Utah 2023 Regular Session

Utah House Bill HB0440 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy H.B. 440
	1	+	1st Sub. H.B. 440
	2	+	LEGISLATIVE GENERAL COUNSEL
	3	+	6 Approved for Filing: B. Hess 6
	4	+	6 02-20-23 2:25 PM 6
	5	+	H.B. 440
	6	+	1st Sub. (Buff)
	7	+	Representative Kay J. Christofferson proposes the following substitute bill:
2	8		1 INTRASTATE COMMERCI AL VEHICLE AMENDMENTS
3	9		2 2023 GENERAL SESSION
4	10		3 STATE OF UTAH
5	11		4 Chief Sponsor: Kay J. Christofferson
6	12		5 Senate Sponsor: Michael K. McKell
7	13		6
8	14		7LONG TITLE
9	15		8General Description:
10	16		9 This bill amends the definition of an interstate and intrastate commercial vehicle and
11	17		10amends the gross vehicle weight requirement for stopping at a port-of-entry.
12	18		11Highlighted Provisions:
13	19		12 This bill:
14		-	13 <amends the definition of an intrastate commercial vehicle by including the gross
15		-	14combination weight rating and gross combination weight;
16		-	15 <amends the definition of an intrastate commercial vehicle by increasing the gross
17		-	16vehicle weight rating and gross vehicle weight, and gross combination weight rating
18		-	17and gross combination weight from 26,000 or more pounds to 26,001 or more
19		-	18pounds; and
20		-	19 <amends the gross vehicle weight or gross combination weight requirement for a
21		-	20vehicle to stop at a port-of-entry from 10,001 or more pounds to 26,001 or more
22		-	21pounds.
23		-	22Money Appropriated in this Bill:
24		-	23 None
25		-	24Other Special Clauses:
26		-	25 None
27		-	26Utah Code Sections Affected:
28		-	27AMENDS:
29		-	28 53-3-102, as last amended by Laws of Utah 2022, Chapter 162 H.B. 440
30		-	Enrolled Copy
	20	+	13 <amends the definition of an interstate and intrastate commercial vehicle by
	21	+	14increasing the gross vehicle weight rating and gross vehicle weight from 26,000 or
	22	+	15more pounds to 26,001 or more pounds; and
	23	+	16 <amends the gross vehicle weight or gross combination weight requirement for a
	24	+	17vehicle to stop at a port-of-entry from 10,001 or more pounds to 26,001 or more
	25	+	18pounds.
	26	+	19Money Appropriated in this Bill:
	27	+	20 None
	28	+	21Other Special Clauses:
	29	+	22 None
	30	+	23Utah Code Sections Affected:
	31	+	24AMENDS:
	32	+	25 53-3-102, as last amended by Laws of Utah 2022, Chapter 162
	33	+	HB0440S01 1st Sub. (Buff) H.B. 440 02-20-23 2:25 PM
31	34		- 2 -
32		-	29 72-9-102, as last amended by Laws of Utah 2021, Chapter 118
33		-	30 72-9-502, as last amended by Laws of Utah 2021, Chapter 239
34		-	31
35		-	32Be it enacted by the Legislature of the state of Utah:
36		-	33 Section 1. Section 53-3-102 is amended to read:
37		-	34 53-3-102. Definitions.
38		-	35 As used in this chapter:
39		-	36 (1) "Autocycle" means a motor vehicle that:
40		-	37 (a) is designed to travel with three or fewer wheels in contact with the ground; and
41		-	38 (b) is equipped with:
42		-	39 (i) a steering mechanism;
43		-	40 (ii) seat belts; and
44		-	41 (iii) seating that does not require the operator to straddle or sit astride the motor
45		-	42vehicle.
46		-	43 (2) "Cancellation" means the termination by the division of a license issued through
47		-	44error or fraud or for which consent under Section 53-3-211 has been withdrawn.
48		-	45 (3) "Class D license" means the class of license issued to drive motor vehicles not
49		-	46defined as commercial motor vehicles or motorcycles under this chapter.
50		-	47 (4) "Commercial driver instruction permit" or "CDIP" means a commercial learner
51		-	48permit:
52		-	49 (a) issued under Section 53-3-408; or
53		-	50 (b) issued by a state or other jurisdiction of domicile in compliance with the standards
54		-	51contained in 49 C.F.R. Part 383.
55		-	52 (5) "Commercial driver license" or "CDL" means a license:
56		-	53 (a) issued substantially in accordance with the requirements of Title XII, Pub. L.
57		-	5499-570, the Commercial Motor Vehicle Safety Act of 1986, and in accordance with Part 4,
58		-	55Uniform Commercial Driver License Act, which authorizes the holder to drive a class of Enrolled Copy H.B. 440
	35	+	26 72-9-102, as last amended by Laws of Utah 2021, Chapter 118
	36	+	27 72-9-502, as last amended by Laws of Utah 2021, Chapter 239
	37	+	28
	38	+	29Be it enacted by the Legislature of the state of Utah:
	39	+	30 Section 1. Section 53-3-102 is amended to read:
	40	+	31 53-3-102. Definitions.
	41	+	32 As used in this chapter:
	42	+	33 (1) "Autocycle" means a motor vehicle that:
	43	+	34 (a) is designed to travel with three or fewer wheels in contact with the ground; and
	44	+	35 (b) is equipped with:
	45	+	36 (i) a steering mechanism;
	46	+	37 (ii) seat belts; and
	47	+	38 (iii) seating that does not require the operator to straddle or sit astride the motor
	48	+	39vehicle.
	49	+	40 (2) "Cancellation" means the termination by the division of a license issued through
	50	+	41error or fraud or for which consent under Section 53-3-211 has been withdrawn.
	51	+	42 (3) "Class D license" means the class of license issued to drive motor vehicles not
	52	+	43defined as commercial motor vehicles or motorcycles under this chapter.
	53	+	44 (4) "Commercial driver instruction permit" or "CDIP" means a commercial learner
	54	+	45permit:
	55	+	46 (a) issued under Section 53-3-408; or
	56	+	47 (b) issued by a state or other jurisdiction of domicile in compliance with the standards
	57	+	48contained in 49 C.F.R. Part 383.
