53-3-305 - Notification of impaired person to the division -- Confidentiality of notification -- Rulemaking -- Penalty.
53-3-305. Notification of impaired person to the division -- Confidentiality ofnotification -- Rulemaking -- Penalty.
(1) A person who is aware of a physical, mental, or emotional impairment of anotherperson that appears to present an imminent threat to driving safety may notify the division of theimpairment.
(2) If the division determines that the notification made under Subsection (1) was madein good faith, the division may require the person who is the subject of the notification to submitto:
(a) one or more medical reports under Subsection 53-3-304(1);
(b) a physical and mental fitness test under Section 53-3-206;
(c) the knowledge test required by the division; or
(d) the skills test approved by the division.
(3) (a) A person making a notification under Subsection (1) may request that thenotification be confidential.
(b) If requested by the person notifying the division, the notification provided under thissection relating to a physical, mental, or emotional impairment is classified as a protected recordunder Title 63G, Chapter 2, Government Records Access and Management Act, and the identityof the person notifying the division may not be disclosed by the division.
(c) The division may not accept an anonymous notification under this section.
(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, thedivision shall make rules establishing procedures for making a protected notification under thissection to ensure that the notification is made in good faith.
(5) A person who makes a notification with the intent to annoy, intimidate, or harass theperson that is the subject of the notification is guilty of a class C misdemeanor.
Enacted by Chapter 88, 2008 General Session