DRIVER LICENSE LAW AND HEARINGS

Question 1

♦ Circumstances where a driver license will not be issued UCA 53-3-204

Answer 1

• A person younger than 16 years of age
• Applicant has not completed a course in driver training approved by the
Commissioner of Department of Public Safety
• The person is a minor and has not completed the driving requirement

Question 2

♦ Persons who are not required to obtain a Utah driver license or who are
exempt from licensing requirements UCA 53-3-202

Answer 2

• Driving an official United States Government class D motor vehicle with
the permit for that vehicle
• Driving a road roller, road machinery, or any farm tractor or implement of
husbandry temporarily drawn or moved on the highways
• A nonresident who is 16 and younger than 18 and has in possession a valid
license certificate issued by the nonresident’s state or country
• Driving under a learner permit in accordance with section UCA 53-3-
210.5
• Driving with a temporary license issued in accordance with section
UCA 53-3-207
• Persons operating a motor assisted scooter, moped, or electric personal
assistive mobility device as described in UCA 41-6a-102

Question 3

♦ Rights and requirements of a learner permit to operate a motor vehicle UCA
53-3-210.5

Answer 3

• Applicant is at least 15 years of age
 Permit entitles applicant 18 years of age or older to operate a class D
vehicle if a person 21 years of age or older is licensed and occupying a
seat beside an applicant

Question 4

• Permit entitles applicant who is younger than 18 years of age to operate a
class D vehicle when:

Answer 4

 An approved driving instructor is occupying a seat beside applicant
 The applicant’s parent or guardian who is licensed or a responsible
adult who has signed for the applicant is occupying a seat beside the
applicant

Question 5

• The division shall issue a learner permit to an applicant who:

Answer 5

 Is at least 15 years of age
 Has passed the knowledge, physical, and mental fitness tests
 Paid the fee for a learner permit
o The application fee entitles the applicant to: Take the knowledge
test no more than three times

Question 6

• A class D license may be issued upon

Answer 6

 Completing a driver education course
 Passing a skills test
 Reaching 16 years of age, and
 Paying the fee for the class D license

Question 7

♦ Licensing requirements to operate a motorcycle UCA 53-3-210.6

Answer 7

• A motorcycle learner permit may be issued for six months to applicants
who:
 Hold an original class D, Commercial Driver License (CDL), or an out
of state equivalent
 Has passed the motorcycle knowledge test

Question 8

 For the first two months from the issue date the operator may not operate the motorcycle:

Answer 8

• On a highway with a speed limit of more than 60 miles per hour
• With passengers or after 10 p.m. or before 6 a.m.
 For the third through sixth months from the date of issuance, the
motorcycle operator may ride without any of the above restrictions

Question 9

• Affirmative defenses to the charge of violating these restrictions include the operator:

Answer 9

 Was driving between the operator’s employment and residence
 On an assignment of a rancher or farmer and the operator was engaged
in an agricultural operation
 In an emergency

Question 10

♦ Four classes of the Utah Classified License System

Answer 10

• Class A, B and C are classes within the CDL section UCA 53-3-412; 53-3-
102
• The Class D license is used to operate a passenger vehicle

Question 11

♦ The 10 endorsements of the Utah Classified License System

Answer 11

• H – Hazardous materials
• K – Restricted to intrastate operation of commercial vehicles
• L – Restricted to vehicles with no air brakes
• M – Motorcycle
• N – Tankers
• P – More than 15 passengers
• S – School Bus or motor vehicle over 15 passengers
• T – Double or Triple trailer
• X – Tank vehicle and transport hazmat
• Z – Taxicab

Question 12

♦ Responsibility to possess a driver license while operating a motor vehicle
UCA 53-3-217

Answer 12

• The licensee shall have his license certification in his immediate
possession at all times when driving a motor vehicle
• It is a defense to a charge under this section if the person produces, in
court, a license certificate that was valid at the time of citation or arrest
• A person who violates this subsection is guilty of a class C misdemeanor

Question 13

♦ Prohibited uses of driver licenses UCA 53-3-229

Answer 13

• It is a class C misdemeanor for a person to:
 Lend or knowingly permit another person to use the certificate
 Refuse to surrender to the division or a peace officer upon demand
 Use a false name, address, or commit fraud in the application
 Display a canceled, denied, revoked, suspended, or disqualified license
as a valid certificate
 Alter any information on an authentic driver license

Question 14

• It is a class A misdemeanor to knowingly:

Answer 14

 Issue a driver license certificate with fraudulent information
 Issue a driver license certificate to a person younger than 21 years if
the certificate is not distinguished as required for a person younger
than 21 years of age or
 Acquire, use, display or transfer a false certificate to procure:
o a cigarette, electronic cigarette, tobacco, or a tobacco product

Question 15

• A person may not use or transfer a false or altered driver license certificate
to procure alcoholic beverages, gain admission to where alcoholic
beverages are sold or consumed or obtain employment that may not be
obtained by a minor

Answer 15

?