	58	+	49 (5) "Commercial driver license" or "CDL" means a license:
	59	+	50 (a) issued substantially in accordance with the requirements of Title XII, Pub. L.
	60	+	5199-570, the Commercial Motor Vehicle Safety Act of 1986, and in accordance with Part 4,
	61	+	52Uniform Commercial Driver License Act, which authorizes the holder to drive a class of
	62	+	53commercial motor vehicle; and
	63	+	54 (b) that was obtained by providing evidence of lawful presence in the United States
	64	+	55with one of the document requirements described in Subsection 53-3-410(1)(i)(i).
	65	+	56 (6) (a) "Commercial driver license motor vehicle record" or "CDL MVR" means a 02-20-23 2:25 PM 1st Sub. (Buff) H.B. 440
59	66		- 3 -
60		-	56commercial motor vehicle; and
61		-	57 (b) that was obtained by providing evidence of lawful presence in the United States
62		-	58with one of the document requirements described in Subsection 53-3-410(1)(i)(i).
63		-	59 (6) (a) "Commercial driver license motor vehicle record" or "CDL MVR" means a
64		-	60driving record that:
65		-	61 (i) applies to a person who holds or is required to hold a commercial driver instruction
66		-	62permit or a CDL license; and
67		-	63 (ii) contains the following:
68		-	64 (A) information contained in the driver history, including convictions, pleas held in
69		-	65abeyance, disqualifications, and other licensing actions for violations of any state or local law
70		-	66relating to motor vehicle traffic control, committed in any type of vehicle;
71		-	67 (B) driver self-certification status information under Section 53-3-410.1; and
72		-	68 (C) information from medical certification record keeping in accordance with 49
73		-	69C.F.R. Sec. 383.73(o).
74		-	70 (b) "Commercial driver license motor vehicle record" or "CDL MVR" does not mean a
75		-	71motor vehicle record described in Subsection (30).
76		-	72 (7) (a) "Commercial motor vehicle" means a motor vehicle or combination of motor
77		-	73vehicles designed or used to transport passengers or property if the motor vehicle:
78		-	74 (i) has a gross vehicle weight rating or gross vehicle weight of 26,001 or more pounds,
79		-	75or gross combination weight rating or gross combination weight of 26,001 or more pounds or a
80		-	76lesser rating as determined by federal regulation;
81		-	77 (ii) is designed to transport 16 or more passengers, including the driver; or
82		-	78 (iii) is transporting hazardous materials and is required to be placarded in accordance
83		-	79with 49 C.F.R. Part 172, Subpart F.
84		-	80 (b) The following vehicles are not considered a commercial motor vehicle for purposes
85		-	81of Part 4, Uniform Commercial Driver License Act:
86		-	82 (i) equipment owned and operated by the United States Department of Defense when H.B. 440
87		-	Enrolled Copy
	67	+	57driving record that:
	68	+	58 (i) applies to a person who holds or is required to hold a commercial driver instruction
	69	+	59permit or a CDL license; and
	70	+	60 (ii) contains the following:
	71	+	61 (A) information contained in the driver history, including convictions, pleas held in
	72	+	62abeyance, disqualifications, and other licensing actions for violations of any state or local law
	73	+	63relating to motor vehicle traffic control, committed in any type of vehicle;
	74	+	64 (B) driver self-certification status information under Section 53-3-410.1; and
	75	+	65 (C) information from medical certification record keeping in accordance with 49
	76	+	66C.F.R. Sec. 383.73(o).
	77	+	67 (b) "Commercial driver license motor vehicle record" or "CDL MVR" does not mean a
	78	+	68motor vehicle record described in Subsection (30).
	79	+	69 (7) (a) "Commercial motor vehicle" means a motor vehicle or combination of motor
	80	+	70vehicles designed or used to transport passengers or property if the motor vehicle:
	81	+	71 (i) has a gross vehicle weight rating or gross vehicle weight of 26,001 or more pounds,
	82	+	72or gross combination weight rating or gross combination weight of 26,001 or more pounds or a
	83	+	73lesser rating as determined by federal regulation;
	84	+	74 (ii) is designed to transport 16 or more passengers, including the driver; or
	85	+	75 (iii) is transporting hazardous materials and is required to be placarded in accordance
	86	+	76with 49 C.F.R. Part 172, Subpart F.
	87	+	77 (b) The following vehicles are not considered a commercial motor vehicle for purposes
	88	+	78of Part 4, Uniform Commercial Driver License Act:
	89	+	79 (i) equipment owned and operated by the United States Department of Defense when
	90	+	80driven by any active duty military personnel and members of the reserves and national guard on
	91	+	81active duty including personnel on full-time national guard duty, personnel on part-time
	92	+	82training, and national guard military technicians and civilians who are required to wear military
	93	+	83uniforms and are subject to the code of military justice;
	94	+	84 (ii) vehicles controlled and driven by a farmer to transport agricultural products, farm
	95	+	85machinery, or farm supplies to or from a farm within 150 miles of his farm but not in operation
	96	+	86as a motor carrier for hire;
	97	+	87 (iii) firefighting and emergency vehicles; 1st Sub. (Buff) H.B. 440 02-20-23 2:25 PM
88	98		- 4 -
89		-	83driven by any active duty military personnel and members of the reserves and national guard on
90		-	84active duty including personnel on full-time national guard duty, personnel on part-time
91		-	85training, and national guard military technicians and civilians who are required to wear military
92		-	86uniforms and are subject to the code of military justice;
93		-	87 (ii) vehicles controlled and driven by a farmer to transport agricultural products, farm
94		-	88machinery, or farm supplies to or from a farm within 150 miles of his farm but not in operation
95		-	89as a motor carrier for hire;
96		-	90 (iii) firefighting and emergency vehicles;
97		-	91 (iv) recreational vehicles that are not used in commerce and are driven solely as family
98		-	92or personal conveyances for recreational purposes; and
99		-	93 (v) vehicles used to provide transportation network services, as defined in Section
100		-	9413-51-102.
