53-3-204 - Persons who may not be licensed.
53-3-204. Persons who may not be licensed.
(1) (a) The division may not license a person who:
(i) is younger than 16 years of age;
(ii) has not completed a course in driver training approved by the commissioner;
(iii) if the person is a minor, has not completed the driving requirement under Section53-3-211;
(iv) is not a resident of the state, unless the person is issued a temporary CDL underSubsection 53-3-407(2)(b); or
(v) if the person is 17 years of age or younger, has not held a learner permit issued underSection 53-3-210.5 for six months.
(b) Subsections (1)(a)(i), (ii), and (iii) do not apply to a person:
(i) who has been licensed before July 1, 1967; or
(ii) who is 16 years of age or older making application for a license who has beenlicensed in another state or country.
(2) The division may not issue a license certificate to a person:
(a) whose license has been suspended, denied, cancelled, or disqualified during theperiod of suspension, denial, cancellation, or disqualification;
(b) whose privilege has been revoked, except as provided in Section 53-3-225;
(c) who has previously been adjudged mentally incompetent and who has not at the timeof application been restored to competency as provided by law;
(d) who is required by this chapter to take an examination unless the person successfullypasses the examination; or
(e) whose driving privileges have been denied or suspended under:
(i) Section 78A-6-606 by an order of the juvenile court; or
(ii) Section 53-3-231.
(3) (a) Except as provided in Subsection (3)(c), the division may not grant a motorcycleendorsement to a person who:
(i) has not been granted an original or provisional class D license, a CDL, or anout-of-state equivalent to an original or provisional class D license or a CDL; and
(ii) if the person is under 19 years of age, has not held a motorcycle learner permit fortwo months unless Subsection (3)(b) applies.
(b) The division may waive the two month motorcycle learner permit holding periodrequirement under Subsection (3)(a)(ii) if the person proves to the satisfaction of the division thatthe person has completed a motorcycle rider education program that meets the requirementsunder Section 53-3-903.
(c) The division may grant a motorcycle endorsement to a person under 19 years of agewho has not held a motorcycle learner permit for two months if the person was issued amotorcycle endorsement prior to July 1, 2008.
(4) The division may grant a class D license to a person whose commercial license isdisqualified under Part 4, Uniform Commercial Driver License Act, if the person is not otherwisesanctioned under this chapter.
Amended by Chapter 356, 2009 General Session