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A. Regulations:
1. A person may not authorize or knowingly permit a motor vehicle owned by him or under his control to be driven by a person in violation of Utah Code Annotated, title 53, chapter 3.
2. A person may not rent a motor vehicle to another person unless the person who will be the driver is licensed in this State, or in the case of a nonresident, licensed under the laws of the state or country of his residence.
a. A person may not rent a motor vehicle to another person until he has inspected the license certificate of the person who will be the driver and verified the signature on the license certificate by comparison with the signature of the person who will be the driver written in his presence.
3. A person renting a motor vehicle to another shall keep a record of the:
a. Registration number of the rented motor vehicle;
b. Name and address of the person to whom the motor vehicle is rented;
c. Number of the license certificate of the renter; and
d. Date and place the license certificate was issued.
4. The record under subsection A3 of this section is open to inspection by any peace officer or officer or employee of the Utah Driver License Division.
5. A person may not employ a person to drive a motor vehicle who is not licensed as required under Utah Code Annotated, title 53, chapter 3.
6. As used in this section:
DRIVE: Means to operate or be in physical control of a motor vehicle upon a highway.
DRIVER: Means an individual who drives, or is in actual physical control of a motor vehicle in any location open to the general public for purposes of vehicular traffic.
LICENSE: Means the privilege to drive a motor vehicle.
LICENSE CERTIFICATE: Means the evidence of the privilege issued under this chapter to drive a motor vehicle.
a. "License certificate" evidence includes:
(1) A regular license certificate;
(2) A limited-term license certificate;
(3) A driving privilege card;
(4) A CDL license certificate;
(5) A limited-term CDL license certificate;
(6) A temporary regular license certificate;
(7) A temporary limited-term license certificate; and
(8) An electronic license certificate created under Utah Code Annotated, section 53-3-235.
MOTOR VEHICLE: Means a self-propelled vehicle intended primarily for use and operation on the highways.
a. "Motor vehicle" does not include:
(1) An off-highway vehicle; or
(2) A motor assisted scooter as defined in Utah Code Annotated, section 41-6a-102.
7. A person who violates this section is guilty of an infraction. (Ord. 19-12, 7-30-2019)
A. Regulations:
1. A person whose driving privilege has been denied, suspended, disqualified, or revoked under Utah Code Annotated, title 53, chapter 3 or under the laws of the state in which the person's driving privilege was granted and who drives any motor vehicle upon the highways of this State while that driving privilege is denied, suspended, disqualified, or revoked shall be punished as provided in this section.
2. A person convicted of a violation of subsection A1 of this section, other than a violation specified in subsection A3 of this section, is guilty of a Class C misdemeanor.
3. A person is guilty of a Class B misdemeanor if the person's conviction under subsection A1 of this section is based on the person driving a motor vehicle while the person's driving privilege is suspended, disqualified, or revoked for:
a. A refusal to submit to a chemical test under Utah Code Annotated, section 41-6a-520;
b. A violation of Utah Code Annotated, section 41-6a-502;
c. A violation of a local ordinance that complies with the requirements of Utah Code Annotated, section 41-6a-510;
d. A violation of Utah Code Annotated, section 41-6a-517;
e. A violation of Utah Code Annotated, section 76-5-207;
f. A criminal action that the person pled guilty to as a result of a plea bargain after having been originally charged with violating one or more of the sections or ordinances under this subsection A3;
g. A revocation or suspension which has been extended under Utah Code Annotated, section 53-3-220(2);
h. Where disqualification is the result of driving a commercial motor vehicle while the person's CDL is disqualified, suspended, canceled, or revoked under Utah Code Annotated, section 53-3-414(1); or
i. A violation of Utah Code Annotated, section 41-6a-530.
4. A person is guilty of a Class B misdemeanor if the person's conviction under subsection A1 of this section is based on the person driving a motor vehicle while the person's driving privilege is suspended, disqualified, or revoked by any state, the United States, or any district, possession, or territory of the United States for violations corresponding to the violations listed in subsection A3 of this section.
5. A fine imposed under subsection A3 of this section shall be at least the maximum fine for a Class C misdemeanor under Utah Code Annotated, section 76-3-301.
6. As used in this section:
CDL: Means a commercial driver license:
a. Issued substantially in accordance with the requirements of title XII, pub. L. 99-570, the Commercial Motor Vehicle Safety Act of 1986, and in accordance with Utah Code Annotated, title 53, chapter 3, part 4, Uniform Commercial Driver License Act, which authorizes the holder to drive a class of commercial motor vehicle; and
b. That was obtained by providing evidence of lawful presence in the United States with one of the document requirements described under Utah Code Annotated, section 53-3-410(1)(i)(i).
CANCELED: Means the termination by the Utah Driver License Division of a license issued through error or fraud or for which consent under Utah Code Annotated, section 53-3-211 has been withdrawn.
COMMERCIAL MOTOR VEHICLE: Means a motor vehicle or combination of motor vehicles designed or used to transport passengers or property if the motor vehicle:
a. Has a gross vehicle weight rating of twenty six thousand one (26,001) or more pounds or a lesser rating as determined by Federal regulation;
b. Is designed to transport sixteen (16) or more passengers, including the driver; or
c. Is transporting hazardous materials and is required to be placarded in accordance with 49 CFR part 172, subpart F.
