Terms Used In Utah Code > Title 53 > Chapter 3 > Part 4 - Uniform Commercial Driver License Act

• Alcohol: means any substance containing any form of alcohol, including ethanol, methanol, propanol, and isopropanol. See Utah Code 53-3-402
• Alcohol concentration: means the number of grams of alcohol per:
       (2)(a) 100 milliliters of blood;
       (2)(b) 210 liters of breath; or
       (2)(c) 67 milliliters of urine. See Utah Code 53-3-402
• Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
• Arrest: Taking physical custody of a person by lawful authority.
• Cancellation: means the termination by the division of a license issued through error or fraud or for which consent under Section 53-3-211 has been withdrawn. See Utah Code 53-3-102
• CDIP: means a commercial learner permit:
       (4)(a) issued under Section 53-3-408; or
       (4)(b) issued by a state or other jurisdiction of domicile in compliance with the standards contained in Utah Code 53-3-102
• CDL: means a license:
       (5)(a) issued substantially in accordance with the requirements of Title XII, Pub. See Utah Code 53-3-102
• CDLIS: means the information system established under Title XII, Pub. See Utah Code 53-3-402
• Commercial motor vehicle: means a motor vehicle or combination of motor vehicles designed or used to transport passengers or property if the motor vehicle:
            (7)(a)(i) has a gross vehicle weight rating or gross vehicle weight of 26,001 or more pounds, or gross combination weight rating or gross combination weight of 26,001 or more pounds or a lesser rating as determined by federal regulation;
            (7)(a)(ii) is designed to transport 16 or more passengers, including the driver; or
            (7)(a)(iii) is transporting hazardous materials and is required to be placarded in accordance with Utah Code 53-3-102
• Controlled substance: means any substance so classified under Section 102(6) of the Controlled Substance Act, Utah Code 53-3-402
• Conviction: A judgement of guilt against a criminal defendant.
• Conviction: means any of the following:
       (8)(a) an unvacated adjudication of guilt or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or an administrative proceeding;
       (8)(b) an unvacated forfeiture of bail or collateral deposited to secure a person's appearance in court;
       (8)(c) a plea of guilty or nolo contendere accepted by the court;
       (8)(d) the payment of a fine or court costs; or
       (8)(e) violation of a condition of release without bail, regardless of whether the penalty is rebated, suspended, or probated. See Utah Code 53-3-102
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• denied: means the withdrawal of a driving privilege by the division to which the provisions of Title 41, Chapter 12a, Part 4, Proof of Owner's or Operator's Security, do not apply. See Utah Code 53-3-102
• Department: means the Department of Public Safety created in Section 53-1-103. See Utah Code 53-1-102
• Disqualification: means either:
       (11)(a) the suspension, revocation, cancellation, denial, or any other withdrawal by a state of a person's privileges to drive a commercial motor vehicle;
       (11)(b) a determination by the Federal Highway Administration, under Utah Code 53-3-102
• Division: means the Driver License Division of the department created in Section 53-3-103. See Utah Code 53-3-102
• Downgrade: means to obtain a lower license class than what was originally issued during an existing license cycle. See Utah Code 53-3-102
• Drive: means :
       (14)(a) to operate or be in physical control of a motor vehicle upon a highway; and
       (14)(b) in Subsections 53-3-414(1) through (3), Subsection 53-3-414(5), and Sections 53-3-417 and 53-3-418, the operation or physical control of a motor vehicle at any place within the state. See Utah Code 53-3-102
• driver: includes any person who is required to hold a CDL under Part 4, Uniform Commercial Driver License Act, or federal law. See Utah Code 53-3-102
• Employer: means any individual or person including the United States, a state, or a political subdivision of a state, who owns or leases a commercial motor vehicle, or assigns an individual to drive a commercial motor vehicle. See Utah Code 53-3-402
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Felony: means any offense under state or federal law that is punishable by death or imprisonment for a term of more than one year. See Utah Code 53-3-402
• Foreign jurisdiction: means any jurisdiction other than the United States or a state of the United States. See Utah Code 53-3-402
• Fraud: Intentional deception resulting in injury to another.
• GVWR: means the value specified by the manufacturer as the maximum loaded weight of a single vehicle or GVWR of a combination or articulated vehicle, and includes the GVWR of the power unit plus the total weight of all towed units and the loads on those units. See Utah Code 53-3-402
• Highway: means the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public, as a matter of right, for traffic. See Utah Code 53-3-102
• Imminent hazard: means the existence of a condition, practice, or violation that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment is expected to occur immediately, or before the condition, practice, or violation can be abated. See Utah Code 53-3-402
