ut-20261015-R708-30: R708-30. Motorcycle Rider Training Schools

1. Agency Information

Title catchline: Public Safety, Driver License Building: Taylorsville State Office Building Street address: 4315 S 2700 W, Suite 2600 City, state: Taylorsville, UT Mailing address: PO Box 144501 154 UTAH STATE BULLETIN, October 15, 2026, Vol. 2026, No. 20 NOTICES OF PROPOSED RULES City, state and zip: Salt Lake City, UT 84114-4501

2. Contact Persons

Name: Phone: Email: Kim Gibb 801-556-8198 kgibb@utah.gov Tara Zamora 801-964-4483 tarazamora@utah.gov Britani Flores 801-884-8313 bflores@utah.gov Please address questions regarding information on this notice to the persons listed above.

A. Rule or section catchline:

R708-30. Motorcycle Rider Training Schools

B. Purpose of the new rule or reason for the change:

The Division of Driver License (division) recently discovered another section of code, Section 53-3-210.6, that requires a rule regarding the issuance of a motorcycle learner permit and the provision completion of a motorcycle rider education program. The division decided to remove the motorcycle rider education information from this rule and create a new rule.

C. Summary of the new rule or change:

This rule filing removes information regarding completion of a motorcycle rider education course for waiver of a motorcycle driving skills test. 5. Fiscal Information Provide an estimate and written explanation of the aggregate anticipated cost or savings to:

A. State budget:

This rule filing is not expected to have any impact on state budget. This rule filing removes a process from the existing rule and does not change or implement a process that requires a cost or savings.

B. Local governments:

This rule filing is not expected to have any impact on local governments because this process is not regulated by any local government.

C. Small businesses ("small business" means a business employing 1-49 persons):

This rule filing is not expected to have any impact on small businesses. This rule does not change or implement a process that requires a cost or savings.

D. Non-small businesses ("non-small business" means a business employing 50 or more persons):

This rule filing is not expected to have any impact on non-small businesses. This rule does not change or implement a process that requires a cost or savings. E. Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency): This rule filing is not expected to have any impact on any persons other than small businesses, non-small businesses, state or local governments. This rule does not change or implement a process that requires a cost or savings and does not apply to any other persons. UTAH STATE BULLETIN, October 15, 2026, Vol. 2026, No. 20 155 NOTICES OF PROPOSED RULES

F. Compliance costs for affected persons:

This rule filing is not expected to have any compliance costs. 6. Regulatory Impact Summary Table Enter the cost or savings in the relevant cell. If there is no cost or savings, enter, "$0." If a cost or savings is inestimable, enter, "inestimable." Fiscal Cost FY2027 FY2028 FY2029 FY2030 FY2031 State Budget $0 $0 $0 $0 $0 Local Governments $0 $0 $0 $0 $0 Small Businesses $0 $0 $0 $0 $0 Non-Small Businesses $0 $0 $0 $0 $0 Other Persons $0 $0 $0 $0 $0 Total Fiscal Cost $0 $0 $0 $0 $0 Fiscal Benefits FY2027 FY2028 FY2029 FY2030 FY2031 State Budget $0 $0 $0 $0 $0 Local Governments $0 $0 $0 $0 $0 Small Businesses $0 $0 $0 $0 $0 Non-Small Businesses $0 $0 $0 $0 $0 Other Persons $0 $0 $0 $0 $0 Total Fiscal Benefits $0 $0 $0 $0 $0 Net Fiscal Benefits $0 $0 $0 $0 $0 7. Regulatory Impact Analysis Approval The Commissioner of the Department of Public Safety, Beau Mason, has reviewed and approved this regulatory impact analysis. 8. Family Impact Information

A. The agency has considered this rule's impact on family health, stability, and formation:

☒ 9. Citation Information Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement: Subsection 53-3-903(1)(b) 11. Public Notice Information The public may submit written or oral comments to the agency identified in box 1.

