Utah Code > Title 53 > Chapter 3 > Part 2 – Driver Licensing Act
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Terms Used In Utah Code > Title 53 > Chapter 3 > Part 2 - Driver Licensing Act
- Acquittal:
- Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
- A verdict of "not guilty."
- Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- 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.
- Autocycle: means a motor vehicle that:(1)(a) is designed to travel with three or fewer wheels in contact with the ground; and(1)(b) is equipped with:(1)(b)(i) a steering mechanism;(1)(b)(ii) seat belts; and(1)(b)(iii) seating that does not require the operator to straddle or sit astride the motor vehicle. See Utah Code 53-3-102
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- 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53-3-211 has been withdrawn.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 Section53-3-408 ; 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- City: includes , depending on population, a metro township as defined in Section
10-3c-102 . See Utah Code 68-3-12.5- 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- Contract: A legal written agreement that becomes binding when signed.
- 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- Conviction: A judgement of guilt against a criminal defendant.
- 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.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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- Dependent: A person dependent for support upon another.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- 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 Subsections53-3-414 (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
- Driving privilege card: means the evidence of the privilege granted and issued under this chapter to drive a motor vehicle to a person whose privilege was obtained without providing evidence of lawful presence in the United States. See Utah Code 53-3-102
- Electronic license certificate: means the evidence, in an electronic format as described in Section
53-3-235 , of a privilege granted under this chapter to drive a motor vehicle. See Utah Code 53-3-102- 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.
- Extension: means a renewal completed in a manner specified by the division. See Utah Code 53-3-102
- Farm tractor: means every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry. See Utah Code 53-3-102
- Fraud: Intentional deception resulting in injury to another.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Guardian: includes a person who:
(14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or(14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- 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
- Human driver: means the same as that term is defined in Section
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
- 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.
- Law enforcement agency: means an entity or division of:
(1)(e)(i)(1)(e)(i)(A) the federal government, a state, or a political subdivision of a state;(1)(e)(i)(B) a state institution of higher education; or(1)(e)(i)(C) a private institution of higher education, if the entity or division is certified by the commissioner under Title 53, Chapter 19, Certification of Private Law Enforcement Agency; and(1)(e)(ii) that exists primarily to prevent and detect crime and enforce criminal laws, statutes, and ordinances. See Utah Code 53-1-102- Law enforcement officer: means the same as that term is defined in Section
53-13-103 . See Utah Code 53-1-102- 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
- 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- Limited-term license certificate: means the evidence of the privilege granted and issued under this chapter to drive a motor vehicle to a person whose privilege was obtained providing evidence of lawful presence in the United States with one of the document requirements described in Subsection
53-3-205 (8)(a)(ii)(B). See Utah Code 53-3-102- Male: means the characteristic of an individual whose biological reproductive system is of the general type that functions to fertilize the ova of a female. See Utah Code 68-3-12.5
- Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
- Motor vehicle: means the same as that term is defined in Section
41-1a-102 . See Utah Code 53-3-102- Motorboat: means the same as that term is defined in Section
73-18-2 . See Utah Code 53-3-102- 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
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Office of Recovery Services: means the Office of Recovery Services, created in Section
26B-9-103 . 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- Owner: includes a person entitled to the use and possession of a vehicle subject to a security interest in another person but excludes a lessee under a lease not intended as security. See Utah Code 53-3-102
- Peace officer: means any officer certified in accordance with Title 53, Chapter 13, Peace Officer Classifications. See Utah Code 53-1-102
- Penalty accounts receivable: means a fine, restitution, forfeiture, fee, surcharge, or other financial penalty imposed on an individual by a court or other government entity. 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- 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.
- Private passenger carrier: means any motor vehicle for hire that is:
(37)(a)(i) designed to transport 15 or fewer passengers, including the driver; and(37)(a)(ii) operated to transport an employee of the person that hires the motor vehicle. See Utah Code 53-3-102- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- 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
- Regular license certificate: means the evidence of the privilege issued under this chapter to drive a motor vehicle whose privilege was obtained by providing evidence of lawful presence in the United States with one of the document requirements described in Subsection
53-3-205 (8)(a)(ii)(A). See Utah Code 53-3-102- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- 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 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- 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
- 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 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
- 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: 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
- Taxicab: means any class D motor vehicle transporting any number of passengers for hire and that is subject to state or federal regulation as a taxi. See Utah Code 53-3-102
- Testify: Answer questions in court.
- Testify: means to make an oral statement under oath or affirmation. See Utah Code 68-3-12.5
- Town: includes , depending on population, a metro township as defined in Section
10-3c-102 . See Utah Code 68-3-12.5- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
- 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
- Venue: The geographical location in which a case is tried.
- 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