101		-	95 (8) "Conviction" means any of the following:
102		-	96 (a) an unvacated adjudication of guilt or a determination that a person has violated or
103		-	97failed to comply with the law in a court of original jurisdiction or an administrative proceeding;
104		-	98 (b) an unvacated forfeiture of bail or collateral deposited to secure a person's
105		-	99appearance in court;
106		-	100 (c) a plea of guilty or nolo contendere accepted by the court;
107		-	101 (d) the payment of a fine or court costs; or
108		-	102 (e) violation of a condition of release without bail, regardless of whether the penalty is
109		-	103rebated, suspended, or probated.
110		-	104 (9) "Denial" or "denied" means the withdrawal of a driving privilege by the division to
111		-	105which the provisions of Title 41, Chapter 12a, Part 4, Proof of Owner's or Operator's Security,
112		-	106do not apply.
113		-	107 (10) "Director" means the division director appointed under Section 53-3-103.
114		-	108 (11) "Disqualification" means either:
115		-	109 (a) the suspension, revocation, cancellation, denial, or any other withdrawal by a state Enrolled Copy H.B. 440
	99	+	88 (iv) recreational vehicles that are not used in commerce and are driven solely as family
	100	+	89or personal conveyances for recreational purposes; and
	101	+	90 (v) vehicles used to provide transportation network services, as defined in Section
	102	+	9113-51-102.
	103	+	92 (8) "Conviction" means any of the following:
	104	+	93 (a) an unvacated adjudication of guilt or a determination that a person has violated or
	105	+	94failed to comply with the law in a court of original jurisdiction or an administrative proceeding;
	106	+	95 (b) an unvacated forfeiture of bail or collateral deposited to secure a person's
	107	+	96appearance in court;
	108	+	97 (c) a plea of guilty or nolo contendere accepted by the court;
	109	+	98 (d) the payment of a fine or court costs; or
	110	+	99 (e) violation of a condition of release without bail, regardless of whether the penalty is
	111	+	100rebated, suspended, or probated.
	112	+	101 (9) "Denial" or "denied" means the withdrawal of a driving privilege by the division to
	113	+	102which the provisions of Title 41, Chapter 12a, Part 4, Proof of Owner's or Operator's Security,
	114	+	103do not apply.
	115	+	104 (10) "Director" means the division director appointed under Section 53-3-103.
	116	+	105 (11) "Disqualification" means either:
	117	+	106 (a) the suspension, revocation, cancellation, denial, or any other withdrawal by a state
	118	+	107of a person's privileges to drive a commercial motor vehicle;
	119	+	108 (b) a determination by the Federal Highway Administration, under 49 C.F.R. Part 386,
	120	+	109that a person is no longer qualified to drive a commercial motor vehicle under 49 C.F.R. Part
	121	+	110391; or
	122	+	111 (c) the loss of qualification that automatically follows conviction of an offense listed in
	123	+	11249 C.F.R. Part 383.51.
	124	+	113 (12) "Division" means the Driver License Division of the department created in
	125	+	114Section 53-3-103.
	126	+	115 (13) "Downgrade" means to obtain a lower license class than what was originally
	127	+	116issued during an existing license cycle.
	128	+	117 (14) "Drive" means:
	129	+	118 (a) to operate or be in physical control of a motor vehicle upon a highway; and 02-20-23 2:25 PM 1st Sub. (Buff) H.B. 440
116	130		- 5 -
117		-	110of a person's privileges to drive a commercial motor vehicle;
118		-	111 (b) a determination by the Federal Highway Administration, under 49 C.F.R. Part 386,
119		-	112that a person is no longer qualified to drive a commercial motor vehicle under 49 C.F.R. Part
120		-	113391; or
121		-	114 (c) the loss of qualification that automatically follows conviction of an offense listed in
122		-	11549 C.F.R. Part 383.51.
123		-	116 (12) "Division" means the Driver License Division of the department created in
124		-	117Section 53-3-103.
125		-	118 (13) "Downgrade" means to obtain a lower license class than what was originally
126		-	119issued during an existing license cycle.
127		-	120 (14) "Drive" means:
128		-	121 (a) to operate or be in physical control of a motor vehicle upon a highway; and
129		-	122 (b) in Subsections 53-3-414(1) through (3), Subsection 53-3-414(5), and Sections
130		-	12353-3-417 and 53-3-418, the operation or physical control of a motor vehicle at any place within
131		-	124the state.
132		-	125 (15) (a) "Driver" means an individual who drives, or is in actual physical control of a
133		-	126motor vehicle in any location open to the general public for purposes of vehicular traffic.
134		-	127 (b) In Part 4, Uniform Commercial Driver License Act, "driver" includes any person
135		-	128who is required to hold a CDL under Part 4, Uniform Commercial Driver License Act, or
136		-	129federal law.
137		-	130 (16) "Driving privilege card" means the evidence of the privilege granted and issued
138		-	131under this chapter to drive a motor vehicle to a person whose privilege was obtained without
139		-	132providing evidence of lawful presence in the United States.
140		-	133 (17) "Electronic license certificate" means the evidence, in an electronic format as
141		-	134described in Section 53-3-235, of a privilege granted under this chapter to drive a motor
142		-	135vehicle.
143		-	136 (18) "Extension" means a renewal completed in a manner specified by the division. H.B. 440
144		-	Enrolled Copy
	131	+	119 (b) in Subsections 53-3-414(1) through (3), Subsection 53-3-414(5), and Sections
	132	+	12053-3-417 and 53-3-418, the operation or physical control of a motor vehicle at any place within
	133	+	121the state.
	134	+	122 (15) (a) "Driver" means an individual who drives, or is in actual physical control of a
	135	+	123motor vehicle in any location open to the general public for purposes of vehicular traffic.
	136	+	124 (b) In Part 4, Uniform Commercial Driver License Act, "driver" includes any person
	137	+	125who is required to hold a CDL under Part 4, Uniform Commercial Driver License Act, or
	138	+	126federal law.
	139	+	127 (16) "Driving privilege card" means the evidence of the privilege granted and issued
	140	+	128under this chapter to drive a motor vehicle to a person whose privilege was obtained without
	141	+	129providing evidence of lawful presence in the United States.
