Public Safety, Driver License

Rule R708-45

Exception for Renewal or Duplicate License for a Utah Resident Temporarily Residing Out of State

Notice of Proposed Rule

(New Rule)

DAR File No.: 33110
Filed: 10/29/2009 03:09:59 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to outline under what circumstances the Utah Driver License Division may issue a renewal or a duplicate to a current Utah Driver License holder who is temporarily out of the state and is unable to appear at an examining office to obtain another license.

Summary of the rule or change:

This rule is being established in response to S. B. 40 (2009 General Session) which deleted language that allowed the division to issue a renewal or duplicate license without a photo to an applicant not living in the state. This rule will outline the process for the division to issue a renewal or duplicate license to an individual who is a Utah resident but temporarily residing out of state providing the applicant has a digitized photo on file. (DAR NOTE: S.B. 40 (2009) is found at Chapter 315, Laws of Utah 2009, and will be effective 01/01/2010.)

State statutory or constitutional authorization for this rule:

• Section 53-3-104
• Section 53-3-205

Anticipated cost or savings to:

the state budget:

There are no anticipated cost or savings to the state because this rule will only slightly modify the current process.

local governments:

There are no anticipated cost or savings to local government because local governments are not involved in providing Utah driver licenses or identification cards.

small businesses:

There are no anticipated cost or savings to small businesses because small businesses are not involved in providing Utah driver licenses or identification cards.

persons other than small businesses, businesses, or local governmental entities:

There is no impact to other persons because the current process allowed under existing state law will be modified slightly and continue under the provisions of this rule.

Compliance costs for affected persons:

Individuals who apply for a renewal or duplicate license will be required to pay the appropriate license fee as established in Section 53-3-105.

Comments by the department head on the fiscal impact the rule may have on businesses:

I have reviewed this rule and I see not fiscal impact on business.

D. Lance Davenport, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Public Safety
Driver License
4501 S 2700 W 3RD FL
SALT LAKE CITY, UT 84119-5595

Direct questions regarding this rule to:

• Marge Dalton at the above address, by phone at 801-965-4456, by FAX at 801-957-8502, or by Internet E-mail at modalton@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/15/2009

This rule may become effective on:

12/22/2009

Authorized by:

Nannette Rolfe, Director

R708. Public Safety, Driver License.

R708-45. Exception for Renewal or Duplicate License for a Utah Resident Temporarily Residing Out of State.

R708-45-1. Purpose.

Effective January 1, 2010, the Utah Driver License Division will issue a renewal or a duplicate regular license certificate through the mail under the provisions of this rule to an individual who is a Utah resident that is temporarily residing outside of the state.

 

R708-45-2. Authority.

This rule is authorized by Section 53-3-104 and 53-3-205.

 

R708-45-3. Definitions.

(1) "Driving Privilege Card" means the evidence of the privilege granted and issued under Chapter 53-3 to drive a motor vehicle to a person whose privilege was obtained without providing evidence of lawful presence in the United States.

(2) "Limited-Term License Certificate" means the evidence of the privilege granted and issued under Chapter 53-3 to drive a motor vehicle to a person whose privilege was obtained providing evidence of lawful presence in the United States with one of the document requirements described in Subsection 53-3-205(8)(a)(ii)(B).

(3) "Regular Driver License Certificate" means the evidence of the privilege issued under this chapter to drive a motor vehicle whose privilege was obtained by providing evidence of lawful presence in the United States with one of the document requirements described in Subsection 53-3-205(8)(a)(ii)(A).

 

R708-45-4. Provisions.

(1) A valid Regular License Certificate holder with a digitized driver license photo on file with the division who is a resident of the state of Utah and is temporarily residing outside the state of Utah may apply for a renewal or a duplicate of their driver license under the provisions of this rule.

(a) Upon request and verification of eligibility, a driver will be mailed an application form, a Certificate of Visual Examination, a medical questionnaire, and general instructions for completion of the renewal or duplicate license process.

(b) During the five year period prior to the application request date, the driver's record may not contain evidence which may represent a hazard to public safety.

(c) Drivers will be required to comply with verification of identity, verification of legal presence, social security number verification, and Utah residency verification requirements pursuant to Section 53-3-205 in order to complete the license application process.

(d) Drivers who are 64 years and 6 months old or older, or who have answered "yes" to the vision question under category "I" on the medical questionnaire, must furnish a current Certificate of Visual Examination form before renewing under the provisions of this rule.

(e) Drivers will mail in the completed application; required identity, legal presence, social security number and Utah residence address documents; and appropriate fees to the Driver License Division, after which the division will mail out a renewal or duplicate license certificate.

(2) Drivers that have changed their name or do not have the appropriate restrictions under Section 53-3-208 on their present driver's license are not eligible to obtain a renewal or a duplicate of their driver license under the provisions of this rule.

(3) A driver whose current license has been issued under the provisions of this rule may only renew by mail or receive another duplicate through the mail in the following renewal cycle if approved by the division director or designee. Drivers may renew under the provisions of this rule only once in a ten year period unless approved by the division director or designee.

(4) In the event that the driver license has already expired at the time the driver license application is submitted through the mail, the application for renewal will not be processed unless it is received within six months from the current expiration date.

(5) If the applicant is ordered to active duty and stationed outside Utah in any of the armed forces of the United States, and the driver license is valid until 90 days after the person has been discharged or has left the service, the division may issue a renewal or duplicate license under the provisions of this rule;

(a) unless the license has been suspended, disqualified, denied, revoked or cancelled by the division;

(b) upon receipt of supporting documentation or verification that establishes that the individual is ordered to active duty in addition to the requirements as outlined in subsection (1).

(c) the renewal license certificate will reflect an updated expiration date, however, the license will remain in effect until 90 days after the person has been discharged or has left the service.

(7) Commercial drivers under the "Commercial Driver License Act", Limited-Term License holders and Driving Privilege Card holders do not qualify to obtain a duplicate or renew under the provisions of this rule.

 

KEY: driver license

Date of Enactment or Last Substantive Amendment: 2009

Authorizing, Implemented, or Interpreted Law: 53-3-104; 53-3-205