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8
53-3-404
53-3-412
0
State Commercial Driver License Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stephanie Pitcher
House Sponsor:
LONG TITLE
General Description:
This bill allows an individual authorized to work in the United States, but not domiciled in
Utah, to obtain a restricted driver license to operate a commercial vehicle within the state.
Highlighted Provisions:
This bill:
creates requirements for issuance of a "K" commercial driver license restriction to an
individual not domiciled in the state but otherwise qualified for a commercial driver
license; and
makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53-3-404
, as last amended by Laws of Utah 2011, Chapter 190
53-3-412
, as last amended by Laws of Utah 2016, Chapter 303
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
53-3-404
is amended to read:
53-3-404
. Requirements to drive commercial motor vehicle.
(1)
A person
An individual
may not drive a commercial motor vehicle, unless the
person
individual
has been issued and is in immediate possession of:
(a)
a CDL license certificate valid for the commercial motor vehicle the
person
individual
is driving; or
(b)
a valid CDIP license certificate in accordance with Section
53-3-408
.
(2)
(a)
A licensee shall display a CDL or CDIP license certificate upon demand of a
justice court judge, a peace officer, a special function officer, a port-of-entry officer,
or a designee of the division.
(b)
It is a defense to a charge under this section that the
person
individual
charged
produces in court a CDL or CDIP license certificate that is issued to the
person
individual
and
is
valid at the time of the citation or arrest.
(3)
A person
An individual
may not drive a commercial motor vehicle if the
person's
individual's
privilege to drive a commercial motor vehicle is:
(a)
suspended, revoked, or canceled;
(b)
subject to a disqualification;
(c)
subject to an out-of-service order; or
(d)
not medically certified as defined in Section
53-3-402
.
(4)
A person
An individual
may not drive a commercial motor vehicle if the commercial
motor vehicle is subject to an out-of-service order.
(5)
Notwithstanding any other provision of this part, the division shall issue a commercial
driver license bearing a "K" intrastate-only restriction described in Subsection
53-3-412
(1)(c)(ii) to an applicant who:
(a)
is lawfully present in the United States;
(b)
is authorized to work under federal law;
(c)
acknowledges, by a signed statement on a form provided by the division, that:
(i)
the license is valid only for intrastate commerce within Utah; and
(ii)
operation of a commercial motor vehicle in interstate commerce or outside Utah
while holding the license is prohibited and may result in sanction, disqualification,
or revocation; and
(d)
meets all knowledge, skills, and medical qualification standards applicable to
commercial driver licensing under this chapter.
(6)
(a)
An individual applying for a license under Subsection
(5)
is not required to be
domiciled in the state for purposes of 49 C.F.R. Part 383.
(b)
An individual currently domiciled in a foreign jurisdiction who applies for a license
described in Subsection
(5)
shall meet the requirements concerning applicants
domiciled in a foreign jurisdiction described in 49 C.F.R. Part 383.
(7)
A license issued under Subsection
(5)
:
(a)
shall clearly display the "K" intrastate-only restriction;
(b)
shall expire on the day that the individual's federal work authorization expires;
(c)
is not valid for operation of a commercial motor vehicle in interstate commerce or
outside Utah; and
(d)
does not constitute a commercial driver license under 49 C.F.R. Part 383 for
interstate purposes.
(8)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
division may make rules to issue intrastate-only commercial driver licenses bearing a
"K" intrastate-only restriction to lawfully present, non-domiciled individuals, including
procedures for verifying work authorization.
Section 2. Section
53-3-412
is amended to read:
53-3-412
. CDL classifications, endorsements, and restrictions.
(1)
A CDL may be granted with the following classifications, endorsements, and
restrictions:
(a)
Classifications:
(i)
Class A: any combination of vehicles with a GVWR of 26,001 pounds or more, if
the GVWR of the one or more vehicles being towed is in excess of 10,000 pounds;
(ii)
Class B: any single motor vehicle with a GVWR of 26,001 pounds or more,
including that motor vehicle when towing a vehicle with a GVWR of 10,000
pounds or less; and
(iii)
Class C: any single motor vehicle with a GVWR of less than 26,001 pounds or
that motor vehicle when towing a vehicle with a GVWR of 10,000 pounds or less
when the vehicle is designed:
(A)
to carry 16 or more passengers, including the driver;
(B)
as a school bus, and weighing less than 26,001 pounds GVWR; or
(C)
to transport hazardous materials that requires the vehicle to be placarded under
49 C.F.R. Part 172, Subpart F.
(b)
Endorsements:
(i)
"H" authorizes the driver to drive a commercial motor vehicle transporting
hazardous materials as defined in 49 C.F.R. Sec. 383.5.
