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HB 21
DRIVERS EDUCATION PROGRAM
1996 GENERAL SESSION
STATE OF UTAH
Sponsor: Bradley T. Johnson
AN ACT RELATING TO PUBLIC SAFETY AND PUBLIC EDUCATION; REQUIRING
SCHOOL DISTRICTS TO ISSUE PRACTICE PERMITS FOR CERTAIN PUPILS BY A
CERTAIN AGE; REQUIRING CERTAIN CLASSROOM TRAINING; AND MAKING
TECHNICAL CORRECTIONS.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
53-3-210 , as last amended by Chapter 3, Laws of Utah 1994
53A-13-201 , as enacted by Chapter 2, Laws of Utah 1988
53A-13-208 , as last amended by Chapter 3, Laws of Utah 1994
Be it enacted by the Legislature of the state of Utah:
Section 1.
Section
53-3-210
is amended to read:
53-3-210. Temporary learner permit -- Instruction permit -- Commercial driver
instruction permit -- Practice permit.
(1) (a) The division upon receiving an application for a class D or M license from a person
16 years of age or older may issue a temporary learner permit after the person has successfully
passed all parts of the examination not involving actually driving a motor vehicle.
(b) (i) The temporary learner permit allows the applicant to drive a motor vehicle upon the
highways for six months from the date of the application in conformance with the restrictions
indicated on the permit.
(ii) The applicant must have the permit in his immediate possession while driving a motor
vehicle.
(2) (a) The division, upon receiving an application, may issue an instruction permit
effective for one year to an applicant who is enrolled in a driver education program that includes
practice driving, if the program is approved by the State Office of Education, even though the
applicant has not reached the legal age to be eligible for a license.
(b) The instruction permit entitles the applicant, while having the permit in his immediate
possession, to drive a motor vehicle, only if an approved instructor is occupying a seat beside the
applicant or in accordance with the requirements of Subsections (4) and
53A-13-208
(4).
(3) The division may issue a commercial driver instruction permit under Title 53, Chapter
3, Part 4, Uniform Commercial Driver License Act.
(4) (a) The division [may] shall issue a practice permit to an applicant who:
(i) is at least 15 years and nine months of age;
(ii) has been issued an instruction permit under this section;
(iii) is enrolled in or has successfully completed a driver education course in a commercial
driver training school licensed under Title 53, Chapter 3, Part 5, Commercial Driver Training
Schools Act;
(iv) has passed the written test required by the division;
(v) has passed the physical and mental fitness tests; and
(vi) has submitted the nonrefundable fee for a class D license.
(b) The division shall supply the practice permit form. The form shall include the following
information:
(i) the person's full name, date of birth, sex, home address, height, weight, and eye color;
(ii) the name of the school providing the driver education course;
(iii) the dates of issuance and expiration of the permit;
(iv) the statutory citation authorizing the permit; and
(v) the conditions and restrictions contained in this section for operating a class D motor
vehicle.
(c) The practice permit is valid for up to 90 days from the date of issuance. The practice
permit allows the person to operate a class D motor vehicle when the person's parent, legal guardian,
or adult spouse, who must be a licensed driver, is occupying a seat next to the person and no other
passengers are in the vehicle.
(d) A person shall have the practice permit in his immediate possession at all times when
operating a motor vehicle under this section.
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(e) If an applicant has been issued a practice permit by the division, the applicant may obtain
an original or provisional class D license from the division upon passing the skills test administered
by the division and reaching 16 years of age.
Section 2.
Section
53A-13-201
is amended to read:
53A-13-201. Driver education established by school districts.
(1) (a) Local school districts may establish and maintain driver education classes for pupils
[enrolled in grades ten to 12, inclusive, or who have attained their 16th birthday, provided that each
pupil will not complete his driver education training before his 16th birthday].
(b) A school that provides driver education shall provide opportunity for each pupil enrolled
in that school to take the written test and be issued a practice permit when the pupil is 15 years and
nine months of age.
(2) "Driver education," as used in this chapter, includes classroom instruction and
behind-the-wheel driving and observation in a dual controlled automobile.
(3) The aims and purposes of driver education are to develop the knowledge, attitudes,
habits, and skills necessary for the safe operation of motor vehicles.
(4) The State Board of Education shall prescribe rules for driver education classes in the
public schools.
(5) The rules under Subsection (4) shall require at least one hour of classroom training on
the subject of railroad crossing safety for each driver education pupil.
Section 3.
Section
53A-13-208
is amended to read:
53A-13-208. Driver education teachers certified as license examiners.
(1) The Driver License Division of the Department of Public Safety and the State Board of
Education through the State Office of Education shall establish procedures and standards to certify
teachers of driver education classes under this part to administer written and driving tests.
(2) The division is the certifying authority.
(3) (a) A teacher certified under this section shall give written and driving tests designed for
driver education classes authorized under this part.
(b) The Driver License Division shall, in conjunction with the State Office of Education,
- 3 -
establish minimal standards for the driver education class tests that are at least as difficult as those
required to receive a class D operator's license under Title 53, Chapter 3, Uniform Drivers License
Act.
(c) A student who passes the written test but fails the driving test given by a teacher certified
under this section may apply for a class D operator's license under Title 53, Chapter 3, Part 2, Driver
Licensing Act, and complete the driving test at a Driver License Division office.
(4) (a) A certified driver education teacher [may] shall issue a practice permit to a student
who:
(i) is at least 15 years and nine months of age;
(ii) passes the written test given by the teacher under this section; and
(iii) has been issued an instruction permit under Subsection
53-3-210
(2).
(b) The State Office of Education shall supply the practice permit form. The form shall
include the following information:
(i) the student's full name, date of birth, sex, home address, height, weight, and eye color;
(ii) the name of the school providing the driver education program;
(iii) the name and signature of the driver education teacher;
(iv) the dates of issuance and expiration of the permit;
(v) the statutory citation authorizing the permit; and
(vi) the conditions and restrictions contained in this section for operating a class D motor
vehicle.
(c) The practice permit is valid for up to 90 days from the date of issuance. The practice
permit allows the student to operate a class D motor vehicle when the student's parent, legal
guardian, or adult spouse, who must be a licensed driver, is occupying a seat next to the student and
no other passengers are in the vehicle.
(d) A student shall have the practice permit in his immediate possession at all times when
operating a motor vehicle under this section.
(5) A student who successfully passes the tests given by a certified driver education teacher
under this section satisfies the written and driving parts of the test required for a class D operator's
- 4 -
license.
(6) The Driver License Division and the State Board of Education shall establish procedures
to enable school districts to administer or process any tests for students to receive a class D
operator's license.
(7) The division and board shall establish the standards and procedures required under this
section by rules made in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking
Act.
- 5 -
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