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[Utah Administrative Code Table of Contents]
[Title R708. Table of Contents]
R708-3-1 Purpose.
The purpose of this rule is to establish procedures for the administration of a point system for drivers age 21 and older as mandated by Subsection 53-3-221 (4) and a point system for drivers age 20 and younger as mandated by Subsection 53-3-209 (2).
R708-3-2 Authority.
This rule is authorized by Subsections 53-3-209 (2), 53-3-221 (4), and 63-46b-5 (1).
R708-3-3 Definitions.
(1) "Defensive driving course" means a course sponsored and conducted by a certified designee of the Utah Safety Council or the National Safety Council which allows the division to grant a 50 point reduction from the driving records of drivers who successfully complete the course.
(2) "Division" means the Driver License Division of the Utah Department of Public Safety.
(3) "License" means the privilege to drive a motor vehicle.
(4) "Probation" means a division sanction whereby a driver is permitted to drive by complying with certain terms and conditions established by the division.
R708-3-4 Point Assignment.
(1) In compliance with Subsection 53-3-221 (4), the division shall determine a number of points to be assigned to each moving traffic violation as a measure of the violation's seriousness.
(2) In compliance with Subsection 53-3-221 (4)(c), the driving record of the driver will be assessed 35 points for minimum speeding violations, 55 points for intermediate speeding violations, and 75 points for maximum speeding violations. Since excessive speed has been demonstrated by the National Safety Council and the Department of Public Safety's Utah Traffic Accident Summary to be a leading contributing factor in causing vehicular accidents, the division has determined that the assessing of no points for minimum speeding violations would be detrimental to public safety.
(3) This rule incorporates by reference the current edition of: "The Code Violation Table", published by the Driver License Division, Utah Department of Public Safety, which is available for public review and inspection at the division office, reception desk, 4501 South 2700 West, Salt Lake City, Utah 84130-0560. This document lists the number of points assigned to moving traffic violations.
R708-3-5 Point Increase or Decrease.
(1) Total points accumulated will be increased or decreased by the following means:
(a) a 10% increase or decrease in points assigned to any moving violation, except speed violations in accordance with Subsection 53-3-221 (4)(b);
(b) a 50 point decrease once in a three year period after successfully completing the "Defensive Driving Course" in accordance with this rule;
(c) a 50% point decrease after one year of violation free driving in accordance with Subsection 53-3-221 (4)(d); and
(d) a 100% point decrease after two years of violation free driving in accordance with Subsection 53-3-221 (4)(d).
(2) The assigned points for any moving violation, except for alcohol/drug violations, will be dropped three years after the violation occurred in accordance with Subsection 53-3-221 (4)(d).
(3) The assigned points for alcohol/drug violations will remain on the driver's driving record for six years. If there are violations by a commercial driver in a commercial vehicle, the alcohol/drug related violations will remain on the driver's driving record for ten years pursuant to 49 CFR 383.51.
R708-3-6 Point System Thresholds for Drivers Age 21 and Older.
(1) Upon receiving notice of a court conviction of a moving traffic violation, the division will post the violation to the driving record of the individual convicted, along with the points assigned to the violation, as designated in the code violation table.
(2) The division will use the following point thresholds to determine the severity of the sanction to be levied against the driver:
(a) 150 to 199 points: driver is sent a warning letter;
(b) 200 points: driver must appear for a hearing;
(c) 200 to 299 points: driver may be placed on probation or suspended for three months;
(d) 300 to 399 points: driver is suspended for 3 months;
(e) 400 to 599 points: driver is suspended for 6 months; and
(f) 600 or more points: driver is suspended for 1 year.
(3) A driver who is within a designated threshold may be considered for action at a lower threshold if completion of the defensive driving course has lowered the point total to that lower threshold.
(4) The suspension time is doubled, up to a maximum of one year, for a second or subsequent suspension within a three year period.
R708-3-7 Point System for Drivers Age 20 and Younger.
(1) In compliance with Subsection 53-3-209 (2), a series of point thresholds are established to facilitate behavioral influence upon drivers age 20 and younger. The point thresholds are designed to take remedial action earlier than is provided for drivers who are age 21 and older.
(2) In compliance with Subsection 53-3-209 (2), and in conjunction with the consideration of point totals, the division may counsel a driver with regards to the development of safe driving attitudes, habits, and skills.
R708-3-8 Point System Thresholds for Drivers Age 20 and Younger.
(1) Upon receiving notice of a court conviction of a moving traffic violation, the division will post the violation to the driving record of the individual convicted, along with the points assigned to the violation, as designated in the code violation table.
(2) The division will use the following point thresholds to determine the severity of the sanction to be levied against the driver:
(a) 35 to 69 points: driver is sent a warning letter;
(b) 70 points: driver must appear for a hearing;
(c) 70 to 139 points: driver may be placed on probation or denied for 30 days;
(d) 140 to 199 points, or violation of probation for the first time in a three year period: driver may be denied for 30 days;
(e) 140 to 199 points for a second time in a three year period or a second probation violation in a three year period: driver may be denied for 60 days;
(f) 140 to 199 points for a third time in a three year period or a third probation violation in a three year period: driver may be suspended for 90 days;
(g) 200 to 249 points: driver is suspended for 60 days;
(h) 250 to 349 points: driver is suspended for 90 days;
(i) 350 to 449 points: driver is suspended for 6 months; and
(j) 450 or more: driver is suspended for 1 year.
(3) A driver who is within a designated threshold may be considered for action at a lower threshold if completion of the defensive driving course has lowered the point total to that lower threshold.
(4) In accordance with Subsection 53-3-209 (2)(b)(iii), the first two sanctions within a three year period will deny a driving privilege unless the point total is 200 or more. A third or additional sanction within a three year period will result in a suspension at the next highest threshold, which doubles in length for each succeeding sanction within the three year period up to a maximum of one year.
R708-3-9 Hearing.
Drivers who are sanctioned under the provisions of this point system rule are entitled to a hearing in accordance with Subsection 53-3-221 (5)(a)(i) and R708-35.
[Indexing]
KEY: traffic violations, point-system
October 6, 1997
[Editor's note: Below are references
to the Utah Code that are listed by the
agency making this rule as authority
for the rule.]
53-3-209
(2)
53-3-221
(4)
Notice of Continuation August 5, 1997
