Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since October 1, 2019, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R708. Public Safety, Driver License.

Rule R708-51. Mobility Vehicle Permit.

As in effect on October 1, 2019

Table of Contents

R708-51-1. Authority.

This rule is authorized by Subsection 41-6a-1118.

R708-51-2. Purpose.

The purpose of the rule is to set forth the provisions for the issuance of a Mobility Vehicle Permit.

R708-51-3. Definitions.

(1) Definitions used in this rule are found in Sections 41-6a-1118 and 53-3-102.

(2) In addition:

(a) A Mobility Vehicle Permit "means" evidence that an individual may operate a vehicle certified by the Division within the restriction listed on the permit.

(b) Mobility Vehicle Permit Statement of Disability "means" a document approved by the Division and signed by a Health Care Professional as defined in Subsection 53-3-302(2) affirming:

(i) the applicant has a physical disability as defined in Section 41-6a-1118; and

(ii) the issuance of a Mobility Vehicle Permit would not constitute a public safety hazard.

R708-51-4. Permit Provisions.

(1) A person who has a physical disability and does not qualify for a motor vehicle operator license may apply for a Mobility Vehicle Permit. To qualify, the applicant shall:

(a) be a U.S. Citizen, Legal Permanent Resident Alien, or U.S. National;

(b) submit an application approved by the Division for a Mobility Vehicle Permit accompanied by the applicants Mobility Vehicle Permit Statement of Disability;

(c) provide acceptable documentation of the individual's identity and citizenship or lawful presence status as established in Utah Admin. Code R708-41;

(d) pay the required application fee;

(e) meet the minimum knowledge test requirement set forth by the Division; and

(f) meet the minimum skills test standards to safely operate an approved Mobility Vehicle.

(3) Upon receiving a Mobility Vehicle Permit, a person may operate an approved Mobility Vehicle on a Highway within the restrictions stated on the permit and in compliance with all traffic rules under Title 41 Chapter 6a.

(4) The authorization to operate a Mobility Vehicle is subject to Withdrawal, Denial, Suspension, and Revocation of the privilege in accordance with Title 53 Chapter 3 of Utah Code.

(5) Upon annual review, the Division shall determine whether:

(a) the vehicle operated by the permit holder continues to meet the requirements provided in this rule;

(b) the applicant has a physical disability as defined in Section 41-6a-1118; and

(c) the issuance of a Mobility Vehicle Permit would not constitute a public safety hazard.

R708-51-5. Mobility Vehicle Provisions.

(1) An approved Mobility Vehicle shall be equipped with:

(a) two headlamps;

(b) two tail lamps;

(c) two stop lamps on the rear;

(d) amber or red electric turn signals, one on each side of the front and rear;

(e) a braking system, other than a parking brake, that meets the requirements established in Section 41-6a-1623;

(f) a horn or other warning device that meets the requirements of Section 41-6a-1625;

(g) rearview mirrors on the right and left side of the driver in accordance with Section 41-6a-1627;

(h) a rearview mirror mounted centrally on the windshield;

(j) a windshield and windshield wipers;

(k) a speedometer, illuminated for nighttime operation;

(l) a seat designed for passengers, including a footrest and handhold for each passenger;

(m) seat belts for each vehicle occupant in vehicles with side-by-side seating;

(n) tires that have at least 2/32 inches or greater tire tread;

(o) a Mobility Vehicle placard, decal, or emblem displayed on the rear of the vehicle.

(p) four or more wheels, which shall remain in contact with the ground while the vehicle is in operation, and

(q) a cab enclosure or roll over protection system.

(2) An approved Mobility Vehicle may be operated upon a Utah street or highway by a permit holder within the restriction stated on the permit, unless the highway is an interstate freeway or a limited access highway as defined in Section 41-6a-102.

(3) A Mobility Vehicle may not be used to tow any unit while being operated by a Mobility Vehicle Permit holder.

(4) The operation of a Mobility Vehicle is subject to compliance with all traffic rules under Title 41 Chapter 6a.

R708-51-6. Denial.

(1) The Division may deny an individual the authorization to operate a Mobility Vehicle when it is determined by the Division that it is not in the best interest of public safety to issue or continue authorization of a Mobility Vehicle Permit.

R708-51-7. Administrative Proceedings.

All adjudicative proceedings for Mobility Vehicle Permits, including but not limited to, the application for and denial, suspension or revocation of authorization to operate a Mobility Vehicle, shall be conducted according to applicable rules for administrative proceedings as specified in Rules R708-14 and R708-35.

KEY

disability, mobility vehicles, mobility vehicle permits

Date of Enactment or Last Substantive Amendment

February 25, 2015

Authorizing, Implemented, or Interpreted Law

41-6a-1118; 53-3-102


Additional Information

Contact

For questions regarding the content or application of rules under Title R708, please contact the promulgating agency (Public Safety, Driver License). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.