Question 16

• It is a third degree felony if a person’s acquisition, use, display, or transfer
of a false or altered license:

Answer 16

• It is a third degree felony if a person’s acquisition, use, display, or transfer
of a false or altered license:
 Aids or furthers the person’s efforts to fraudulently obtain goods or
 Aids or furthers the person’s efforts to commit a violent felony

Question 17

The cadet will identify the following circumstances that may result in revocation or
suspension of a driver license. UCA 53-3-220

Answer 17

• The division shall immediately revoke, deny, suspend, or disqualify the
license of a person receiving a record of the person’s conviction for:

Question 18

Cont.
• The division shall immediately revoke, deny, suspend, or disqualify the
license of a person receiving a record of the person’s conviction for:

Answer 18

 Manslaughter, negligent homicide while driving a motor vehicle to
include automobile homicide under UCA 76-5-207
 Driving or in actual physical control of a vehicle with drugs or alcohol
or the combination that renders the person incapable of safely driving
a motor vehicle as prohibited in UCA 41-6a-502 or 41-6a-510(1) or
operating a vehicle while having a measurable controlled substance or
metabolite of a controlled substance in violation of Section 41-6a-530
 Perjury or the making of a false affidavit to the division under Title 41
UCA or any other law of this State requiring the registration of motor
vehicles

Question 19

Cont.
• The division shall immediately revoke, deny, suspend, or disqualify the
license of a person receiving a record of the person’s conviction for:

Answer 19

 Any felony under the motor vehicle laws
 Failure to stop and render aid as required under the laws if the accident
results in the death or injury of another
 Two charges of reckless driving, impaired driving or any combination
of reckless driving committed within a period of 12 months
 Failure to stop a motor vehicle at the command of a peace officer

Question 20

Cont.
• The division shall immediately revoke, deny, suspend, or disqualify the
license of a person receiving a record of the person’s conviction for:

Answer 20

 Any offense specified in the Uniform Commercial Driver License Act
that requires disqualification
 A felony violation of UCA 76-10-508 or 76-10-508.1 involving
discharge of a firearm from a vehicle
 Using or allowing the use of any explosive, chemical, or incendiary
device from a vehicle
 Until July 30, 2015, operating a motor vehicle while having alcohol in
the person’s body or having a measurable or detectable amount of
alcohol in violation of UCA 53-3-232 or 41-6a-530

Question 21

Cont.
• The division shall immediately revoke, deny, suspend, or disqualify the
license of a person receiving a record of the person’s conviction for:

Answer 21

 Engaging in a motor vehicle speed contest or exhibition of speed on a
highway in violation of UCA 41-6a-606
 Operation of a motor vehicle without an ignition interlock system as
required in violation of UCA 41-6a-518.2
 The division shall immediately suspend for six months the license of a
person upon receiving a record of conviction for a violation of:
• Title 58-37, 37a, 37b, 37c, 37d, respectively the Controlled
Substance Act; Drug Paraphernalia Act; Imitation Controlled
Substances Act; Utah Controlled Substance Precursor Act or the
Clandestine Drub Lab Act

Question 22

♦ Circumstances that may result in the suspension or revocation of a driver
license UCA 53-3-221

Answer 22

• The division may deny, suspend, disqualify, or revoke the license of any
person without hearing and without receiving a record of the person’s
conviction when the division has been notified or has reason to believe the
person:
 Has committed any offenses for which mandatory suspension or
revocation is required under UCA 53-3-220
 Has, by reckless or unlawful driving of a motor vehicle caused an
accident resulting in death or injury to any other person or serious
property damage
 Is incompetent to drive a motor vehicle or is afflicted with mental or
physical disabilities rendering them unsafe to drive
 Has committed a serious violation of the motor vehicle laws

Question 23

The cadet will identify a peace officer’s authority to confiscate a fraudulent or altered
driver license. UCA 53-3-226
♦ The division or a peace officer acting in official capacity, may take possession
of any certificate of title, registration card, decal, permit, license certificate,
permit registration plate, or any article issued by the state:

Answer 23

• That is fictitious or altered
• That has been unlawfully or erroneously issued, displayed, or as required
under UCA 41-6a-520, 53-3-223, 53-3-231, or 53-3-418

Question 24

The cadet will identify the following requirements and procedures of the Driver
License Compact.
♦ Elements of the Driver License Compact UCA 53-3-604

Answer 24

• Under the Driver License Compact, in order for a driver’s state to penalize
them for an out-of-state offense, the driver’s state must have the equivalent
statute. If the driver’s state does not have the statute, usually no action can
be taken.
• The five states that are not members of the Driver License Compact are:
 Georgia, Massachusetts, Michigan, Wisconsin, and Tennessee

Question 25

♦ Procedure for issuing a traffic citation under the Non-Resident Violator Compact UCA 53-3-705

Answer 25

• When issuing a citation for a traffic violation, a peace officer shall issue the citation to a motorist who possesses a driver license issued by a party jurisdiction and shall not, require the motorist to post collateral to secure appearance if the officer receives the motorist's personal recognizance that they will comply with the terms of the citation • Personal recognizance is acceptable only if not prohibited by law • If mandatory appearance is required, it must take place immediately following the issuance of the citation

Question 26

The cadet will identify a peace officer’s authority to request a chemical test for driving under the influence and the proper procedures for testifying in a driver license suspension/revocation hearing. UCA 53-3-223

Answer 26

♦ UCA 41-6a-502 is the DUI code and is pursuant to UCA 53-3-223 ♦ UCA 41-6A-517 is the measurable drug or metabolite code and the suspension is pursuant to UCA 53-3-223 ♦ UCA 32B-4-409 is Unlawful purchase, possession, consumption by a minor, and has been referred to as the Not a Drop Code and the denial is pursuant to UCA 53-3-231 ♦ UCA 41-6A-520 is the refusal to submit to a chemical test and the revocation is pursuant to UCA 41-6A-521 ♦ UCA 53-3-414 is the CDL .04 BrAC Code and the disqualification is pursuant to UCA 53-3-418 that establishes the legal amount of alcohol when a commercial vehicle is in operation