53-3-221 - Offenses which may result in denial, suspension, disqualification, or revocation of license without hearing -- Additional grounds for suspension -- Point system for traffic violations -- No
53-3-221. Offenses which may result in denial, suspension, disqualification, orrevocation of license without hearing -- Additional grounds for suspension -- Point systemfor traffic violations -- Notice and hearing -- Reporting of traffic violation procedures.
(1) By following the emergency procedures in Title 63G, Chapter 4, AdministrativeProcedures Act, the division may immediately deny, suspend, disqualify, or revoke the license ofany person without hearing and without receiving a record of the person's conviction of crimewhen the division has been notified or has reason to believe the person:
(a) has committed any offenses for which mandatory suspension or revocation of alicense is required upon conviction under Section 53-3-220;
(b) has, by reckless or unlawful driving of a motor vehicle, caused or contributed to anaccident resulting in death or injury to any other person, or serious property damage;
(c) is incompetent to drive a motor vehicle or is afflicted with mental or physicalinfirmities or disabilities rendering it unsafe for the person to drive a motor vehicle upon thehighways;
(d) has committed a serious violation of the motor vehicle laws of this state;
(e) has knowingly acquired, used, displayed, or transferred an item that purports to be anauthentic driver license certificate issued by a governmental entity if the item is not an authenticdriver license certificate or has permitted an unlawful use of the license as prohibited underSection 53-3-229; or
(f) has been convicted of serious offenses against traffic laws governing the movement ofmotor vehicles with a frequency that indicates a disrespect for traffic laws and a disregard for thesafety of other persons on the highways.
(2) (a) The division may suspend the license of a person under Subsection (1) when theperson has failed to comply with the terms stated on a traffic citation issued in this state, exceptthis Subsection (2) does not apply to highway weight limit violations or violations of lawgoverning the transportation of hazardous materials.
(b) This Subsection (2) applies to parking and standing violations only if a court hasissued a warrant for the arrest of a person for failure to post bail, appear, or otherwise satisfy theterms of the citation.
(c) (i) This Subsection (2) may not be exercised unless notice of the pending suspensionof the driving privilege has been sent at least 10 days previously to the person at the addressprovided to the division.
(ii) After clearance by the division, a report authorized by Section 53-3-104 may notcontain any evidence of a suspension that occurred as a result of failure to comply with the termsstated on a traffic citation.
(3) (a) The division may suspend the license of a person under Subsection (1) when thedivision has been notified by a court that the person has an outstanding unpaid fine, anoutstanding incomplete restitution requirement, or an outstanding warrant levied by order of acourt.
(b) The suspension remains in effect until the division is notified by the court that theorder has been satisfied.
(c) After clearance by the division, a report authorized by Section 53-3-104 may notcontain any evidence of the suspension.
(4) The division shall make rules establishing a point system as provided for in thisSubsection (4).
(a) (i) The division shall assign a number of points to each type of moving trafficviolation as a measure of its seriousness.
(ii) The points shall be based upon actual relationships between types of traffic violationsand motor vehicle traffic accidents.
(b) Every person convicted of a traffic violation shall have assessed against the person'sdriving record the number of points that the division has assigned to the type of violation ofwhich the person has been convicted, except that the number of points assessed shall bedecreased by 10% if on the abstract of the court record of the conviction the court has graded theseverity of violation as minimum, and shall be increased by 10% if on the abstract the court hasgraded the severity of violation as maximum.
(c) (i) A separate procedure for assessing points for speeding offenses shall beestablished by the division based upon the severity of the offense.
(ii) The severity of a speeding violation shall be graded as:
(A) "minimum" for exceeding the posted speed limit by up to 10 miles per hour;
(B) "intermediate" for exceeding the posted speed limit by from 11 to 20 miles per hour;and
(C) "maximum" for exceeding the posted speed limit by 21 or more miles per hour.
(iii) Consideration shall be made for assessment of no points on minimum speedingviolations, except for speeding violations in school zones.
