§ 41-6a-1118. Mobility vehicles. (Effective 7/1/2014)

(1) As used in this section:

(a) "Division" means the Driver License Division created in Section 53-3-103.

(b) "Mobility vehicle" means a vehicle that:

(i) is certified by the division for use by a person with a physical disability; and

(ii) complies with the requirements specified by the division in rules made under Subsection (3).

(c) "Mobility vehicle certification" means evidence that a vehicle meets the requirements for certification by the division as a mobility vehicle.

(d) "Mobility vehicle permit" means a permit issued by the division granting authority and specifying the conditions for a person with a physical disability to operate a mobility vehicle on a public highway.

(e) "Physical disability" means a substantial impairment in one or more major life activities that prevents an individual from qualifying to obtain a license certificate.

(2) A person may operate a mobility vehicle on a public highway in accordance with rules made by the division under Subsection (3).

(3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall make rules:

(a) establishing procedures for certification of a vehicle to be operated as a mobility vehicle;

(b) specifying the vehicle requirements for a vehicle to qualify as a mobility vehicle;

(c) for acceptable documentation of a mobility vehicle permit applicant's identity, Social Security number if applicable, Utah resident status, and Utah residence address;

(d) establishing procedures for the issuance of a mobility vehicle permit to an individual with a physical disability;

(e) for examining applicants for a mobility vehicle permit, as necessary for the safety and welfare of the applicant and the traveling public; and

(f) granting authority and specifying the conditions and restrictions for a person to operate a mobility vehicle on a public highway.

(4) An application for a mobility vehicle permit shall be:

(a) made upon a form furnished by the division;

(b) accompanied by a nonrefundable fee set under Section 53-3-105; and

(c) accompanied by a medical questionnaire form that includes information:

(i) that establishes the applicant has a physical disability as defined under Subsection (1)(e); and

(ii) to determine whether it would be a public safety hazard to permit the applicant to drive a mobility vehicle on a public highway.

(5) An application and fee for a mobility vehicle permit entitle the applicant to:

(a) not more than three attempts to pass both the knowledge and skills tests within six months of the date of application; and

(b) a mobility vehicle permit after all tests are passed and requirements are completed.

(6) A mobility vehicle permit expires on the birth date of the applicant in the fifth year following the year the mobility vehicle permit was issued.

(7) A person may not hold both a license certificate and a mobility vehicle permit.

Enacted by Chapter 225, 2014 General Session