(ii)
"N" authorizes the driver to drive a tank vehicle.
(iii)
"P" authorizes the driver to drive a motor vehicle designed to carry 16 or more
passengers including the driver.
(iv)
"S" authorizes the driver to transport preprimary, primary, or secondary school
students from home to school, school to home, or to and from school-sponsored
events.
(v)
"T" authorizes the driver to drive a commercial motor vehicle with a double or
triple trailer.
(vi)
"X" authorizes the driver to drive a tank vehicle and transport hazardous
materials.
(c)
Restrictions:
(i)
"E" restricts the driver from driving a commercial motor vehicle with a manual
transmission.
(ii)
(A)
"K" restricts the driver to driving intrastate only any commercial motor
vehicle as defined by 49 C.F.R. Parts 383 and 390.
(B)
The division may issue a CDL bearing a "K" restriction as described in
Section
53-3-404
to an otherwise qualified applicant who is lawfully present in
the United States but who is not domiciled in Utah for purposes of 49 C.F.R.
Part 383.
(iii)
"L" restricts the driver to driving a commercial motor vehicle not equipped with
air brakes.
(iv)
"J" provides for other CDL restrictions.
(v)
"M" restricts a driver from transporting passengers using a class A bus.
(vi)
"N" restricts a driver from transporting passengers using a class A or class B bus.
(vii)
"O" restricts a driver from driving a commercial motor vehicle equipped with a
tractor trailer.
(viii)
(A)
"V" indicates that the driver has been issued a variance by the Federal
Motor Carrier Safety Administration in reference to the driver's medical
certification status.
(B)
A driver with a "V" restriction shall have the letter outlining the specifications
for the variance in the driver's possession along with the driver's commercial
driver license when operating a commercial motor vehicle.
(ix)
"Z" restricts a driver from driving a commercial motor vehicle with non-fully
equipped air brakes.
(2)
A commercial driver instruction permit may be granted with the following
classifications, endorsements, and restrictions:
(a)
Classifications:
(i)
Class A: any combination of vehicles with a GVWR of 26,001 pounds or more, if
the GVWR of the one or more vehicles being towed is in excess of 10,000 pounds;
(ii)
Class B: any single motor vehicle with a GVWR of 26,001 pounds or more,
including that motor vehicle when towing a vehicle with a GVWR of 10,000
pounds or less; and
(iii)
Class C: any single motor vehicle with a GVWR of less than 26,001 pounds or
that motor vehicle when towing a vehicle with a GVWR of 10,000 pounds or less
when the vehicle is designed:
(A)
to carry 16 or more passengers, including the driver;
(B)
as a school bus, and weighing less than 26,001 pounds GVWR; or
(C)
to transport hazardous material that requires the vehicle to be placarded under
49 C.F.R. Part 172, Subpart F.
(b)
Endorsements:
(i)
"N" authorizes the driver to drive a tank vehicle. An "N" endorsement may only
be issued with an "X" restriction.
(ii)
"P" authorizes the driver to drive a motor vehicle designed to carry 16 or more
passengers including the driver. A "P" endorsement may only be issued with a
"P" restriction.
(iii)
"S" authorizes the driver to transport preprimary, primary, or secondary school
students from home to school, school to home, or to and from school-sponsored
events. An "S" endorsement may only be issued with a "P" restriction.
(c)
Restrictions:
(i)
"K" restricts the driver to driving intrastate only any commercial motor vehicle as
defined by 49 C.F.R. Parts 383 and 390.
(ii)
"L" restricts the driver to driving a commercial motor vehicle not equipped with
air brakes.
(iii)
"M" restricts a driver from transporting passengers using a class A bus.
(iv)
"N" restricts a driver from transporting passengers using a class A or class B bus.
(v)
"P" restricts a driver from having one or more passengers in the vehicle while
driving a commercial motor vehicle bus unless the passenger is:
(A)
a federal or state auditor or inspector;
(B)
a test examiner;
(C)
another trainee; or
(D)
the CDL holder accompanying the CDIP holder as required in 49 C.F.R. Sec.
383.25.
(vi)
(A)
"V" indicates that the driver has been issued a variance by the Federal
Motor Carrier Safety Administration in reference to the driver's medical
certification status.
(B)
A driver with a "V" restriction shall have the letter outlining the specifications
for the variance in the driver's possession along with the driver's commercial
driver license when operating a commercial motor vehicle.
(vii)
"X" restricts a driver from having cargo in a commercial motor vehicle tank
vehicle.
(3)
A violation of this section is an infraction.
Section 3.
Effective Date.
This bill takes effect on
May 6, 2026
.
1-21-26 8:38 AM