(d) (i) Points assessed against a person's driving record shall be deleted for violationsoccurring before a time limit set by the division.
(ii) The time limit may not exceed three years.
(iii) The division may also delete points to reward violation-free driving for periods oftime set by the division.
(e) (i) By publication in two newspapers having general circulation throughout the state,the division shall give notice of the number of points it has assigned to each type of trafficviolation, the time limit set by the division for the deletion of points, and the point level at whichthe division will generally take action to deny or suspend under this section.
(ii) The division may not change any of the information provided above regarding pointswithout first giving new notice in the same manner.
(5) (a) (i) Upon denying or suspending the license of a person under this section, thedivision shall immediately notify the licensee in a manner specified by the division and affordhim an opportunity for a hearing in the county where the licensee resides.
(ii) The hearing shall be documented, and the division or its authorized agent mayadminister oaths, may issue subpoenas for the attendance of witnesses and the production ofrelevant books and papers, and may require a reexamination of the licensee.
(iii) One or more members of the division may conduct the hearing, and any decisionmade after a hearing before any number of the members of the division is as valid as if madeafter a hearing before the full membership of the division.
(iv) After the hearing the division shall either rescind its order of denial or suspension,extend the denial or suspension of the license, or revoke the license.
(b) The denial or suspension of the license remains in effect pending qualificationsdetermined by the division regarding a person:
(i) whose license has been denied or suspended following reexamination;
(ii) who is incompetent to drive a motor vehicle;
(iii) who is afflicted with mental or physical infirmities that might make him dangerouson the highways; or
(iv) who may not have the necessary knowledge or skill to drive a motor vehicle safely.
(6) (a) Subject to Subsection (6)(d), the division shall suspend a person's license whenthe division receives notice from the Office of Recovery Services that the Office of RecoveryServices has ordered the suspension of the person's license.
(b) A suspension under Subsection (6)(a) shall remain in effect until the division receivesnotice from the Office of Recovery Services that the Office of Recovery Services has rescindedthe order of suspension.
(c) After an order of suspension is rescinded under Subsection (6)(b), a report authorizedby Section 53-3-104 may not contain any evidence of the suspension.
(d) (i) If the division suspends a person's license under this Subsection (6), the divisionshall, upon application, issue a temporary limited driver license to the person if that person needsa driver license for employment, education, or child visitation.
(ii) The temporary limited driver license described in this section:
(A) shall provide that the person may operate a motor vehicle only for the purpose ofdriving to or from the person's place of employment, education, or child visitation;
(B) shall prohibit the person from driving a motor vehicle for any purpose other than apurpose described in Subsection (6)(d)(ii)(A); and
(C) shall expire 90 days after the day on which the temporary limited driver license isissued.
(iii) (A) During the period beginning on the day on which a temporary limited driverlicense is issued under this Subsection (6), and ending on the day that the temporary limiteddriver license expires, the suspension described in this Subsection (6) only applies if the personwho is suspended operates a motor vehicle for a purpose other than employment, education, orchild visitation.
(B) Upon expiration of a temporary limited driver license described in this Subsection(6)(d):
(I) a suspension described in Subsection (6)(a) shall be in full effect until the divisionreceives notice, under Subsection (6)(b), that the order of suspension is rescinded; and
(II) a person suspended under Subsection (6)(a) may not drive a motor vehicle for anyreason.
(iv) The division is not required to issue a limited driver license to a person under thisSubsection (6)(d) if there are other legal grounds for the suspension of the person's driver license.
(v) The division shall make rules, in accordance with Title 63G, Chapter 3, UtahAdministrative Rulemaking Act, to implement the provisions of this part.
(7) (a) The division may suspend or revoke the license of any resident of this state uponreceiving notice of the conviction of that person in another state of an offense committed therethat, if committed in this state, would be grounds for the suspension or revocation of a license.
