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Commercial Driver License Modifications
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jefferson S. Burton
Senate Sponsor:
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LONG TITLE
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General Description:
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This bill addresses qualifications for a commercial driver license.
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Highlighted Provisions:
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This bill:
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▸ modifies which criminal offenses disqualify a driver from holding a commercial driver
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license; and
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▸ requires a commercial driver license applicant to complete a background check.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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53-3-407, as last amended by Laws of Utah 2022, Chapter 46
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53-3-413, as last amended by Laws of Utah 2019, Chapter 382
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 53-3-407 is amended to read:
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53-3-407 . Qualifications for commercial driver license -- Fee -- Third parties
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may administer skills test.
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(1)(a) As used in this section, "CDL driver training school" means a business enterprise
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conducted by an individual, association, partnership, or corporation that:
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(i) educates and trains persons, either practically or theoretically, or both, to drive
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commercial motor vehicles; and
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(ii) prepares an applicant for an examination under Subsection (2)(a)(iii).
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(b) A CDL driver training school may charge a consideration or tuition for the services
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provided under Subsection (1)(a).
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(2)(a) Except as provided in Subsection (2)(c), a CDL may be issued only to a person
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who:
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(i) is a resident of this state or is an out-of-state resident if the person qualifies for a
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non-domiciled CDL as defined in 49 C.F.R. Part 383;
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(ii) has held a CDIP for a minimum of 14 days prior to taking the skills test under 49
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C.F.R. Part 383, including a person who is upgrading a CDL class or endorsement
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requiring a skills test under 49 C.F.R. Part 383;
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(iii) has passed a test of knowledge and skills for driving a commercial motor vehicle,
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that complies with minimum standards established by federal regulation in 49
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C.F.R. Part 383, Subparts G and H; and
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(iv) has complied with all requirements of 49 C.F.R. Part 383 and other applicable
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state laws and federal regulations.
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(b) A person who applies for a CDL is exempt from the requirement to pass a skills test
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to be eligible for the license if the person:
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(i) is a resident of the state of Utah;
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(ii) has successfully completed a skills test administered by a state or a party
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authorized by a state or jurisdiction that is compliant with 49 C.F.R. Part 383; and
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(iii) held a valid Utah CDIP at the time the test was administered.
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(c) The department shall waive any tests specified in this section for a commercial driver
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license applicant who, subject to the limitations and requirements of 49 C.F.R. Sec.
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383.77, meets all certifications required for a waiver under 49 C.F.R. Sec. 383.77 and
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certifies that the applicant:
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(i) is a member of the active or reserve components of any branch or unit of the
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armed forces or a veteran who received an honorable or general discharge from
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any branch or unit of the active or reserve components of the United States Armed
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Forces;
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(ii) is or was regularly employed in a position in the armed forces requiring operation
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of a commercial motor vehicle; and
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(iii) has legally operated, while on active duty for at least two years immediately
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preceding application for a commercial driver license, a vehicle representative of
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the commercial motor vehicle the driver applicant operates or expects to operate.
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(d) An applicant who requests a waiver under Subsection (2)(c) shall present a
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completed application for a military skills test waiver at the time of the request.
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(3) For the first time, the division may not grant a CDL to an individual if:
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(a) within three years immediately preceding application for a CDL, the individual has
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been convicted of a violation of Subsection 76-3-203.5(1)(c) or Section 41-6a-210; or
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(b) the individual has been convicted of a violation of Section 76-5-103 with:
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(i) the use of a motor vehicle; or
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(ii) a road rage enhancement as described in Section 76-3-203.17.
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[(3)] (4) Tests required under this section shall be prescribed and administered by the
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division.
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[(4)] (5) The division shall authorize a person, an agency of this state, an employer, a private
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driver training facility or other private institution, or a department, agency, or entity of
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local government to administer the skills test required under this section if:
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(a) the test is the same test as prescribed by the division, and is administered in the same
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manner; and
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(b) the party authorized under this section to administer the test has entered into an
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agreement with the state that complies with the requirements of 49 C.F.R. Sec.
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383.75.
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[(5)] (6)(a) An out-of-state resident who holds a valid CDIP issued by a state or
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jurisdiction that is compliant with 49 C.F.R. Part 383 may take a skills test
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administered by a party authorized under this section.
