Utah Code 53-3-415. Limitations on employment of commercial motor vehicle drivers
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(1) An employer shall require each applicant for employment as a commercial motor vehicle driver to provide the information required in Section 53-3-416 regarding the applicant’s employment history.
Terms Used In Utah Code 53-3-415
- CDL: means a license:(5)(a) issued substantially in accordance with the requirements of Title XII, Pub. See Utah Code 53-3-102
- 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
- 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), Subsection53-3-414 (5), and Sections53-3-417 and53-3-418 , 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
- License: means the privilege to drive a motor vehicle. See Utah Code 53-3-102
- Motor vehicle: 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
- 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
- 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
- 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
(2) An employer may not knowingly allow, permit, or authorize a driver to drive a commercial motor vehicle during any period when the driver:
(2)(a) has a CDL that is suspended, revoked, or canceled by any state;
(2)(b) has lost the privilege to drive a commercial motor vehicle in a state;
(2)(c) has been disqualified from driving a commercial motor vehicle;
(2)(d) has more than one license;
(2)(e) is subject to an out-of-service order; or
(2)(f) is operating a commercial motor vehicle or employed by a motor carrier operation that is subject to an out-of-service order.
(3) An employer may not knowingly allow, permit, require, or authorize a person to violate a federal, state, or local law pertaining to railroad-highway grade crossings.
(4)
(4)(a) An employer who violates Subsection (2)(a) , (b) , or (c) during the period the driver has been disqualified under Subsection 53-3-414(9) is subject to a civil penalty of not more than $10,000.
(4)(b) An employer who is convicted of violating Subsection (2)(e) or (f) is subject to a civil penalty of not less than $2,750 nor more than $25,000.
(4)(c) An employer who is convicted of violating Subsection (3) is subject to a civil penalty of $10,000.