DAR File No. 28782

Public Safety, Driver License

R708-26

Temporary Learner Permit Rule

NOTICE OF PROPOSED RULE

DAR File No.: 28782
Filed: 06/07/2006, 01:13
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of the rule change is to allow 15-year olds to apply for a new learner permit that will allow them to practice driving with a driver education instructor, parent, or legal guardian. This rule is in response to H.B. 363, which was passed in the 2006 General Session of the Utah Legislature. (DAR NOTE: H.B. 363 (2006) is found at Chapter 201, Laws of Utah 2006, and will be effective 08/01/2006.)

Summary of the rule or change:

The statute was changed to allow 15-year olds to apply and get a learner permit good for 12 months. This permit allows them to practice driving with a driver education instructor, a parent, or a legal guardian. They still have to be 16 years of age, and complete driver education before they can get a permanent Utah Driver license. Because this is a new change in the law, the title Temporary Learner Permit Rule was changed to Learner Permit Rule.

State statutory or constitutional authorization for this rule:

Subsection 53-3-104(1)(b)

Anticipated cost or savings to:

the state budget:

It will cost the division approximately $495,000 to fund an additional 8 employees to operate the new program of allowing 15-year olds to get a learner permit. This cost will be offset by charging $15 per applicant. It is anticipated there will be from 30,000 to 80,000 applicants this first year, which will offset the cost.

local governments:

There will be no cost to local governments because issuing a learner permit to drive is exclusively a state responsibility.

other persons:

There will be a new $15 fee for those who are 15 and older in order to get a learner permit. The licensing fees to get a driver license will not change.

Compliance costs for affected persons:

There will be no extra cost to high school driver education programs because of the additional responsibilities of the Driver License Division to operate the new program.

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

There will be no fiscal impact on businesses due to this rule change. Robert Flowers, Commissioner

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

Direct questions regarding this rule to:

Vinn Roos at the above address, by phone at 801-965-4456, by FAX at 801-964-4482, or by Internet E-mail at vroos@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:

07/31/2006

This rule may become effective on:

08/07/2006

Authorized by:

Nannette Rolfe, Director

RULE TEXT

R708. Public Safety, Driver License.

R708-26. [Temporary ]Learner Permit Rule.

R708-26-1. Purpose.

The purpose of the rule is to set forth the restrictions to be imposed on a person driving a motor vehicle with a [temporary ]learner's permit.

R708-26-2. Authority.

This rule is authorized by Subsection 53-3-104(1)(b).

R708-26-3. Definitions.

[ "Learner" a person who has been issued a temporary learner permit.

"Adult Spouse" means any married person who is at least 18 years old.

"Temporary learner permit" means a temporary permit issued by the Driver license Division to a qualified person to drive on public roads as per the restrictions of this rule.

] "Learner permit" means a temporary restricted driving permit issued by the Driver License Division to a qualified person who has not completed all the requirements to obtain a full driving privilege.

R708-26-4. Restrictions.

[The restrictions in connection with a temporary learner permit are:

(1) A person who has completed a driver license education program and who qualifies for a driver license, except for passing the skills test, may obtain a temporary learner permit. The permit will allow the learner to drive a vehicle provided a parent, legal guardian, adult spouse, or anyone else who is at least 21 years of age, and who has a valid driver license, is riding in the vehicle with the learner. The person riding with the learner shall be there to coach and assess the driving skills of the learner prior to the time the learner receives full driving privileges;

(2) The permit must be in the learner's possession while the learner is learning to drive; and

(3) The permit is valid for 6 months;]The restrictions set forth in Section 53-3-210.5 for a driver holding a learner permit shall be printed on the permit along with any other restrictions deemed necessary by the Driver license Division.

R708-26-5. Motorcycle Learner Permit.

A person who has been issued a motorcycle learner permit may drive a motorcycle only during daylight hours and only without passengers.

KEY: learner permit

Date of Enactment or Last Substantive Amendment: [November 16, 1999]2006

Notice of Continuation: August 25, 2004

Authorizing, and Implemented or Interpreted Law: 53-3-210

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Vinn Roos at the above address, by phone at 801-965-4456, by FAX at 801-964-4482, or by Internet E-mail at vroos@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.