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(b) A person authorized under this section to administer the skills test may charge a fee
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for administration of the skills test.
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(c) A person authorized under this section to administer the skills test shall:
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(i) electronically transmit skills test results for an out-of-state resident to the licensing
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agency in the state or jurisdiction in which the person has obtained a valid CDIP;
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and
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(ii) provide the out-of-state resident with documentary evidence upon successful
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completion of the skills test.
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[(6)] (7) A person who has an appointment with the division for testing and fails to keep the
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appointment or to cancel at least 48 hours in advance of the appointment shall pay the
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fee under Section 53-3-105.
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[(7)] (8) A person authorized under this section to administer the skills test is not criminally
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or civilly liable for the administration of the test unless he administers the test in a
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grossly negligent manner.
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[(8)] (9) The division may waive the skills test required under this section if it determines
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that the applicant meets the requirements of 49 C.F.R. Sec. 383.77.
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Section 2. Section 53-3-413 is amended to read:
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53-3-413 . Issuance of CDL by division -- Driving record -- Expiration date --
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Renewal -- Hazardous materials provision.
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(1)(a) Before the division may grant a CDL, the division shall obtain the driving record
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information regarding the applicant through the CDLIS, the NDR, and from each
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state where the applicant has been licensed[.] ; and
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(b) Beginning July 1, 2025, shall obtain the applicant's completed fingerprint
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background check by the Bureau of Criminal Identification and the Federal Bureau of
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Investigation.
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(c) The background check described in Subsection (1)(a)(ii) is valid for the entire
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application period.
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(2) The division shall notify the CDLIS and provide all information required to ensure
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identification of the CDL holder within 10 days after:
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(a) issuing a CDL following application for an original, renewal, transfer, or upgrade of
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the CDL; or
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(b) any change is made to the identifying information of a CDL holder.
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(3)(a) The expiration date for a CDL is the birth date of the holder in the fifth year
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following the year of issuance of the CDL.
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(b) A limited-term CDL expires on:
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(i) the expiration date of the period of time of the individual's authorized stay in the
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United States or on the date provided in Subsection (3)(a), whichever is sooner; or
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(ii) on the birth date of the applicant in the first year following the year that the
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limited-term CDL was issued if there is no definite end to the individual's period
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of authorized stay.
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(c) A CDL held by an individual ordered to active duty and stationed outside Utah in
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any of the armed forces of the United States, which expires during the time period the
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individual is stationed outside of the state, is valid until 90 days after the individual
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has been discharged or has left the service, unless:
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(i) the license is suspended, disqualified, denied, or has been cancelled or revoked by
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the division; or
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(ii) the licensee updates the information or photograph on the license certificate.
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(4)(a) The applicant for a renewal of a CDL shall complete the application form required
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by Section 53-3-410 and provide updated information and required certification.
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(b) In addition to the requirements under Subsection (4)(a), the applicant for a renewal
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of a limited-term CDL shall present documentary evidence that the status by which
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the individual originally qualified for the limited-term CDL has been extended by the
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United States Citizenship and Immigration Services or other authorized agency of the
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United States Department of Homeland Security.
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(5) The division shall distinguish a limited-term CDL by clearly indicating on the document:
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(a) that it is temporary; and
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(b) its expiration date.
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(6)(a) The division may not issue a hazardous materials endorsement on a CDL unless
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the applicant meets the security threat assessment standards of the federal
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Transportation Security Administration.
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(b) The division shall revoke the hazardous materials endorsement on a CDL upon
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receiving notice from the federal Transportation Security Administration that the
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individual holding a hazardous materials endorsement does not meet Transportation
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Security Administration security threat assessment standards.
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(c) To obtain an original hazardous materials endorsement or retain a hazardous
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materials endorsement upon CDL renewal or transfer, the applicant must take and
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pass the knowledge test for hazardous materials endorsement in addition to any other
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testing required by the division.
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(7) Unless otherwise provided, the provisions, requirements, classes, endorsements, fees,
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restrictions, and sanctions under this code apply to a limited-term CDL in the same way
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as a CDL issued under this chapter.
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Section 3. Effective Date.
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This bill takes effect on May 7, 2025.
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