(b) The division may, upon receiving a record of the conviction in this state of anonresident driver of a motor vehicle or motorboat of any offense under the motor vehicle lawsof this state, forward a certified copy of the record to the motor vehicle administrator in the statewhere the person convicted is a resident.
(8) (a) The division may suspend or revoke the license of any nonresident to drive amotor vehicle in this state for any cause for which the license of a resident driver may be
suspended or revoked.
(b) Any nonresident who drives a motor vehicle upon a highway when the person'slicense has been suspended or revoked by the division is guilty of a class C misdemeanor.
(9) (a) The division may not deny or suspend the license of any person for a period ofmore than one year except:
(i) for failure to comply with the terms of a traffic citation under Subsection (2);
(ii) upon receipt of a second or subsequent order suspending juvenile driving privilegesunder Section 53-3-219;
(iii) when extending a denial or suspension upon receiving certain records or reportsunder Subsection 53-3-220(2);
(iv) for failure to give and maintain owner's or operator's security under Section41-12a-411; or
(v) when the division suspends the license under Subsection (6).
(b) The division may suspend the license of a person under Subsection (2) until theperson shows satisfactory evidence of compliance with the terms of the traffic citation.
(10) (a) By following the emergency procedures in Title 63G, Chapter 4, AdministrativeProcedures Act, the division may immediately suspend the license of any person without hearingand without receiving a record of the person's conviction for a crime when the division hasreason to believe that the person's license was granted by the division through error or fraud orthat the necessary consent for the license has been withdrawn or is terminated.
(b) The procedure upon suspension is the same as under Subsection (5), except that afterthe hearing the division shall either rescind its order of suspension or cancel the license.
(11) (a) The division, having good cause to believe that a licensed driver is incompetentor otherwise not qualified to be licensed, may upon notice in a manner specified by the divisionof at least five days to the licensee require him to submit to an examination.
(b) Upon the conclusion of the examination the division may suspend or revoke theperson's license, permit him to retain the license, or grant a license subject to a restrictionimposed in accordance with Section 53-3-208.
(c) Refusal or neglect of the licensee to submit to an examination is grounds forsuspension or revocation of the licensee's license.
(12) (a) Except as provided in Subsection (12)(b), a report authorized by Section53-3-104 may not contain any evidence of a conviction for speeding on an interstate system inthis state if the conviction was for a speed of 10 miles per hour or less, above the posted speedlimit and did not result in an accident, unless authorized in a manner specified by the division bythe individual whose report is being requested.
(b) The provisions of Subsection (12)(a) do not apply for:
(i) a CDL license holder; or
(ii) a violation that occurred in a commercial motor vehicle.
(13) (a) By following the emergency procedures in Title 63G, Chapter 4, AdministrativeProcedures Act, the division may immediately suspend the license of a person if it has reason tobelieve that the person is the owner of a motor vehicle for which security is required under Title41, Chapter 12a, Financial Responsibility of Motor Vehicle Owners and Operators Act, and hasdriven the motor vehicle or permitted it to be driven within this state without the security beingin effect.
(b) The division may immediately suspend a driving privilege card holder's driving
privilege card if the division receives notification from the Motor Vehicle Division that:
(i) the driving privilege card holder is the registered owner of a vehicle; and
(ii) the driving privilege card holder's vehicle registration has been revoked underSubsection 41-1a-110(2)(a)(ii)(A).
(c) Section 41-12a-411 regarding the requirement of proof of owner's or operator'ssecurity applies to persons whose driving privileges are suspended under this Subsection (13).
(d) If the division exercises the right of immediate suspension granted under thisSubsection (13), the notice and hearing provisions of Subsection (5) apply.
(e) A person whose license suspension has been sustained or whose license has beenrevoked by the division under this Subsection (13) may file a request for agency actionrequesting a hearing.
(14) Any suspension or revocation of a person's license under this section alsodisqualifies any license issued to that person under Part 4, Uniform Driver License Act, of thischapter.
Amended by Chapter 322, 2008 General Session
Amended by Chapter 382, 2008 General Session