	142	+	130 (17) "Electronic license certificate" means the evidence, in an electronic format as
	143	+	131described in Section 53-3-235, of a privilege granted under this chapter to drive a motor
	144	+	132vehicle.
	145	+	133 (18) "Extension" means a renewal completed in a manner specified by the division.
	146	+	134 (19) "Farm tractor" means every motor vehicle designed and used primarily as a farm
	147	+	135implement for drawing plows, mowing machines, and other implements of husbandry.
	148	+	136 (20) "Highway" means the entire width between property lines of every way or place of
	149	+	137any nature when any part of it is open to the use of the public, as a matter of right, for traffic.
	150	+	138 (21) "Human driver" means the same as that term is defined in Section 41-26-102.1.
	151	+	139 (22) "Identification card" means a card issued under Part 8, Identification Card Act, to
	152	+	140a person for identification purposes.
	153	+	141 (23) "Indigent" means that a person's income falls below the federal poverty guideline
	154	+	142issued annually by the [U.S.] United States Department of Health and Human Services in the
	155	+	143Federal Register.
	156	+	144 (24) "License" means the privilege to drive a motor vehicle.
	157	+	145 (25) (a) "License certificate" means the evidence of the privilege issued under this
	158	+	146chapter to drive a motor vehicle.
	159	+	147 (b) "License certificate" evidence includes:
	160	+	148 (i) a regular license certificate;
	161	+	149 (ii) a limited-term license certificate; 1st Sub. (Buff) H.B. 440 02-20-23 2:25 PM
145	162		- 6 -
146		-	137 (19) "Farm tractor" means every motor vehicle designed and used primarily as a farm
147		-	138implement for drawing plows, mowing machines, and other implements of husbandry.
148		-	139 (20) "Highway" means the entire width between property lines of every way or place of
149		-	140any nature when any part of it is open to the use of the public, as a matter of right, for traffic.
150		-	141 (21) "Human driver" means the same as that term is defined in Section 41-26-102.1.
151		-	142 (22) "Identification card" means a card issued under Part 8, Identification Card Act, to
152		-	143a person for identification purposes.
153		-	144 (23) "Indigent" means that a person's income falls below the federal poverty guideline
154		-	145issued annually by the [U.S.] United States Department of Health and Human Services in the
155		-	146Federal Register.
156		-	147 (24) "License" means the privilege to drive a motor vehicle.
157		-	148 (25) (a) "License certificate" means the evidence of the privilege issued under this
158		-	149chapter to drive a motor vehicle.
159		-	150 (b) "License certificate" evidence includes:
160		-	151 (i) a regular license certificate;
161		-	152 (ii) a limited-term license certificate;
162		-	153 (iii) a driving privilege card;
163		-	154 (iv) a CDL license certificate;
164		-	155 (v) a limited-term CDL license certificate;
165		-	156 (vi) a temporary regular license certificate;
166		-	157 (vii) a temporary limited-term license certificate; and
167		-	158 (viii) an electronic license certificate created in Section 53-3-235.
168		-	159 (26) "Limited-term commercial driver license" or "limited-term CDL" means a license:
169		-	160 (a) issued substantially in accordance with the requirements of Title XII, Pub. L. No.
170		-	16199-570, the Commercial Motor Vehicle Safety Act of 1986, and in accordance with Part 4,
171		-	162Uniform Commercial Driver License Act, which authorizes the holder to drive a class of
172		-	163commercial motor vehicle; and Enrolled Copy H.B. 440
	163	+	150 (iii) a driving privilege card;
	164	+	151 (iv) a CDL license certificate;
	165	+	152 (v) a limited-term CDL license certificate;
	166	+	153 (vi) a temporary regular license certificate;
	167	+	154 (vii) a temporary limited-term license certificate; and
	168	+	155 (viii) an electronic license certificate created in Section 53-3-235.
	169	+	156 (26) "Limited-term commercial driver license" or "limited-term CDL" means a license:
	170	+	157 (a) issued substantially in accordance with the requirements of Title XII, Pub. L. No.
	171	+	15899-570, the Commercial Motor Vehicle Safety Act of 1986, and in accordance with Part 4,
	172	+	159Uniform Commercial Driver License Act, which authorizes the holder to drive a class of
	173	+	160commercial motor vehicle; and
	174	+	161 (b) that was obtained by providing evidence of lawful presence in the United States
	175	+	162with one of the document requirements described in Subsection 53-3-410(1)(i)(ii).
	176	+	163 (27) "Limited-term identification card" means an identification card issued under this
	177	+	164chapter to a person whose card was obtained by providing evidence of lawful presence in the
	178	+	165United States with one of the document requirements described in Subsection
	179	+	16653-3-804(2)(i)(ii).
	180	+	167 (28) "Limited-term license certificate" means the evidence of the privilege granted and
	181	+	168issued under this chapter to drive a motor vehicle to a person whose privilege was obtained
	182	+	169providing evidence of lawful presence in the United States with one of the document
	183	+	170requirements described in Subsection 53-3-205(8)(a)(ii)(B).
	184	+	171 (29) "Motor vehicle" means the same as that term is defined in Section 41-1a-102.
	185	+	172 (30) "Motor vehicle record" or "MVR" means a driving record under Subsection
	186	+	17353-3-109(6)(a).
	187	+	174 (31) "Motorboat" means the same as that term is defined in Section 73-18-2.
	188	+	175 (32) "Motorcycle" means every motor vehicle, other than a tractor, having a seat or
	189	+	176saddle for the use of the rider and designed to travel with not more than three wheels in contact
	190	+	177with the ground.
	191	+	178 (33) "Office of Recovery Services" means the Office of Recovery Services, created in
	192	+	179Section 62A-11-102.
	193	+	180 (34) "Operate" means the same as that term is defined in Section 41-1a-102. 02-20-23 2:25 PM 1st Sub. (Buff) H.B. 440
173	194		- 7 -
174		-	164 (b) that was obtained by providing evidence of lawful presence in the United States
175		-	165with one of the document requirements described in Subsection 53-3-410(1)(i)(ii).