A. Comments will be accepted until: 11/16/2026

12. Effective Date Information This rule change MAY become effective on: 11/23/2026 (NOTE: This is the date the agency anticipates making the filing effective. It is NOT the effective date) 13. Agency Authorization Information Agency head or Jimmy Higgs, Director Date: 09/17/2026 designee and title: 156 UTAH STATE BULLETIN, October 15, 2026, Vol. 2026, No. 20 NOTICES OF PROPOSED RULES R708. Public Safety, Driver License. R708-30. Motorcycle Rider Training Schools. R708-30-1. Purpose. The purpose of this rule is to assist the Driver License Division in administering the Motorcycle Rider Education Program set forth in Title 53, Chapter 3, Part 9, the Motorcycle Rider EducationAct. R708-30-2. Authority. This rule is authorized by Subsection 53-3-903(1)(b). R708-30-3. Definitions. (1) "Agreement" means a written agreement between the Driver License Division[,] and a school, institution, or individual to provide motorcycle rider training courses for beginner and experienced riders and courses for instructors. (2) "Division" means the Driver License Division. (3) "Practice riding" means that portion of instruction during which the student [actually ]rides a motorcycle. (4) "Program coordinator" means the division representative appointed to oversee and direct the Motorcycle Rider Education Program. (5) "School" means an institution owned and operated by an individual, partnership, or corporation, public or private, licensed to do business in [the State of ]Utah, [for the purpose of ]to provid[ing]e classroom and practical motorcycle rider training. R708-30-4. Application. (1) An application for an original or renewal agreement shall be made on a form furnished by the division and shall include[ the following]: (a) name of the school; (b) address of the school; (c) names of [all ]any proposed instructors; and (d) addresses of [all]each instruction site[s]. (2) Upon receipt of the application, the division shall schedule an inspection of the school sites, equipment, instructional materials, course curriculum, class schedules, and shall determine eligibility of proposed instructors. (3) Once the application has been completed and approved, the division and the school may enter into an agreement allowing the school to conduct motorcycle rider training. R708-30-5. Agreement. (1) Once the school has executed an agreement with the division to provide training for beginner and experienced motorcycle riders, the school may begin to conduct motorcycle rider training. (2) The agreement shall allow the school to provide training and instruction for motorcycle riders[,] but [shall]may not allow the school to bind or obligate the division in any way to issue a motorcycle endorsement or license. (3) Upon execution of the agreement, the school and [all]each approved instructors will be placed on a list [provided to all driver license offices]on the division's website. A certificate of approval will be mailed to the school and will [indicate]show the expiration date of the agreement. (4) The agreement shall expire on July 1 of each year. No later than three months [prior to]before the expiration of the agreement, the school may submit a renewal application to the division. R708-30-6. Standards. [(1) ]To be approved, a school shall[ meet the following standards]: [(a)](1) [make application]apply to and enter into an agreement with the division; [(b)](2) maintain a place of business with at least one permanent occupied structure within the State; [(c)](3) ensure the place of business meets [all]the requirements of [S]state law and local ordinances; [(d)](4) have at least one qualified and approved instructor; [(e)](5) provide helmets, motorcycles and range equipment for practice riding; [(f)](6) have emergency equipment readily available. The emergency equipment shall include an adequate fire extinguisher and a fully stocked, industrial-quality first-aid kit; [(g)](7) have written procedures for responding to accidents, including emergency telephone numbers, and a telephone within easy access during any range training; [(h)](8) furnish the division with written permission to use any facilities not owned or leased by the school.[ Specific days of use and intended use of the facilities must be indicated, e.g., days: Thursday, Saturday, Sunday, etc.; and uses: classroom instruction and operation of motorcycles on property]; [(i)](9) request approval from the division for any proposed changes in instructor or administrative procedures; [(j)](10) make record of and report to the division within 48 hours any accident or injuries occurring during any instruction; [(k)](11) provide rider training at remote sites only upon approval [and/]or at the request of the division; [(l)](12) not engage the service of an employee of the division as an instructor, agent or employee of the school; and [(m)](13) maintain for fiveyears,andpresentupon request ofthe division,verification thatallinstructorsarecertified,andattendance