DAR File No. 41205

Public Safety, Driver License

Rule R708-39

Physical and Mental Fitness Testing

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 41205
Filed: 01/20/2017 01:49:35 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

This rule is authorized by Subsection 53-3-104(1), which requires the division to make rules for examining applicants for a license, as necessary for the safety and welfare of the traveling public. Section 53-3-206 requires the division to examine every applicant�s physical and mental fitness to operate a motor vehicle.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No comments have been received supporting or opposing this rule.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule is required under Subsection 53-3-104(1), which requires the division to make rules for examining applicants for a license, as necessary for the safety and welfare of the traveling public. Section 53-3-206 requires the division to examine every applicant�s physical and mental fitness to operate a motor vehicle. This rule outlines specific testing that will be administered to determine an applicant's physical and mental fitness, as well as knowledge of the traffic laws and rules. In accordance with Section 53-3-206, this rule establishes principles by which this division shall determine the physical and mental aptitude of each candidate for a Utah Driver License. Using these guidelines, we ensure that the Division examines the driver�s understanding of simple English and knowledge of state laws. This rule also establishes the need for eyesight standards along with the potential need for further review of medical conditions by way of a doctor's statement. Using this rule, the Division clarifies the methods of knowledge testing, scoring standards, and subject material used for administering knowledge exams to ensure that they serve the Division in establishing a standard of mental and physical aptitude that matches the legislative intent. Therefore, this rule should be continued.

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

Public Safety
Driver License
CALVIN L RAMPTON COMPLEX
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
• Kim Gibb at the above address, by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov

Effective:

01/20/2017

Authorized by:

Chris Caras, Director