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H.B. 371
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DRIVER EDUCATION TESTS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Melvin R. Brown
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AN ACT RELATING TO PUBLIC SAFETY; AMENDING DRIVER LICENSE TESTING
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PROVISIONS; AND PROVIDING AN EFFECTIVE DATE.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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53-3-104, as last amended by Chapters 28 and 314, Laws of Utah 1995
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ENACTS:
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53-3-510, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
53-3-104
is amended to read:
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53-3-104. Division duties.
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(1) The division shall:
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(a) make rules:
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(i) for examining applicants for a license, as necessary for the safety and welfare of the
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traveling public;
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(ii) regarding the restrictions to be imposed on a person driving a motor vehicle with a
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temporary learner permit; and
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(iii) for exemptions from licensing requirements as authorized in this chapter;
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(b) examine each applicant according to the class of license applied for;
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(c) license motor vehicle drivers;
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(d) file every application for a license received by it and shall maintain indices containing:
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(i) all applications denied and the reason each was denied;
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(ii) all applications granted; and
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(iii) the name of every licensee whose license has been suspended, disqualified, or revoked
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by the division and the reasons for the action;
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(e) suspend, revoke, disqualify, cancel, or deny any license issued in accordance with this
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chapter;
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(f) file all accident reports and abstracts of court records of convictions received by it
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under state law;
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(g) maintain a record of each licensee showing his convictions and the traffic accidents in
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which he has been involved where a conviction has resulted;
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(h) consider the record of a licensee upon an application for renewal of a license and at
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other appropriate times;
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(i) search the license files, compile, and furnish a report on the driving record of any
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person licensed in the state when requested by any person;
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(j) develop and implement a record system as required by Section
41-6-48.5
;
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(k) in accordance with Section
53A-13-208
, establish:
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(i) procedures and standards to certify teachers of driver education classes to administer
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written and driving tests;
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(ii) minimal standards for the [driver education class] tests; and
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(iii) procedures to enable school districts to administer or process any tests for students
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to receive a class D operator's license;
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(l) in accordance with Section
53-3-510
, establish:
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(i) procedures and standards to certify licensed instructors of commercial driver training
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school courses to administer the skills test;
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(ii) minimal standards for the test; and
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(iii) procedures to enable licensed commercial driver training schools to administer or
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process skills tests for students to receive a class D operator's license;
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[(l)] (m) provide administrative support to the Driver License Medical Advisory Board
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created in Section
53-3-303
; and
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[(m)] (n) provide drivers license information, including photograph, and drivers history
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to licensed private investigators upon written request.
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(2) The division may:
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(a) collect fees under Section
53-3-105
for searching and compiling its files or furnishing
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a report on the driving record of a person; and
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(b) prepare under the seal of the division and deliver upon request, a certified copy of any
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record of the division, and charge a fee under Section
63-38-3.2
for each document authenticated.
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(3) Each certified copy of a driving record furnished under Subsection (1)(i) is admissible
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in any court proceeding in the same manner as the original.
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Section 2.
Section
53-3-510
is enacted to read:
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53-3-510. Instructors certified to administer skills tests.
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(1) (a) The division shall establish procedures and standards to certify licensed instructors
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of driver training courses under this part to administer skills tests.
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(b) An instructor may not administer a skills test under this section to a student that took
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the course from the same school or the same instructor.
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(2) The division is the certifying authority.
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(3) (a) Subject to Subsection (1), an instructor certified under this section may give skills
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tests designed for driver training courses authorized under this part.
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(b) The division shall establish minimal standards for the test that is at least as difficult
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as those required to receive a class D operator's license under Title 53, Chapter 3, Uniform Driver
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License Act.
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(c) A student who fails the skills test given by an instructor certified under this section may
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apply for a class D operator's license under Title 53, Chapter 3, Part 2, Driver Licensing Act, and
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complete the skills test at a division office.
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(4) A student who successfully passes the test given by a certified driver training instructor
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under this section satisfies the driving parts of the test required for a class D operator's license.
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(5) The division shall establish procedures to enable licensed commercial driver training
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schools to administer or process the skills test authorized under this section for a class D operator's
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license.
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(6) The division shall establish the standards and procedures required under this section
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by rules made in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
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Section 3. Effective date.
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This act takes effect on July 1, 2000.
Legislative Review Note
as of 1-31-00 5:16 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.