53-3-502. Definitions.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/5/2021

As used in this part:

(a)"Commercial driver training school" or "school" means a business enterprise conducted by an individual, association, partnership, or corporation for the education and training of persons, either practically or theoretically, or both, to:

(i)drive motor vehicles, including motorcycles; and

(ii)prepare an applicant for an examination given by the state for a license or learner permit.

(b)A commercial driver training school may charge a consideration or tuition for the services described under Subsection (1)(a) .

(a)"Commercial testing only school" means a business enterprise conducted by an individual, association, partnership, or corporation that:

(i)is designated by the division as a commercial testing only school;

(ii)employs instructors who are certified by the division; and

(iii)engages only in testing students for the purpose of obtaining a driver license.

(b)A commercial testing only school may conduct behind-the-wheel or observation instruction if approved by the division.

(c)A commercial testing only school may not engage in education or training of persons, either practically or theoretically, or both to drive motor vehicles, except when:

(i)counseling the driver following a test in reference to errors made during the administration of the test; or

(ii)conducting behind-the-wheel or observation instruction if approved by the division.

(d)A commercial testing only school may not test an individual who has completed any behind-the-wheel or observation instruction through the school with which the tester is employed.

(3)"Instructor" means a person, whether acting as an operator of a commercial driver training school or for a school for compensation, who:

(a)teaches, conducts classes of, gives demonstrations to, or supervises practice of persons learning to drive motor vehicles, including motorcycles;

(b)prepares persons to take an examination for a license or learner permit; or

(c)supervises the work of any other instructor.

(4)"Observation time" means a period of time during which a driver education student observes another student, instructor, or road user.

(5)"School operator" means a person who:

(a)is certified as an instructor;

(b)has met the requirements for school operator status as established by the division;

(c)is authorized or certified to operate or manage a driver training school; and

(d)may supervise the work of another instructor.

Amended by Chapter 247 , 2021 General Session