HB 118 — Driver Training Schools for Commercial Driver License Amendments

(8)(8)(a) - 6 - HB0118 compared with HB0118S02 (a) In addition to the information required by Title 63G, Chapter 4, Administrative Procedures Act, for requests for agency action, an applicant shall:

(D)(D)(I) (I) documentary evidence of the applicant's valid social security number;

(I)- a6 United- StatesEnrolled citizen;Copy H.B.

118 (I) a United States citizen;

- 7 - HB0118 compared with HB0118S02 (V) approved deferred action status;

and (x) sign the application which signature may include an electronic signature as defined- in7 Section- 46-4-102.H.B.

118 Enrolled Copy defined in Section 46-4-102.

(i)(i)(A) (A) social security number;

or - 8 - HB0118 compared with HB0118S02 (C) other number assigned by the division if Subsection (8)(a)(i)(D)(IV) applies;

(10)(10)(a) (a) Except as provided in Subsection (10)(c), if an applicant receives a license in a higher class than what the applicant originally was issued:

(c) An applicant who has received a downgraded license in a lower license class under Subsection (10)(10)(b): (b):

(i)- may,8 when- eligible,Enrolled receiveCopy aH.B. duplicate license in the highest class previously issued during a license cycle that has not expired for the remainder of the existing license cycle;

118 (i) may, when eligible, receive a duplicate license in the highest class previously issued during a license cycle that has not expired for the remainder of the existing license cycle;

(11)(11)(a) (a) When an application is received from an applicant previously licensed in another state to drive a motor vehicle, the division shall request a copy of the driver's record from the other state.

- 9 - HB0118 compared with HB0118S02 (b) When received, the driver's record becomes part of the driver's record in this state with the same effect as though entered originally on the driver's record in this state.

(15)(15)(a) (a) Upon an application for a commercial class A, B, or C license, the applicant shall sign an acknowledgment, issued by the division, acknowledging that to pass a commercial driver license skills test, the applicant is required to read and speak the English language sufficiently to:

[(15)] (16)(16)(a) (a) A licensee shall authenticate the indication of intent under Subsection (8)(a)(vi) in accordance with division rule.

(b)(b)(i) (i) Notwithstanding Title 63G, Chapter 2, Government Records Access and Management Act, the division may, upon request, release to an organ procurement organization, as defined in Section 26B-8-301, the names and addresses of all applicants who, under Subsection (8)(a)(vi), indicate that they intend to make an anatomical- gift.9 - H.B.

118 Enrolled Copy anatomical gift.

- 10 - HB0118 compared with HB0118S02 [(16)] (17) Notwithstanding Title 63G, Chapter 2, Government Records Access and Management Act, the division may release to the Department of Veterans and Military Affairs the names and addresses of all applicants who indicate their status as a veteran under Subsection (8)(a)(viii).

[(17)] (18) Notwithstanding Title 63G, Chapter 2, Government Records Access and Management Act, the division shall, upon request, release to the[ Sex, Kidnap, and Child Abuse Offender Registry {] {Bureau of Criminal Identification }[} office in] Bureau of Criminal Identification within the Department of Public Safety, the names and addresses of all applicants who, under Subsection (8)(a)(8)(a)(vii), (vii), indicate they are required to register as a sex offender, kidnap offender, or child abuse offender in accordance with Title 53, Chapter 29, Sex, Kidnap, and Child Abuse Offender Registry.

[(19)] (20) An applicant who knowingly fails to provide the information required under Subsection (8)(8)(a)(vii) (a)(vii) is guilty of a class A misdemeanor.

[(21)] (22)(22)(a) (a) An applicant who applies for an original motorcycle endorsement to a regular license certificate is exempt from the requirement to pass the knowledge and skills test to be eligible for the motorcycle endorsement if the applicant:

(ii)(ii)(A) (A) is ordered to active duty and stationed outside of Utah in any of the armed forces of the United States;

or (B) is an immediate family member or dependent of an individual described in Subsection [(21)(a)(ii)[(21)(a)(ii)(A)] (A)] (22)(a)(ii)(A) and is residing outside of Utah;

(iv) provides proof to the division of the successful completion of a certified Motorcycle- Safety10 Foundation- riderEnrolled trainingCopy course;H.B.

and118 -Motorcycle 11Safety -Foundation HB0118rider comparedtraining withcourse; HB0118S02 (v) provides the necessary information and documentary evidence required under Subsection (8).

and (v) provides the necessary information and documentary evidence required under Subsection (8).