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• License: means the privilege to drive a motor vehicle. See Utah Code 53-3-102
• License certificate: means the evidence of the privilege issued under this chapter to drive a motor vehicle. See Utah Code 53-3-102
• limited-term CDL: means a license:
       (26)(a) issued substantially in accordance with the requirements of Title XII, Pub. See Utah Code 53-3-102
• Medical certification status: means the medical certification of a commercial driver license holder or commercial motor vehicle operator in any of the following categories:
       (12)(a) Non-excepted interstate. See Utah Code 53-3-402
• Motor vehicle: means the same as that term is defined in Section 41-1a-102. See Utah Code 53-3-102
• MVR: means a driving record under Subsection 53-3-109(7)(a). See Utah Code 53-3-102
• NDR: means the National Driver Register. See Utah Code 53-3-402
• Operate: means the same as that term is defined in Section 41-1a-102. See Utah Code 53-3-102
• Out-of-service order: means a temporary prohibition against driving a commercial motor vehicle. See Utah Code 53-3-402
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Peace officer: means any officer certified in accordance with Title 53, Chapter 13, Peace Officer Classifications. See Utah Code 53-1-102
• Person: means :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Renewal: means to validate a license certificate so that it expires at a later date. See Utah Code 53-3-102
• Resident: means an individual who:
            (42)(a)(i) has established a domicile in this state, as defined in Section 41-1a-202, or regardless of domicile, remains in this state for an aggregate period of six months or more during any calendar year;
            (42)(a)(ii) engages in a trade, profession, or occupation in this state, or who accepts employment in other than seasonal work in this state, and who does not commute into the state;
            (42)(a)(iii) declares himself to be a resident of this state by obtaining a valid Utah driver license certificate or motor vehicle registration; or
            (42)(a)(iv) declares himself a resident of this state to obtain privileges not ordinarily extended to nonresidents, including going to school, or placing children in school without paying nonresident tuition or fees. See Utah Code 53-3-102
• Revocation: means the termination by action of the division of a licensee's privilege to drive a motor vehicle. See Utah Code 53-3-102
• School bus: means a commercial motor vehicle used to transport pre-primary, primary, or secondary school students to and from home and school, or to and from school sponsored events. See Utah Code 53-3-102
• Serious traffic violation: means a conviction of any of the following:
       (17)(a) speeding 15 or more miles per hour above the posted speed limit;
       (17)(b) reckless driving as defined by state or local law;
       (17)(c) improper or erratic traffic lane changes;
       (17)(d) following the vehicle ahead too closely;
       (17)(e) any other motor vehicle traffic law which arises in connection with a fatal traffic accident;
       (17)(f) operating a commercial motor vehicle without a CDL or a CDIP;
       (17)(g) operating a commercial motor vehicle without the proper class of CDL or CDL endorsement for the type of vehicle group being operated or for the passengers or cargo being transported;
       (17)(h) operating a commercial motor vehicle without a CDL or CDIP license certificate in the driver's possession in violation of Section 53-3-404;
       (17)(i) using a wireless communication device in violation of Section 41-6a-1716 while operating a commercial motor vehicle; or
       (17)(j) using a hand-held mobile telephone while operating a commercial motor vehicle in violation of Utah Code 53-3-402
• Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
       (34)(a) sex and reproductive organ anatomy;
       (34)(b) chromosomal makeup; and
       (34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• State: means a state of the United States, the District of Columbia, any province or territory of Canada, or Mexico. See Utah Code 53-3-402
• Suspension: means the temporary withdrawal by action of the division of a licensee's privilege to drive a motor vehicle. See Utah Code 53-3-102
• United States: means the 50 states and the District of Columbia. See Utah Code 53-3-402
• Vehicle: means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. See Utah Code 53-1-102
• Veteran: means an individual who:
            (44)(a)(i) has served in the United States Armed Forces for at least 180 days:

                 (44)(a)(i)(A) on active duty; or

                 (44)(a)(i)(B) in a reserve component, to include the National Guard; or
            (44)(a)(ii) has incurred an actual service-related injury or disability while in the United States Armed Forces regardless of whether the individual completed 180 days; and
            (44)(a)(iii) was separated or retired under conditions characterized as honorable or general. See Utah Code 68-3-12.5