Utah Code 53-3-204. Persons who may not be licensed
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Terms Used In Utah Code 53-3-204
- Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
- 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53-3-211 has been withdrawn.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 - CDL: means a license:(5)(a) issued substantially in accordance with the requirements of Title XII, Pub. See Utah Code 53-3-102
- 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
- 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- 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
- Identification card: means a card issued under Part 8, Identification Card Act, to a person for identification purposes. See Utah Code 53-3-102
- 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
- Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
- Motorcycle: means every motor vehicle, other than a tractor, having a seat or saddle for the use of the rider and designed to travel with not more than three wheels in contact with the ground. See Utah Code 53-3-102
- 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- Resident: means an individual who:
(42)(a)(i) has established a domicile in this state, as defined in Section41-1a-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- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- 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: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(1)(a) The division may not license a person who:(1)(a)(i) is younger than 16 years old;(1)(a)(ii) if the person is 18 years old or younger, has not completed a course in driver training approved by the commissioner;(1)(a)(iii) if the person is 19 years old or older has not completed:(1)(a)(iii)(A) a course in driver training approved by the commissioner; or(1)(a)(iii)(B) the requirements under Subsection 53-3-210.5(6)(c);(1)(a)(iv) if the person is a minor as defined in Section 53-3-211, has not completed the driving requirement under Section 53-3-211;(1)(a)(v) is not a resident of the state, unless the person:(1)(a)(v)(A) is issued a temporary CDL under Subsection 53-3-407(2)(b) prior to July 1, 2015; or(1)(a)(v)(B) qualifies for a non-domiciled CDL as defined in 49 C.F.R.Part 383 ;(1)(a)(vi) if the person is 17 years old or younger, has not held a learner permit issued under Section 53-3-210.5 or an equivalent by another state or branch of the United States Armed Forces for six months; or(1)(a)(vii) is younger than 18 years old and applying for a CDL under 49 C.F.R.Part 383 .(1)(b) Subsections (1)(a)(i), (ii), (iii), (iv), and (vi) do not apply to a person:(1)(b)(i) who has been licensed before July 1, 1967; or(1)(b)(ii) who is 16 years old or older making application for a license who has been licensed in another state or country.(2) The division may not issue a license certificate to a person:(2)(a) whose license has been suspended, denied, cancelled, or disqualified during the period of suspension, denial, cancellation, or disqualification;(2)(b) whose privilege has been revoked, except as provided in Section 53-3-225;(2)(c) who has previously been adjudged mentally incompetent and who has not at the time of application been restored to competency as provided by law;(2)(d) who is required by this chapter to take an examination unless the person successfully passes the examination;(2)(e) whose driving privileges have been denied or suspended under:(2)(e)(i) Section 80-6-707 by an order of the juvenile court; or(2)(e)(ii) Section 53-3-231; or(2)(f) beginning on or after July 1, 2012, who holds an unexpired Utah identification card issued under Part 8, Identification Card Act, unless:(2)(f)(i) the Utah identification card is canceled; and(2)(f)(ii) if the Utah identification card is in the person’s possession, the Utah identification card is surrendered to the division.(3)(3)(a) Except as provided in Subsection (3)(c), the division may not grant a motorcycle endorsement to a person who:(3)(a)(i) has not been granted an original or provisional class D license, a CDL, or an out-of-state equivalent to an original or provisional class D license or a CDL; and(3)(a)(ii) if the person is under 19 years old, has not held a motorcycle learner permit for two months unless Subsection (3)(b) applies.(3)(b) The division may waive the two month motorcycle learner permit holding period requirement under Subsection (3)(a)(ii) if the person proves to the satisfaction of the division that the person has completed a motorcycle rider education program that meets the requirements under Section 53-3-903.(3)(c) The division may grant a motorcycle endorsement to a person under 19 years old who has not held a motorcycle learner permit for two months if the person was issued a motorcycle endorsement prior to July 1, 2008.(4) The division may grant a class D license to a person whose commercial license is disqualified under Part 4, Uniform Commercial Driver License Act, if the person is not otherwise sanctioned under this chapter.