within six months of the date of the application; and
(b) a CDL endorsement when all tests are passed.
(6) If a CDL applicant does not pass a knowledge test, skills test, or an endorsement testwithin the number of attempts provided in Subsection (4) or (5), each test may be taken twoadditional times within the six months for the fee provided in Section 53-3-105.
(7) (a) Except as provided under Subsections (7)(f), (g), and (h), an original licenseexpires on the birth date of the applicant in the fifth year following the year the license certificatewas issued.
(b) Except as provided under Subsections (7)(f), (g), and (h), a renewal or an extension toa license expires on the birth date of the licensee in the fifth year following the expiration date ofthe license certificate renewed or extended.
(c) Except as provided under Subsections (7)(f) and (g), a duplicate license expires onthe same date as the last license certificate issued.
(d) An endorsement to a license expires on the same date as the license certificateregardless of the date the endorsement was granted.
(e) A regular license certificate and any endorsement to the regular license certificateheld by a person ordered to active duty and stationed outside Utah in any of the armed forces ofthe United States or by an immediate family member or dependent who is residing outside of thestate, which expires during the time period the person is stationed outside of the state, is validuntil 90 days after the person's orders have been terminated or the person has been discharged,unless:
(i) the license is suspended, disqualified, denied, or has been cancelled or revoked by thedivision; or
(ii) the licensee updates the information or photograph on the license certificate.
(f) A limited-term license certificate or a renewal to a limited-term license certificateexpires:
(i) on the expiration date of the period of time of the individual's authorized stay in theUnited States or on the date provided under this Subsection (7), whichever is sooner; or
(ii) on the birth date of the applicant in the first year following the year that thelimited-term license certificate was issued if there is no definite end to the individual's period ofauthorized stay.
(g) A driving privilege card issued or renewed under Section 53-3-207 expires on thebirth date of the applicant in the first year following the year that the driving privilege card wasissued or renewed.
(h) An original license or a renewal to an original license expires on the birth date of theapplicant in the first year following the year that the license was issued if the applicant is requiredto register as a sex offender under Section 77-27-21.5.
(8) (a) In addition to the information required by Title 63G, Chapter 4, AdministrativeProcedures Act, for requests for agency action, each applicant shall:
(i) provide the applicant's:
(A) full legal name;
(B) birth date;
(C) gender;
(D) (I) documentary evidence of the applicant's valid Social Security number;
(II) written proof that the applicant is ineligible to receive a Social Security number;
(III) temporary identification number (ITIN) issued by the Internal Revenue Service for aperson who:
(Aa) does not qualify for a Social Security number; and
(Bb) is applying for a driving privilege card; or
(IV) other documentary evidence approved by the division; and
(E) Utah residence address as documented by a form or forms acceptable under rulesmade by the division under Section 53-3-104, unless the application is for a temporary CDLissued under Subsection 53-3-407(2)(b);
(ii) provide evidence of the applicant's lawful presence in the United States by providingdocumentary evidence:
(A) that a person is:
(I) a United States citizen;
(II) a national; or
(III) a legal permanent resident alien; or
(B) of the applicant's:
(I) unexpired immigrant or nonimmigrant visa status for admission into the UnitedStates;
(II) pending or approved application for asylum in the United States;
(III) admission into the United States as a refugee;
(IV) pending or approved application for temporary protected status in the United States;
(V) approved deferred action status; or
(VI) pending application for adjustment of status to legal permanent resident orconditional resident;
(iii) provide a description of the applicant;
(iv) state whether the applicant has previously been licensed to drive a motor vehicleand, if so, when and by what state or country;
(v) state whether the applicant has ever had any license suspended, cancelled, revoked,disqualified, or denied in the last 10 years, or whether the applicant has ever had any licenseapplication refused, and if so, the date of and reason for the suspension, cancellation, revocation,disqualification, denial, or refusal;
(vi) state whether the applicant intends to make an anatomical gift under Title 26,Chapter 28, Revised Uniform Anatomical Gift Act, in compliance with Subsection (15);
(vii) state whether the applicant is required to register as a sex offender under Section77-27-21.5;
(viii) state whether the applicant is a military veteran and does or does not authorizesharing the information with the state Department of Veterans' Affairs;
(ix) provide all other information the division requires; and
(x) sign the application which signature may include an electronic signature as defined inSection 46-4-102.
(b) Each applicant shall have a Utah residence address, unless the application is for atemporary CDL issued under Subsection 53-3-407(2)(b).
(c) Each applicant shall provide evidence of lawful presence in the United States inaccordance with Subsection (8)(a)(ii), unless the application is for a driving privilege card.
(d) The division shall maintain on its computerized records an applicant's:
(i) (A) Social Security number;
(B) temporary identification number (ITIN); or
(C) other number assigned by the division if Subsection (8)(a)(i)(D)(IV) applies; and
(ii) indication whether the applicant is required to register as a sex offender underSection 77-27-21.5.
(9) The division shall require proof of every applicant's name, birthdate, and birthplaceby at least one of the following means:
(a) current license certificate;
(b) birth certificate;
(c) Selective Service registration; or
(d) other proof, including church records, family Bible notations, school records, or otherevidence considered acceptable by the division.
(10) (a) Except as provided in Subsection (10)(b), when an applicant receives a license inanother class, all previous license certificates shall be surrendered and canceled.
(b) A disqualified commercial license may not be canceled unless it expires before thenew license certificate is issued.
(11) (a) When an application is received from a person previously licensed in anotherstate to drive a motor vehicle, the division shall request a copy of the driver's record from theother state.
(b) When received, the driver's record becomes part of the driver's record in this statewith the same effect as though entered originally on the driver's record in this state.
(12) An application for reinstatement of a license after the suspension, cancellation,disqualification, denial, or revocation of a previous license shall be accompanied by theadditional fee or fees specified in Section 53-3-105.
(13) A person who has an appointment with the division for testing and fails to keep theappointment or to cancel at least 48 hours in advance of the appointment shall pay the fee underSection 53-3-105.
(14) A person who applies for an original license or renewal of a license agrees that theperson's license is subject to any suspension or revocation authorized under this title or Title 41,Motor Vehicles.
(15) (a) The indication of intent under Subsection (8)(a)(vi) shall be authenticated by thelicensee in accordance with division rule.
(b) (i) Notwithstanding Title 63G, Chapter 2, Government Records Access andManagement Act, the division may, upon request, release to an organ procurement organization,as defined in Section 26-28-102, the names and addresses of all persons who under Subsection(8)(a)(vi) indicate that they intend to make an anatomical gift.
(ii) An organ procurement organization may use released information only to:
(A) obtain additional information for an anatomical gift registry; and
(B) inform licensees of anatomical gift options, procedures, and benefits.
(16) Notwithstanding Title 63G, Chapter 2, Government Records Access andManagement Act, the division may release to the Department of Veterans' Affairs the names andaddresses of all persons who indicate their status as a veteran under Subsection (8)(a)(viii).
(17) The division and its employees are not liable, as a result of false or inaccurateinformation provided under Subsection (8)(a)(vi) or(viii), for direct or indirect:
(a) loss;
(b) detriment; or
(c) injury.
(18) A person who knowingly fails to provide the information required under Subsection(8)(a)(vii) is guilty of a class A misdemeanor.
Amended by Chapter 95, 2010 General Session