53-3-407.53-3-407 .

(1)(1)(a) (a) As used in this section, "CDL driver training school" means a business enterprise conducted by an individual, association, partnership, or corporation that:

and (ii) prepares an applicant for an examination under Subsection{[ (2)(a)(iii).{]} (3)(a)(iii).} (b) A CDL driver training school may charge a consideration or tuition for the services provided under Subsection (1)(a).(2)(a)(iii).

{(2)}(b) {(a)A Before enrolling an applicant, a CDL driver training school andmay thecharge applicant shall sign a form,consideration issuedor bytuition thefor division, attesting that the applicantservices canprovided readunder andSubsection speak(1)(a). the English language sufficiently to:} {(i) converse with the general public;} {(ii) understand highway traffic signs and signals;} {(iii) respond to official inquires;

and} {(iv) make entries on reports and records.} {(b) An applicant shall present the form described in Subsection (2)(a) to a commercial driver license third party examiner when the applicant begins testing.} {[(2){]} {(3)} } (a) Except as provided in Subsection {[(2)(c){]}(2)(c), (3)(c)}, a CDL may be issued only to a person who:

- 12 - HB0118 compared with HB0118S02 (i) is a resident of this state or is an out-of-state resident if the person qualifies for a non-domiciled CDL as defined in 49 C.F.R.

(ii)- has11 successfully- completedH.B. a skills test administered by a state or a party authorized by a state or jurisdiction that is compliant with 49 C.F.R.

118 Enrolled Copy (ii) has successfully completed a skills test administered by a state or a party authorized by a state or jurisdiction that is compliant with 49 C.F.R.

(d) An applicant who requests a waiver under Subsection {[(2)(c){]}(2)(c) (3)(c)} shall present a completed application for a military skills test waiver at the time of the request.

{[(3){]}(3) {(4)} } Tests required under this section shall be prescribed and administered by the division.

- 13 - HB0118 compared with HB0118S02 (a) applicants who fail a commercial driver license skills test or fail to take a commercial driver license skills test due to the applicant's English language proficiency;

[(5)] (6)(6)(a) (a) An out-of-state resident who holds a valid CDIP issued by a state or jurisdiction that is compliant with 49 C.F.R.

Part 383 may take a skills test administered- by12 a- partyEnrolled authorizedCopy underH.B. this section.

118 administered by a party authorized under this section.

53-3-407.1.53-3-407.1 .

- 14 - HB0118 compared with HB0118S02 (1) A commercial driver license third party tester or commercial driver license third party examiner shall be licensed by the division to be eligible to administer the commercial driver license skills tests.

(2)(2)(a) (a) An applicant for a commercial driver license third party tester or third party examiner license shall submit fingerprints in a form acceptable to the division at the time the license application is filed and shall consent to a fingerprint background check by the Utah Bureau of Criminal Identification and the Federal Bureau of Investigation regarding the application.

(d)- A13 commercial- driverH.B. license third party tester or third party examiner license may not be issued under this section until the criminal background check required under this Subsection (2) has been completed and reviewed by the division.

118 Enrolled Copy (d) A commercial driver license third party tester or third party examiner license may not be issued under this section until the criminal background check required under this Subsection (2) has been completed and reviewed by the division.

and - 15 - HB0118 compared with HB0118S02 (e) procedures for a commercial driver license third party tester or third party examiner to{:}to notify the division when an applicant fails a commercial driver license skills test or fails to take a commercial driver license skills test due to the applicant's English language proficiency.

{(i)}Section {{send5. the form described in Subsection 53-3-407(2) to the division if the CDL applicant does not speak and understand English;} } {(ii)} {{collect and report the name of a CDL driver training school that a CDL applicant used, if applicable, to the division;

and} } {(iii)} {report data regarding CDL applicant passage rates to the division.} } Section 5.

53-3-410.53-3-410 .

(e)- date14 of- birth;Enrolled Copy H.B.

118 (e) date of birth;

or - 16 - HB0118 compared with HB0118S02 (ii) of the applicant's:

(4) A person who has been a resident of this state for 30 consecutive days may not drive a commercial motor vehicle under the authority of a commercial driver license issued by another- jurisdiction.15 - H.B.

118 Enrolled Copy another jurisdiction.

Effective date.

2-26-26 7:56 AM - 1716 -