CONVICTED OR CONVICTION: Means any of the following:
a. An unvacated adjudication of guilt or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or an administrative proceeding;
b. An unvacated forfeiture of bail or collateral deposited to secure a person's appearance in court;
c. A plea of guilty or nolo contendere accepted by the court;
d. The payment of a fine or court costs; or
e. Violation of a condition of release without bail, regardless of whether the penalty is rebated, suspended, or probated.
DENIED: Means the withdrawal of a driving privilege by the Utah Driver License Division.
DISQUALIFIED OR DISQUALIFICATION: Means either:
a. The suspension, revocation, cancellation, denial, or any other withdrawal by a state of a person's privileges to drive a commercial motor vehicle;
b. A determination by the Federal Highway Administration, under 49 CFR part 386, that a person is no longer qualified to drive a commercial motor vehicle under 49 CFR part 391; or
c. The loss of qualification that automatically follows conviction of an offense listed under 49 CFR part 383.51.
DRIVE: Means to operate or be in physical control of a motor vehicle upon a highway.
HIGHWAY: Means the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public, as a matter of right, for traffic.
MOTOR VEHICLE: Means a self-propelled vehicle intended primarily for use and operation on the highways.
a. "Motor vehicle" does not include:
(1) An off-highway vehicle; or
(2) A motor assisted scooter as defined in Utah Code Annotated, section 41-6a-102.
REVOCATION OR REVOKED: Means the termination by action of the Utah Driver License Division of a licensee's privilege to drive a motor vehicle.
SUSPENDED OR SUSPENSION: Means the temporary withdrawal by action of the Utah Driver License Division of a licensee's privilege to drive a motor vehicle. (Ord. 19-12, 7-30-2019)
A. Regulations:
1. Except as provided under subsection A2 of this section, an owner of a motor vehicle on which owner's or operator's security is required under Utah Code Annotated, section 41-12a-301, who operates the owner's vehicle or permits it to be operated on a highway in this State without owner's security being in effect is guilty of a Class C misdemeanor, and the fine shall not be less than:
a. Four hundred dollars ($400.00) for a first offense; and
b. One thousand dollars ($1,000.00) for a second and subsequent offense within three (3) years of a previous conviction or bail forfeiture.
2. A court may waive up to three hundred dollars ($300.00) of the fine charged to the owner of a motor vehicle under subsection A1a of this section if the owner demonstrates that owner's or operator's security required under Utah Code Annotated, section 41-12a-301 was obtained subsequent to the violation but before sentencing.
3. Except as provided under subsection A4 of this section, any other person who operates a motor vehicle upon a highway in Utah with the knowledge that the owner does not have owner's security in effect for the motor vehicle is also guilty of a Class C misdemeanor, and the fine shall not be less than:
a. Four hundred dollars ($400.00) for a first offense; and
b. One thousand dollars ($1,000.00) for a second and subsequent offense within three (3) years of a previous conviction or bail forfeiture.
4. A person that has in effect owner's security on a Utah- registered motor vehicle or its equivalent that covers the operation, by the person, of the motor vehicle in question is exempt from subsection A3 of this section.
5. As used in this section:
MOTOR VEHICLE: Means every self-propelled vehicle that is designed for use upon a highway, including trailers and semitrailers designed for use with other motorized vehicles.
a. "Motor vehicle" does not include traction engines, road rollers, farm tractors, tractor cranes, power shovels, and well drillers, and every vehicle that is propelled by electric power obtained from overhead wires but not operated upon rails.
OPERATOR: Means every person who is in actual physical control of a motor vehicle.
OWNER: Means:
a. A person who holds legal title to a motor vehicle;
b. A lessee in possession;
c. A conditional vendee or lessee if a motor vehicle is the subject of a conditional sale or lease with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession in the conditional vendee or lessee; or
d. A mortgagor if a motor vehicle is the subject of a mortgage with the mortgagor entitled to possession.
OWNER'S OR OPERATOR'S SECURITY, OWNER'S SECURITY, OR OPERATOR'S SECURITY: Means any of the following:
a. An insurance policy or combination of policies conforming to Utah Code Annotated, section 31A-22-302, which is issued by an insurer authorized to do business in Utah;
b. An insurance policy or combination of policies issued or renewed prior to January 1, 2009 that:
(1) Conformed to the minimum coverage limits of Utah Code Annotated, section 31A-22-304 prior to January 1, 2009; and
(2) Conform to the current requirements other than the minimum coverage limits of policies issued in accordance with Utah Code Annotated, section 31A-22-302;
c. A surety bond issued by an insurer authorized to do a surety business in Utah in which the surety is subject to the minimum coverage limits and other requirements of policies conforming to Utah Code Annotated, section 31A-22-302, which names the department as a creditor under the bond for the use of persons entitled to the proceeds of the bond;
d. A deposit with the State Treasurer of cash or securities complying with Utah Code Annotated, section 41-12a-406;
e. Maintaining a certificate of self-funded coverage under Utah Code Annotated, section 41-12a-407; or
f. A policy conforming to Utah Code Annotated, section 31A-22-302 issued by the Risk Management Fund created under Utah Code Annotated, section 63A-4-201. (Ord. 19-12, 7-30-2019)
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