and completion records are accurate. UTAH STATE BULLETIN, October 15, 2026, Vol. 2026, No. 20 157 NOTICES OF PROPOSED RULES R708-30-7. Certificate ofApproval. (1) Upon approval, the division [will]shall issue a certificate of approval to the school, each branch office, [and/]or mobile team. (2) The certificate [will]shall be [conspicuously ]displayed [at all times ]in the school's permanent place of business and [will be displayed ]during instruction at branch offices and mobile training sites. R708-30-8. Inspections. (1) The division may: (a) conduct random examinations, inspections, and audits without prior notice during normal business hours; and (b) conduct on-site inspections annually and at any other time deemed necessary by the division. (2) A person designated by the school shall accompany the division representative while performing on-site inspections. On-site inspections may include: (a) ensuring [that all ]the requirements specified in this rule are met; (b) examining school records; (c) ensuring that practice riding procedures comply with criteria established by the Motorcycle Safety Foundation or another nationally recognized motorcycle safety instructor certifying body and the division; and (d) reviewing any other items the division may [deem]consider necessary to ensure [that all]the requirements specified in the agreement are met. (3) Random checks may be made by any designated division representative to verify compliance with course instruction standards outlined in this rule. Checks by the division may include: (a) having a division representative take a course administered by the school; and (b) having the division administer practical skills tests to a sample of riders who have completed the course of instruction presented by the school to determine if the results of the tests administered by the division are comparable to the results submitted by the school. R708-30-9. Courses. (1) Course curriculum will be conducted in accordance with this rule. The division may provide supplemental instruction as necessary.[ Such instruction may include information on course content, practice riding, instructor and administrative procedures and/or changes.] (2) Courses shall be conducted at locations approved by the division. (3) Courses shall be conducted using division approved content, forms, scoring procedures, and equipment. (4) Courses conducted by mobile teams at remote sites and branches shall be held to the same standards as required at permanent locations. R708-30-10.[ Certificate of Course Completion. (1) The school will provide a certificate of course completion to verify rider competency and successful completion of the prescribed course of instruction. (2) The certificate of course completion shall include the following: (a) applicant's name; (b) title of the course completed; (c) date of course completion; and (d) authorized signature from the school. (3) Upon completion of a beginner class from an approved school, the division may waive the practical skills portion of the application for motorcycle license or endorsement to a current driver license. (4) Riders must submit to the division the certificate of course completion of a beginner class within six months of the date of course completion to be eligible for waiver of the practical skills test. The rider will be restricted based on the cc size of the motorcycle tested on. The instructor shall write the engine size in cc format on the certificate. (5) Upon successful completion of the class from an approved school, the division may waive the two month motorcycle learner permit holding period for riders under the age of 19. R708-30-11.] Insurance Coverage. (1) The divisionshall obtain through a commercial insurance agency the required insurance coverage for [all]each school[s] involved in providing motorcycle rider training. (2) Each school shall submit to the division a list identifying [all]each motorcycle[s] used for instruction purposes. (3) Motorcycles used by the schools for instruction purposes shall be covered by insurance obtained by the division and will be used only in approved rider training courses and only on division approved ranges. R708-30-1[2]1. Instructors. (1) Instructors approved by the division to conduct motorcycle rider training shall: (a) furnish proof of completed training and certification provided by the Motorcycle Safety Foundation or another nationally recognized motorcycle safety instruction certifying organization; (b) instruct only those classes which have been approved by the division; (c) instruct only those students who are at least 16 years of age and have completed an approved driver education course; 158 UTAH STATE BULLETIN, October 15, 2026, Vol. 2026, No. 20 NOTICES OF PROPOSED RULES (d) except as set forth in [paragraph two of this section]Subsection R708-30-11(2), have a valid Utah driver license with motorcycle endorsement; (e) have a high school diploma or its equivalent; (f) be