53-3-407 - Qualifications for commercial driver license -- Fee -- Third parties may administer skills test. - Utah Statutes

53-3-407. Qualifications for commercial driver license -- Fee -- Third parties mayadminister skills test.
(1) (a) As used in this section, "CDL driver training school" means a business enterpriseconducted by an individual, association, partnership, or corporation that:
(i) educates and trains persons, either practically or theoretically, or both, to drivecommercial motor vehicles; and
(ii) prepares an applicant for an examination under Subsection (2)(a)(ii) or (2)(b)(i)(B).
(b) A CDL driver training school may charge a consideration or tuition for the servicesprovided under Subsection (1)(a).
(2) (a) Except as provided in Subsection (2)(b), a CDL may be issued only to a personwho:
(i) is a resident of this state;
(ii) has passed a test of knowledge and skills for driving a commercial motor vehicle,that complies with minimum standards established by federal regulation in 49 C.F.R., Part 383,Subparts G and H; and
(iii) has complied with all requirements of 49 C.F.R., Part 383 and other applicable statelaws and federal regulations.
(b) (i) A temporary CDL may be issued to a person who:
(A) is enrolled in a CDL driver training school located in Utah;
(B) has passed a test of knowledge and skills for driving a commercial motor vehicle,that complies with minimum standards established by federal regulation in 49 C.F.R. Part 383,Subparts G and H; and
(C) has complied with all requirements of 49 C.F.R. Part 383, Subparts G and H.
(ii) A temporary CDL issued under this Subsection (2)(b):
(A) is valid for 60 days; and
(B) may not be renewed or extended.
(iii) Except as provided in this section and Subsections 53-3-204(1)(a)(iv),53-3-205(8)(a)(i)(E) and (8)(b), and 53-3-410(1)(c), the provisions, requirements, classes,endorsements, fees, restrictions, and sanctions under this code apply to a temporary CDL issuedunder this Subsection (2)(b) in the same way as a commercial driver license issued under thispart.
(3) Tests required under this section shall be prescribed and administered by the division.
(4) The division shall authorize a person, an agency of this or another state, an employer,a private driver training facility or other private institution, or a department, agency, or entity oflocal government to administer the skills test required under this section if:
(a) the test is the same test as prescribed by the division, and is administered in the samemanner; and
(b) the party authorized under this section to administer the test has entered into anagreement with the state that complies with the requirements of 49 C.F.R., Part 383.75.
(5) 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.
(6) A person authorized under this section to administer the skills test is not criminally orcivilly liable for the administration of the test unless he administers the test in a grossly negligentmanner.

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(7) The division may waive the skills test required under this section if it determines thatthe applicant meets the requirements of 49 C.F.R., Part 383.77.

Amended by Chapter 196, 2010 General Session