176		-	166 (27) "Limited-term identification card" means an identification card issued under this
177		-	167chapter to a person whose card was obtained by providing evidence of lawful presence in the
178		-	168United States with one of the document requirements described in Subsection
179		-	16953-3-804(2)(i)(ii).
180		-	170 (28) "Limited-term license certificate" means the evidence of the privilege granted and
181		-	171issued under this chapter to drive a motor vehicle to a person whose privilege was obtained
182		-	172providing evidence of lawful presence in the United States with one of the document
183		-	173requirements described in Subsection 53-3-205(8)(a)(ii)(B).
184		-	174 (29) "Motor vehicle" means the same as that term is defined in Section 41-1a-102.
185		-	175 (30) "Motor vehicle record" or "MVR" means a driving record under Subsection
186		-	17653-3-109(6)(a).
187		-	177 (31) "Motorboat" means the same as that term is defined in Section 73-18-2.
188		-	178 (32) "Motorcycle" means every motor vehicle, other than a tractor, having a seat or
189		-	179saddle for the use of the rider and designed to travel with not more than three wheels in contact
190		-	180with the ground.
191		-	181 (33) "Office of Recovery Services" means the Office of Recovery Services, created in
192		-	182Section 62A-11-102.
193		-	183 (34) "Operate" means the same as that term is defined in Section 41-1a-102.
194		-	184 (35) (a) "Owner" means a person other than a lien holder having an interest in the
195		-	185property or title to a vehicle.
196		-	186 (b) "Owner" includes a person entitled to the use and possession of a vehicle subject to
197		-	187a security interest in another person but excludes a lessee under a lease not intended as security.
198		-	188 (36) "Penalty accounts receivable" means a fine, restitution, forfeiture, fee, surcharge,
199		-	189or other financial penalty imposed on an individual by a court or other government entity.
200		-	190 (37) (a) "Private passenger carrier" means any motor vehicle for hire that is: H.B. 440
201		-	Enrolled Copy
	195	+	181 (35) (a) "Owner" means a person other than a lien holder having an interest in the
	196	+	182property or title to a vehicle.
	197	+	183 (b) "Owner" includes a person entitled to the use and possession of a vehicle subject to
	198	+	184a security interest in another person but excludes a lessee under a lease not intended as security.
	199	+	185 (36) "Penalty accounts receivable" means a fine, restitution, forfeiture, fee, surcharge,
	200	+	186or other financial penalty imposed on an individual by a court or other government entity.
	201	+	187 (37) (a) "Private passenger carrier" means any motor vehicle for hire that is:
	202	+	188 (i) designed to transport 15 or fewer passengers, including the driver; and
	203	+	189 (ii) operated to transport an employee of the person that hires the motor vehicle.
	204	+	190 (b) "Private passenger carrier" does not include:
	205	+	191 (i) a taxicab;
	206	+	192 (ii) a motor vehicle driven by a transportation network driver as defined in Section
	207	+	19313-51-102;
	208	+	194 (iii) a motor vehicle driven for transportation network services as defined in Section
	209	+	19513-51-102; and
	210	+	196 (iv) a motor vehicle driven for a transportation network company as defined in Section
	211	+	19713-51-102 and registered with the Division of Consumer Protection as described in Section
	212	+	19813-51-104.
	213	+	199 (38) "Regular identification card" means an identification card issued under this
	214	+	200chapter to a person whose card was obtained by providing evidence of lawful presence in the
	215	+	201United States with one of the document requirements described in Subsection 53-3-804(2)(i)(i).
	216	+	202 (39) "Regular license certificate" means the evidence of the privilege issued under this
	217	+	203chapter to drive a motor vehicle whose privilege was obtained by providing evidence of lawful
	218	+	204presence in the United States with one of the document requirements described in Subsection
	219	+	20553-3-205(8)(a)(ii)(A).
	220	+	206 (40) "Renewal" means to validate a license certificate so that it expires at a later date.
	221	+	207 (41) "Reportable violation" means an offense required to be reported to the division as
	222	+	208determined by the division and includes those offenses against which points are assessed under
	223	+	209Section 53-3-221.
	224	+	210 (42) (a) "Resident" means an individual who:
	225	+	211 (i) has established a domicile in this state, as defined in Section 41-1a-202, or 1st Sub. (Buff) H.B. 440 02-20-23 2:25 PM
202	226		- 8 -
203		-	191 (i) designed to transport 15 or fewer passengers, including the driver; and
204		-	192 (ii) operated to transport an employee of the person that hires the motor vehicle.
205		-	193 (b) "Private passenger carrier" does not include:
206		-	194 (i) a taxicab;
207		-	195 (ii) a motor vehicle driven by a transportation network driver as defined in Section
208		-	19613-51-102;
209		-	197 (iii) a motor vehicle driven for transportation network services as defined in Section
210		-	19813-51-102; and
211		-	199 (iv) a motor vehicle driven for a transportation network company as defined in Section
212		-	20013-51-102 and registered with the Division of Consumer Protection as described in Section
213		-	20113-51-104.
214		-	202 (38) "Regular identification card" means an identification card issued under this
215		-	203chapter to a person whose card was obtained by providing evidence of lawful presence in the
216		-	204United States with one of the document requirements described in Subsection 53-3-804(2)(i)(i).
217		-	205 (39) "Regular license certificate" means the evidence of the privilege issued under this
218		-	206chapter to drive a motor vehicle whose privilege was obtained by providing evidence of lawful
219		-	207presence in the United States with one of the document requirements described in Subsection
220		-	20853-3-205(8)(a)(ii)(A).
221		-	209 (40) "Renewal" means to validate a license certificate so that it expires at a later date.
222		-	210 (41) "Reportable violation" means an offense required to be reported to the division as
223		-	211determined by the division and includes those offenses against which points are assessed under
224		-	212Section 53-3-221.
