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)