2023 Utah Code › Title 53 - Public Safety Code › Chapter 3 - Uniform Driver License Act › Part 2 - Driver Licensing Act › Section 206 - Examination of applicant's physical and mental fitness to drive a motor vehicle.

Effective 5/3/2023
53-3-206.
Examination of applicant's physical and mental fitness to drive a motor vehicle.
(1) The division shall examine every applicant for a license, including a test of the applicant's:
(a) eyesight either:
(i) by the division; or
(ii) by allowing the applicant to furnish to the division a statement from a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or an optometrist licensed under Title 58, Chapter 16a, Utah Optometry Practice Act;
(b) ability to read and understand highway signs regulating, warning, and directing traffic;
(c) ability to read and understand simple English used in highway traffic and directional signs;
(d) knowledge of the state traffic laws;
(e) other physical and mental abilities the division finds necessary to determine the applicant's fitness to drive a motor vehicle safely on the highways; and
(f) ability to exercise ordinary and responsible control driving a motor vehicle, as determined by actual demonstration or other indicator.
(2)
(a) Subject to Subsection (2)(d), and notwithstanding the provisions of Subsection (1) or any other provision of law, the division shall allow an individual to take an examination of the individual's knowledge of the state traffic laws in the individual's preferred language:
(i) if the individual is a refugee, an approved asylee, or a covered humanitarian parolee:
(A) the first time the individual applies for a limited-term license certificate; and
(B) the first time the individual applies for a renewal of a limited-term license certificate; and
(ii) for any other individual applying for a class D license certificate:
(A) the first time the individual applies for a class D license certificate; and
(B) the first time the individual applies for a renewal of a class D license certificate.
(b)
(i) Upon the second renewal of a refugee's, an approved asylee's, or a covered humanitarian parolee's limited-term license certificate for a refugee, an approved asylee, or a covered humanitarian parolee that has taken the knowledge exam in the individual's preferred language under Subsection (2)(a), the division shall re-examine the individual's knowledge of the state traffic laws in English.
(ii) Upon the second renewal of an individual's class D license certificate of an individual who has taken the knowledge exam in the individual's preferred language under Subsection (2)(a)(ii), the division shall re-examine the individual's knowledge of the state traffic laws in English.
(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall make rules establishing the procedures and requirements for the examination of the individual's knowledge of the state traffic laws in the individual's preferred language.
(d)
(i) Beginning on July 1, 2023, for a class D license certificate, except for a driving privilege card issued under Section 53-3-207, the division shall administer the written knowledge examination in as many languages as reasonably possible given budgetary and other constraints.
(ii) If the division is unable to administer the written knowledge examination in a particular language, an individual may take an examination with the assistance of a translator approved by the division.
(iii) If an individual takes the examination with the assistance of a translator, the individual is responsible for the costs of the translator.
(e) In order to provide the services described in Subsection (2)(d)(i), the division may contract with a private vendor to provide the translation services or technology.
(3)
(a) For an applicant for an original or a renewal of a class D license, other than a driving privilege card or a limited term license certificate, the division shall provide the examination of an individual's knowledge of the state traffic laws in five commonly spoken languages in the state, other than English, as determined under Subsection (3)(c).
(b) An applicant for an original or a renewal of a class D license, other than a driving privilege card or a limited term license certificate, may request to take the examination of the individual's knowledge of the state traffic laws in a language other than English, if the requested language is one of five commonly spoken languages in the state as determined under Subsection (3)(c).
(c)
(i) The Division of Multicultural Affairs created in Section 9-21-201 shall recommend five commonly spoken languages in the state, other than English, for examination of an individual's knowledge of the state traffic laws.
(ii) The division shall offer the examination of an individual's knowledge of the state traffic laws in the five commonly spoken languages, other than English, recommended by the Division of Multicultural Affairs created in Section 9-21-201.
(4) The division shall determine whether any facts exist that would bar granting a license under Section 53-3-204.
(5) The division shall examine each applicant according to the class of license applied for.
(6) An applicant for a CDL shall meet all additional requirements of Part 4, Uniform Commercial Driver License Act, of this chapter.
(7) The division shall provide a report to the Transportation Interim Committee on or before October 1, 2023, regarding the written knowledge examination in languages other than English, including:
(a) costs associated with the program;
(b) the number of languages provided;
(c) the likelihood of adding additional languages in the future; and
(d) other information the division finds relevant.
Amended by Chapter 391, 2023 General Session