225		-	213 (42) (a) "Resident" means an individual who:
226		-	214 (i) has established a domicile in this state, as defined in Section 41-1a-202, or
227		-	215regardless of domicile, remains in this state for an aggregate period of six months or more
228		-	216during any calendar year;
229		-	217 (ii) engages in a trade, profession, or occupation in this state, or who accepts Enrolled Copy H.B. 440
	227	+	212regardless of domicile, remains in this state for an aggregate period of six months or more
	228	+	213during any calendar year;
	229	+	214 (ii) engages in a trade, profession, or occupation in this state, or who accepts
	230	+	215employment in other than seasonal work in this state, and who does not commute into the state;
	231	+	216 (iii) declares himself to be a resident of this state by obtaining a valid Utah driver
	232	+	217license certificate or motor vehicle registration; or
	233	+	218 (iv) declares himself a resident of this state to obtain privileges not ordinarily extended
	234	+	219to nonresidents, including going to school, or placing children in school without paying
	235	+	220nonresident tuition or fees.
	236	+	221 (b) "Resident" does not include any of the following:
	237	+	222 (i) a member of the military, temporarily stationed in this state;
	238	+	223 (ii) an out-of-state student, as classified by an institution of higher education,
	239	+	224regardless of whether the student engages in any type of employment in this state;
	240	+	225 (iii) a person domiciled in another state or country, who is temporarily assigned in this
	241	+	226state, assigned by or representing an employer, religious or private organization, or a
	242	+	227governmental entity; or
	243	+	228 (iv) an immediate family member who resides with or a household member of a person
	244	+	229listed in Subsections (42)(b)(i) through (iii).
	245	+	230 (43) "Revocation" means the termination by action of the division of a licensee's
	246	+	231privilege to drive a motor vehicle.
	247	+	232 (44) (a) "School bus" means a commercial motor vehicle used to transport pre-primary,
	248	+	233primary, or secondary school students to and from home and school, or to and from school
	249	+	234sponsored events.
	250	+	235 (b) "School bus" does not include a bus used as a common carrier as defined in Section
	251	+	23659-12-102.
	252	+	237 (45) "Suspension" means the temporary withdrawal by action of the division of a
	253	+	238licensee's privilege to drive a motor vehicle.
	254	+	239 (46) "Taxicab" means any class D motor vehicle transporting any number of
	255	+	240passengers for hire and that is subject to state or federal regulation as a taxi.
	256	+	241 Section 2. Section 72-9-102 is amended to read:
	257	+	242 72-9-102. Definitions. 02-20-23 2:25 PM 1st Sub. (Buff) H.B. 440
230	258		- 9 -
231		-	218employment in other than seasonal work in this state, and who does not commute into the state;
232		-	219 (iii) declares himself to be a resident of this state by obtaining a valid Utah driver
233		-	220license certificate or motor vehicle registration; or
234		-	221 (iv) declares himself a resident of this state to obtain privileges not ordinarily extended
235		-	222to nonresidents, including going to school, or placing children in school without paying
236		-	223nonresident tuition or fees.
237		-	224 (b) "Resident" does not include any of the following:
238		-	225 (i) a member of the military, temporarily stationed in this state;
239		-	226 (ii) an out-of-state student, as classified by an institution of higher education,
240		-	227regardless of whether the student engages in any type of employment in this state;
241		-	228 (iii) a person domiciled in another state or country, who is temporarily assigned in this
242		-	229state, assigned by or representing an employer, religious or private organization, or a
243		-	230governmental entity; or
244		-	231 (iv) an immediate family member who resides with or a household member of a person
245		-	232listed in Subsections (42)(b)(i) through (iii).
246		-	233 (43) "Revocation" means the termination by action of the division of a licensee's
247		-	234privilege to drive a motor vehicle.
248		-	235 (44) (a) "School bus" means a commercial motor vehicle used to transport pre-primary,
249		-	236primary, or secondary school students to and from home and school, or to and from school
250		-	237sponsored events.
251		-	238 (b) "School bus" does not include a bus used as a common carrier as defined in Section
252		-	23959-12-102.
253		-	240 (45) "Suspension" means the temporary withdrawal by action of the division of a
254		-	241licensee's privilege to drive a motor vehicle.
255		-	242 (46) "Taxicab" means any class D motor vehicle transporting any number of
256		-	243passengers for hire and that is subject to state or federal regulation as a taxi.
257		-	244 Section 2. Section 72-9-102 is amended to read: H.B. 440
258		-	Enrolled Copy
	259	+	243 As used in this chapter:
	260	+	244 (1) (a) "Commercial vehicle" includes:
	261	+	245 (i) an interstate commercial vehicle; and
	262	+	246 (ii) an intrastate commercial vehicle.
	263	+	247 (b) "Commercial vehicle" does not include the following vehicles for purposes of this
	264	+	248chapter:
	265	+	249 (i) equipment owned and operated by the United States Department of Defense when
	266	+	250driven by any active duty military personnel and members of the reserves and national guard on
	267	+	251active duty including personnel on full-time national guard duty, personnel on part-time
	268	+	252training, and national guard military technicians and civilians who are required to wear military
	269	+	253uniforms and are subject to the code of military justice;
	270	+	254 (ii) firefighting and emergency vehicles, operated by emergency personnel, not
	271	+	255including commercial tow trucks;
	272	+	256 (iii) recreational vehicles that are driven solely as family or personal conveyances for
	273	+	257noncommercial purposes; or
	274	+	258 (iv) vehicles owned by the state or a local government.
	275	+	259 (2) "Interstate commercial vehicle" means a self-propelled or towed motor vehicle used
	276	+	260on a highway in interstate commerce to transport passengers or property if the vehicle:
	277	+	261 (a) has a gross vehicle weight rating or gross vehicle weight of 10,001 or more pounds,
	278	+	262or gross combination weight rating [of 10,001 or more pounds;] or gross combination weight
	279	+	263of 10,001 or more pounds, whichever is greater;
	280	+	264 (b) is designed or used to transport more than eight passengers, including the driver, for
	281	+	265compensation;
	282	+	266 (c) is designed or used to transport more than 15 passengers, including the driver, and
	283	+	267is not used to transport passengers for compensation; or
	284	+	268 (d) (i) is used to transport materials designated as hazardous in accordance with 49
	285	+	269U.S.C. Sec. 5103; and
	286	+	270 (ii) is required to be placarded in accordance with regulations under 49 C.F.R., Subtitle
	287	+	271B, Chapter I, Subchapter C.