at least 18 years of age; (g) have at least two years of recent motorcycle riding experience; (h) [possess]have valid Red Cross standard first-aid and CPR cards, or their equivalent; and (i) manifest safe riding habits when[ever] riding. (2) The requirement for a Utah drive license may be waived by the division if the instructor is assigned as active duty military to an installation in Utah. (3) Instructors are encouraged to wear [all ]protective gear every time they ride. Protective gear includes helmet and eye protection, over-the-ankle footwear[ (not cloth, canvas, etc.)], long non-flare denim pants or material of equivalent durability, long-sleeved shirt or jacket, and full-fingered gloves[ (preferably leather)]. (4) The division shall refuse approval or will revoke approval if the applicant[/] or instructor: (a) no longer meets the requirements of this section; (b) has had a driver license suspended or revoked during the preceding two years or within the preceding five years if the suspension or revocation was for an alcohol or drug related offense; or (c) fails to successfully complete an instructor course or required course updates[,] or fails to teach at least two rider training classes per year, one of which must be as the lead instructor. An exception to this requirement may be granted if written justification for not meeting the teaching requirements is submitted by the instructor and is approved[/accepted] by the division. R708-30-1[3]2. Advertisement. (1) No school advertisement may: (a) [indicate]show in any way that a program can issue or guarantee the issuance of a motorcycle license or endorsement; (b) imply that a program can in any way influence the division in the issuance of a motorcycle license or endorsement; or (c) imply that preferential or advantageous treatment from the division can be obtained. (2) No instructor, employee, or agent of a school may be permitted to advertise or solicit business or cause business to be solicited in its behalf, or display or distribute any advertising material within 1,500 feet of a location rented, leased, or owned by the division. R708-30-1[4]3. Revocation. (1) In accordance with Subsection 63G-4-202(1), the division designates all adjudicative proceedings associated with this rule as informal adjudicative proceedings. (2) The division shall deny approval of an application for a school or an instructor if the applicant does not qualify for approval under [provisions of ]this rule. (3) The division may deny approval or revoke approval of a school or instructor for any of the following reasons: (a) failure to comply with [any provision of ]this rule or the school's agreement; (b) falsification of any records or information relating to the school's instruction program; (c) commission of any act which compromises the integrity of the school's instruction program or the instructor; (d) failure to notify the division within ten days of any change in instructor personnel or testing locations; (e) notification that an instructor's driver license is suspended, revoked, canceled or disqualified; or (f) misstatements or misrepresentation on the application. (4) If the division determines that reasons for revocation exist because of failure to comply with [any provision of ]this rule or the school's agreement, the division may postpone revocation and allow the school or instructor up to [thirty (]30[)] days to correct the deficiency. (5) Aschool or instructor who receives notice that the division intends to revoke their approval [is entitled to]may request a hearing. The hearing will be conducted by a person appointed by the division director. (a) The [party]individual requesting the hearing must file the request for hearing within ten days from the date notice of the division's intent to revoke is received. (b) The [person]individual conducting the hearing will issue a written decision that complies with Subsection 63G-4-203(1)(i) within ten days following the hearing. (6) The decision of the [person]individual conducting the hearing will be considered final agency action. An [party]individual wishing to contest the decision may: (a) file a request for reconsideration with the division in accordance with Section 63G-4-302; or (b) seek judicial review in accordance with Section 63G-4-401. (7) Reinstatement following revocation of approval may take place only after: (a) a new application for approval is filed; (b) the division is satisfied that the reason for revocation no longer exists; and (c) the division is satisfied that approval of the school or instructor is in the best interests of the public and will not jeopardize public safety. KEY: motorcycle rider training schools Date of Last Change: 2026[July 11, 2008] Notice of Continuation: March 14, 2023 Authorizing, and Implemented or Interpreted Law: 53-3-903 UTAH STATE BULLETIN, October 15, 2026, Vol. 2026, No. 20 159 NOTICES OF PROPOSED RULES NOTICE OF SUBSTANTIVE CHANGE TYPE OF FILING: New Filing ID: 58259