As used in this part:

(1)

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Terms Used In Utah Code 53-3-502

  • Commercial testing only school: means a business enterprise conducted by an individual, association, partnership, or corporation that:
              (2)(a)(i) is designated by the division as a commercial testing only school;
              (2)(a)(ii) employs instructors who are certified by the division; and
              (2)(a)(iii) engages only in testing students for the purpose of obtaining a driver license. See Utah Code 53-3-502
  • 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.
  • Division: means the Driver License Division of the department created in Section 53-3-103. 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
  • Instructor: means a person, whether acting as an operator of a commercial driver training school or for a school for compensation, who:
         (3)(a) teaches, conducts classes of, gives demonstrations to, or supervises practice of persons learning to drive motor vehicles, including motorcycles;
         (3)(b) prepares persons to take an examination for a license or learner permit; or
         (3)(c) supervises the work of any other instructor. See Utah Code 53-3-502
  • License: means the privilege to drive a motor vehicle. See Utah Code 53-3-102
  • Operate: means the same as that term is defined in Section 41-1a-102. See Utah Code 53-3-102
  • 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.
  • 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
  • Road: includes :
         (33)(a) a public bridge;
         (33)(b) a county way;
         (33)(c) a county road;
         (33)(d) a common road; and
         (33)(e) a state road. See Utah Code 68-3-12.5
  • school: means a business enterprise conducted by an individual, association, partnership, or corporation for the education and training of persons, either practically or theoretically, or both, to:
              (1)(a)(i) drive motor vehicles, including motorcycles; and
              (1)(a)(ii) prepare an applicant for an examination given by the state for a license or learner permit. See Utah Code 53-3-502
  • School operator: means a person who:
         (5)(a) is certified as an instructor;
         (5)(b) has met the requirements for school operator status as established by the division;
         (5)(c) is authorized or certified to operate or manage a driver training school; and
         (5)(d) may supervise the work of another instructor. See Utah Code 53-3-502
  • 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
     (1)(a) “Commercial driver training school” or “school” means a business enterprise conducted by an individual, association, partnership, or corporation for the education and training of persons, either practically or theoretically, or both, to:

          (1)(a)(i) drive motor vehicles, including motorcycles; and
          (1)(a)(ii) prepare an applicant for an examination given by the state for a license or learner permit.
     (1)(b) A commercial driver training school may charge a consideration or tuition for the services described under Subsection (1)(a).
(2)

     (2)(a) “Commercial testing only school” means a business enterprise conducted by an individual, association, partnership, or corporation that:

          (2)(a)(i) is designated by the division as a commercial testing only school;
          (2)(a)(ii) employs instructors who are certified by the division; and
          (2)(a)(iii) engages only in testing students for the purpose of obtaining a driver license.
     (2)(b) A commercial testing only school may conduct behind-the-wheel or observation instruction if approved by the division.
     (2)(c) A commercial testing only school may not engage in education or training of persons, either practically or theoretically, or both to drive motor vehicles, except when:

          (2)(c)(i) counseling the driver following a test in reference to errors made during the administration of the test; or
          (2)(c)(ii) conducting behind-the-wheel or observation instruction if approved by the division.
     (2)(d) A commercial testing only school may not test an individual who has completed any behind-the-wheel or observation instruction through the school with which the tester is employed.
(3) “Instructor” means a person, whether acting as an operator of a commercial driver training school or for a school for compensation, who:

     (3)(a) teaches, conducts classes of, gives demonstrations to, or supervises practice of persons learning to drive motor vehicles, including motorcycles;
     (3)(b) prepares persons to take an examination for a license or learner permit; or
     (3)(c) supervises the work of any other instructor.
(4) “Observation time” means a period of time during which a driver education student observes another student, instructor, or road user.
(5) “School operator” means a person who:

     (5)(a) is certified as an instructor;
     (5)(b) has met the requirements for school operator status as established by the division;
     (5)(c) is authorized or certified to operate or manage a driver training school; and
     (5)(d) may supervise the work of another instructor.