	288	+	272 (3) "Intrastate commercial vehicle" means a motor vehicle, vehicle, trailer, or
	289	+	273semitrailer used or maintained for business, compensation, or profit to transport passengers or 1st Sub. (Buff) H.B. 440 02-20-23 2:25 PM
259	290		- 10 -
260		-	245 72-9-102. Definitions.
261		-	246 As used in this chapter:
262		-	247 (1) (a) "Commercial vehicle" includes:
263		-	248 (i) an interstate commercial vehicle; and
264		-	249 (ii) an intrastate commercial vehicle.
265		-	250 (b) "Commercial vehicle" does not include the following vehicles for purposes of this
266		-	251chapter:
267		-	252 (i) equipment owned and operated by the United States Department of Defense when
268		-	253driven by any active duty military personnel and members of the reserves and national guard on
269		-	254active duty including personnel on full-time national guard duty, personnel on part-time
270		-	255training, and national guard military technicians and civilians who are required to wear military
271		-	256uniforms and are subject to the code of military justice;
272		-	257 (ii) firefighting and emergency vehicles, operated by emergency personnel, not
273		-	258including commercial tow trucks;
274		-	259 (iii) recreational vehicles that are driven solely as family or personal conveyances for
275		-	260noncommercial purposes; or
276		-	261 (iv) vehicles owned by the state or a local government.
277		-	262 (2) "Interstate commercial vehicle" means a self-propelled or towed motor vehicle used
278		-	263on a highway in interstate commerce to transport passengers or property if the vehicle:
279		-	264 (a) has a gross vehicle weight rating or gross vehicle weight of 10,001 or more pounds,
280		-	265or gross combination weight rating [of 10,001 or more pounds;] or gross combination weight
281		-	266of 10,001 or more pounds, whichever is greater;
282		-	267 (b) is designed or used to transport more than eight passengers, including the driver, for
283		-	268compensation;
284		-	269 (c) is designed or used to transport more than 15 passengers, including the driver, and
285		-	270is not used to transport passengers for compensation; or
286		-	271 (d) (i) is used to transport materials designated as hazardous in accordance with 49 Enrolled Copy H.B. 440
	291	+	274property on a highway only within the boundaries of this state if the commercial vehicle:
	292	+	275 (a) (i) has a manufacturer's gross vehicle weight rating or gross vehicle weight, or gross
	293	+	276combination weight rating [of 26,000 or more pounds] or gross combination weight of 26,001
	294	+	277or more pounds, whichever is greater, and is operated by an individual who is 18 years old or
	295	+	278older; or
	296	+	279 (ii) has a manufacturer's gross vehicle weight rating or gross combination weight rating
	297	+	280of 16,001 or more pounds and is operated by an individual who is under 18 years old;
	298	+	281 (b) (i) is designed to transport more than 15 passengers, including the driver; or
	299	+	282 (ii) is designed to transport more than 12 passengers, including the driver, and has a
	300	+	283manufacturer's gross vehicle weight rating or gross combination weight rating of 13,000 or
	301	+	284more pounds; or
	302	+	285 (c) is used in the transportation of hazardous materials and is required to be placarded
	303	+	286in accordance with 49 C.F.R. Part 172, Subpart F.
	304	+	287 (4) "Motor carrier" means a person engaged in or transacting the business of
	305	+	288transporting passengers, freight, merchandise, or other property by a commercial vehicle on a
	306	+	289highway within this state and includes a tow truck business.
	307	+	290 (5) "Owner" as pertaining to a vehicle, vessel, or outboard motor, means the same as
	308	+	291that term is defined in Section 41-1a-102.
	309	+	292 (6) "Property owner" means the owner or lessee of real property.
	310	+	293 (7) "State impound yard" means the same as that term is defined in Section 41-1a-102.
	311	+	294 (8) "Tow truck" means a motor vehicle constructed, designed, altered, or equipped
	312	+	295primarily for the purpose of towing or removing damaged, disabled, abandoned, seized, or
	313	+	296impounded vehicles from a highway or other place by means of a crane, hoist, tow bar, tow
	314	+	297line, dolly, tilt bed, or other means.
	315	+	298 (9) "Tow truck motor carrier" means a motor carrier that is engaged in or transacting
	316	+	299business for tow truck services.
	317	+	300 (10) "Tow truck operator" means an individual that performs operations related to a
	318	+	301tow truck service as an employee or as an independent contractor on behalf of a tow truck
	319	+	302motor carrier.
	320	+	303 (11) "Tow truck service" means the functions and any ancillary operations associated
	321	+	304with recovering, removing, and towing a vehicle and its load from a highway or other place by 02-20-23 2:25 PM 1st Sub. (Buff) H.B. 440
287	322		- 11 -
288		-	272U.S.C. Sec. 5103; and
289		-	273 (ii) is required to be placarded in accordance with regulations under 49 C.F.R., Subtitle
290		-	274B, Chapter I, Subchapter C.
291		-	275 (3) "Intrastate commercial vehicle" means a motor vehicle, vehicle, trailer, or
292		-	276semitrailer used or maintained for business, compensation, or profit to transport passengers or
293		-	277property on a highway only within the boundaries of this state if the commercial vehicle:
294		-	278 (a) (i) has a manufacturer's gross vehicle weight rating or gross vehicle weight, or gross
295		-	279combination weight rating [of 26,000 or more pounds] or gross combination weight of 26,001
296		-	280or more pounds, whichever is greater, and is operated by an individual who is 18 years old or
297		-	281older; or
298		-	282 (ii) has a manufacturer's gross vehicle weight rating or gross combination weight rating
299		-	283of 16,001 or more pounds and is operated by an individual who is under 18 years old;
300		-	284 (b) (i) is designed to transport more than 15 passengers, including the driver; or
301		-	285 (ii) is designed to transport more than 12 passengers, including the driver, and has a
302		-	286manufacturer's gross vehicle weight rating or gross combination weight rating of 13,000 or
303		-	287more pounds; or
304		-	288 (c) is used in the transportation of hazardous materials and is required to be placarded
305		-	289in accordance with 49 C.F.R. Part 172, Subpart F.
