Public Safety, Driver License

Section R708-39-4

Knowledge Testing

Notice of Proposed Rule

(Amendment)

DAR File No.: 33411
Filed: 02/25/2010 03:28:16 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The reason for this change is to strike language that allows the division to offer applicant's a picture test.

Summary of the rule or change:

The division no longer offers the knowledge test in the form of a picture test after reviewing Subsection 53-3-106(1)(c) which requires the division to examine the applicant's ability to read and understand simple English used in highway traffic and directional signs.

State statutory or constitutional authorization for this rule:

• Section 53-3-206

Anticipated cost or savings to:

the state budget:

There are no anticipated cost or savings to the State budget because a picture test is no longer offered.

local governments:

The is no cost or savings to local government because local government is not involved in testing for or issuing Utah driver licenses.

small businesses:

The is no cost or savings to small businesses because small businesses are not involved in testing for or issuing Utah driver licenses.

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

This amendment will not be a cost or savings to persons other than small businesses, businesses, or local government entities because written knowledge tests have always been offered by the division.

Compliance costs for affected persons:

There are no compliance costs for affected persons. The driver license fee includes any testing that may be required.

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

I have reviewed this rule and I see no fiscal impact on businesses.

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:

• Jill Laws at the above address, by phone at 801-964-4469, by FAX at 801-964-4482, or by Internet E-mail at jlaws@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:

04/14/2010

This rule may become effective on:

04/21/2010

Authorized by:

Nannette Rolfe, Director

R708. Public Safety, Driver License.

R708-39. Physical and Mental Fitness Testing.

R708-39-4. Knowledge Testing.

(1) In addition to other tests, the division may test an applicant's knowledge of the state's traffic laws and rules before issuing a driver license. The applicant must complete 80% of the questions correctly to pass the knowledge test.

(2) The division may waive the knowledge test for a renewal if the applicant meets the requirements stated in Section 53-3-214.

(3) The division may administer the knowledge test in the following ways: a written test; an oral test for those who have difficulty understanding and/or reading the English language; [a picture test for those who have difficulty understanding questions; ]a group test; and an open book test so applicant's can learn how to use the Driver License Handbook.[; and by any other means deemed necessary by the division to ensure an adequate knowledge and understanding of Utah traffic laws and rules.]

 

KEY: physical and mental fitness testing

Date of Enactment or Last Substantive Amendment: [January 24, 2003]2010

Notice of Continuation: October 15, 2007

Authorizing, and Implemented or Interpreted Law: 53-3-206