306		-	290 (4) "Motor carrier" means a person engaged in or transacting the business of
307		-	291transporting passengers, freight, merchandise, or other property by a commercial vehicle on a
308		-	292highway within this state and includes a tow truck business.
309		-	293 (5) "Owner" as pertaining to a vehicle, vessel, or outboard motor, means the same as
310		-	294that term is defined in Section 41-1a-102.
311		-	295 (6) "Property owner" means the owner or lessee of real property.
312		-	296 (7) "State impound yard" means the same as that term is defined in Section 41-1a-102.
313		-	297 (8) "Tow truck" means a motor vehicle constructed, designed, altered, or equipped
314		-	298primarily for the purpose of towing or removing damaged, disabled, abandoned, seized, or H.B. 440
315		-	Enrolled Copy
316		-	- 12 -
317		-	299impounded vehicles from a highway or other place by means of a crane, hoist, tow bar, tow
318		-	300line, dolly, tilt bed, or other means.
319		-	301 (9) "Tow truck motor carrier" means a motor carrier that is engaged in or transacting
320		-	302business for tow truck services.
321		-	303 (10) "Tow truck operator" means an individual that performs operations related to a
322		-	304tow truck service as an employee or as an independent contractor on behalf of a tow truck
323		-	305motor carrier.
324		-	306 (11) "Tow truck service" means the functions and any ancillary operations associated
325		-	307with recovering, removing, and towing a vehicle and its load from a highway or other place by
326		-	308means of a tow truck.
327		-	309 (12) "Transportation" means the actual movement of property or passengers by motor
328		-	310vehicle, including loading, unloading, and any ancillary service provided by the motor carrier
329		-	311in connection with movement by motor vehicle, which is performed by or on behalf of the
330		-	312motor carrier, its employees or agents, or under the authority of the motor carrier, its employees
331		-	313or agents, or under the apparent authority and with the knowledge of the motor carrier.
332		-	314 Section 3. Section 72-9-502 is amended to read:
333		-	315 72-9-502. Motor vehicles to stop at ports-of-entry -- Signs -- Exceptions --
334		-	316Rulemaking -- By-pass permits.
335		-	317 (1) Except under Subsection (3), a motor carrier operating a motor vehicle with a gross
336		-	318vehicle weight [of 10,001 pounds or more] or gross combination weight of 26,001 or more
337		-	319pounds, whichever is greater, shall stop at a port-of-entry as required under this section.
338		-	320 (2) The department may erect and maintain signs directing motor vehicles to a
339		-	321port-of-entry as provided in this section.
340		-	322 (3) A motor vehicle required to stop at a port-of-entry under Subsection (1) is exempt
341		-	323from this section if:
342		-	324 (a) the total one-way trip distance for the motor vehicle would be increased by more
343		-	325than 5% or three miles, whichever is greater if diverted to a port-of-entry; Enrolled Copy H.B. 440
344		-	- 13 -
345		-	326 (b) the motor vehicle is operating under a temporary port-of-entry by-pass permit
346		-	327issued under Subsection (4); or
347		-	328 (c) the motor vehicle is an implement of husbandry as defined in Section 41-1a-102
348		-	329being operated only incidentally on a highway as described in Section 41-1a-202.
349		-	330 (4) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
350		-	331the department shall make rules for the issuance of a temporary port-of-entry by-pass permit
351		-	332exempting a motor vehicle from the provisions of Subsection (1) if the department determines
352		-	333that the permit is needed to accommodate highway transportation needs due to multiple daily or
353		-	334weekly trips in the proximity of a port-of-entry.
354		-	335 (b) The rules under Subsection (4)(a) shall provide that one permit may be issued to a
355		-	336motor carrier for multiple motor vehicles.
	323	+	305means of a tow truck.
	324	+	306 (12) "Transportation" means the actual movement of property or passengers by motor
	325	+	307vehicle, including loading, unloading, and any ancillary service provided by the motor carrier
	326	+	308in connection with movement by motor vehicle, which is performed by or on behalf of the
	327	+	309motor carrier, its employees or agents, or under the authority of the motor carrier, its employees
	328	+	310or agents, or under the apparent authority and with the knowledge of the motor carrier.
	329	+	311 Section 3. Section 72-9-502 is amended to read:
	330	+	312 72-9-502. Motor vehicles to stop at ports-of-entry -- Signs -- Exceptions --
	331	+	313Rulemaking -- By-pass permits.
	332	+	314 (1) Except under Subsection (3), a motor carrier operating a motor vehicle with a gross
	333	+	315vehicle weight [of 10,001 pounds or more] or gross combination weight of 26,001 or more
	334	+	316pounds, whichever is greater, shall stop at a port-of-entry as required under this section.
	335	+	317 (2) The department may erect and maintain signs directing motor vehicles to a
	336	+	318port-of-entry as provided in this section.
	337	+	319 (3) A motor vehicle required to stop at a port-of-entry under Subsection (1) is exempt
	338	+	320from this section if:
	339	+	321 (a) the total one-way trip distance for the motor vehicle would be increased by more
	340	+	322than 5% or three miles, whichever is greater if diverted to a port-of-entry;
	341	+	323 (b) the motor vehicle is operating under a temporary port-of-entry by-pass permit
	342	+	324issued under Subsection (4); or
	343	+	325 (c) the motor vehicle is an implement of husbandry as defined in Section 41-1a-102
	344	+	326being operated only incidentally on a highway as described in Section 41-1a-202.
	345	+	327 (4) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
	346	+	328the department shall make rules for the issuance of a temporary port-of-entry by-pass permit
	347	+	329exempting a motor vehicle from the provisions of Subsection (1) if the department determines
	348	+	330that the permit is needed to accommodate highway transportation needs due to multiple daily or
	349	+	331weekly trips in the proximity of a port-of-entry.
	350	+	332 (b) The rules under Subsection (4)(a) shall provide that one permit may be issued to a
	351	+	333motor carrier for multiple motor vehicles.