HB 464

     02-25 15:04  3rd Sub. (Cherry) H.B. 464
                       Nicholeen P. Peck proposes the following substitute bill:
1Parent Taught Driver Education Amendments
                                      2026 GENERAL SESSION
                                            STATE OF UTAH
                                 Chief Sponsor: Nicholeen P. Peck
                                   Senate Sponsor: Heidi Balderree
2
3   LONG TITLE
4   General Description:
5This bill allows a parent to complete driver education requirements as an instructor for the
6   parent's child.
7   Highlighted Provisions:
8This bill:
9▸ directs a local education agency to provide a parent with materials necessary to complete
10   driver education classroom requirements for the parent's child;
11▸ allows a parent to complete all the education requirements and behind-the-wheel driving
12   hours for driver education purposes; and
13▸ makes technical changes.
14   Money Appropriated in this Bill:
15None
16   Other Special Clauses:
17None
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18   Utah Code Sections Affected:
19   AMENDS:
2053-3-210.5, as last amended by Laws of Utah 2025, Chapter 242
2153-3-211, as last amended by Laws of Utah 2008, Chapter 314
2253-3-505.5, as last amended by Laws of Utah 2018, Chapter 415
2353G-10-508, as last amended by Laws of Utah 2021, Chapter 247
24   ENACTS:
2553G-10-509, Utah Code Annotated 1953
26
27   Be it enacted by the Legislature of the state of Utah:
28Section 1. Section 53-3-210.5 is amended to read:
2953-3-210.5 . Learner permit.
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30   (1) The division, upon receiving an application for a learner permit, may issue a learner
31permit effective for 18 months to an applicant who is at least 15 years old.
32   (2)(a) The learner permit entitles an applicant that is 18 years old or older to operate a
33class D motor vehicle only if [a person ] an individual 21 years old or older who is a
34licensed driver is occupying a seat beside the applicant.
35(b) The learner permit entitles an applicant that is younger than 18 years old to operate a
36class D motor vehicle only if:
37(i) an approved driving instructor is occupying a seat beside the applicant;
38(ii) the applicant's parent or legal guardian, who must be a licensed driver, is
39occupying a seat beside the applicant;
40(iii) a responsible adult who has signed for the applicant under Section 53-3-211 and
41who must be a licensed driver, is occupying a seat beside the applicant; or
42(iv) a responsible individual 21 years old or older who is not the parent or legal
43guardian is occupying a seat beside the applicant and:
44(A) the parent or legal guardian is not a licensed driver;
45(B) the individual occupying the seat beside the applicant has in the individual's
46immediate possession evidence that the individual is authorized by the parent
47or legal guardian to accompany the applicant while operating the motor
48vehicle; and
49(C) the individual occupying the seat beside the applicant is a licensed driver.
50(c) The applicant shall have the learner permit in the applicant's immediate possession
51while operating the motor vehicle.
52   (3) The division shall issue a learner permit to an applicant who:
53(a) is at least 15 years old;
54(b) has passed the knowledge test required by the division;
55(c) has passed the physical and mental fitness tests; and
56(d) has submitted a nonrefundable fee for a learner permit under Section 53-3-105.
57   (4)(a) The division shall supply the learner permit form.
58(b) The form under Subsection (4)(a) shall include:
59(i) the applicant's full name, date of birth, sex, Utah residence address, height, weight,
60and eye color;
61(ii) the date of issuance and expiration of the permit; and
62(iii) the conditions and restrictions contained in this section for operating a class D
63motor vehicle.
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64   (5) An application and fee for a learner permit entitle the applicant to:
65(a) not more than three attempts to pass the knowledge test for a class D license within
66one year; and
67(b) a learner permit after the knowledge test is passed.
68   (6)(a) If an applicant has been issued a learner permit under this section or an equivalent
69by another state or branch of the United States Armed Forces, the applicant may be
70issued an original or provisional class D license from the division upon:
71(i) completing a driver education course[ in a]:
72(A) in a commercial driver training school licensed under Part 5, Commercial
73Driver Training Schools Act;[ or]
74(B) in a driver education program approved by the State Board of Education or the
75division; or
76(C) with the applicant's parent as described in Section 53G-10-509;
77(ii) passing a knowledge test approved by the division that complies with the
78requirement of Subsection (6)(d);
79(iii) passing the skills test approved by the division;
80(iv) reaching 16 years old; and
81(v) paying the nonrefundable fee for an original or provisional class D license
82application under Section 53-3-105.
83(b) In addition to the requirements under Subsection (6)(a), an applicant who is 17 years
84old or younger is required to hold a learner permit for six months before applying for
85a provisional class D license.
86(c) An applicant is exempt from the requirement under Subsection (6)(a)(i) if the
87applicant:
88(i) is 19 years old or older;
89(ii) holds a learner permit for three months before applying for an original class D
90license; and
91(iii) certifies that the applicant, under the authority of a permit issued under this
92chapter, has completed at least 40 hours of driving a motor vehicle, of which at
93least 10 hours were completed during night hours after sunset.
94(d) Fifty percent of the test questions included in the knowledge test required under
95Subsection (6)(a)(ii) shall cover the topic of major causes of traffic related deaths as
96identified in statistics published by the Highway Safety Office.
97Section 2. Section 53-3-211 is amended to read:
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9853-3-211 . Application of minors -- Liability of person signing application --
99   Cancellation of cosigning adult's liability -- Behind-the-wheel driving certification.
100   (1) As used in this section, "minor" means any [person] individual younger than 18 years [of
101age] old who is not married or has not been emancipated by adjudication.
102   (2)(a) The application of a minor for a learner permit or provisional license shall be
103signed by the parent or guardian of the applicant.
104(b) If the minor applicant does not have a parent or guardian or is in the legal custody of
105the Division of Child and Family Services, then a parent or responsible adult who is
106willing to assume the obligation imposed under this chapter may sign the application.
107   (3)(a) Except as provided in Subsection (4), the liability of a minor for civil
108compensatory damages caused when operating a motor vehicle upon a highway is
109imputed to the [person] individual who has signed the application of the minor under
110Subsection (2).
111(b) The [person] individual who has signed the application under Subsection (2) is jointly
112and severally liable with the minor as provided in Subsections (3)(a) and (c).
113(c) The liability imposed under Subsections (3)(a) and (b) is limited to the policy
114minimum limits established in Section 31A-22-304.
115(d) The liability provisions in this Subsection (3) are in addition to the liability
116provisions in Section 53-3-212.
117   (4)(a) If owner's or operator's security covering the minor's operation of the motor
118vehicle is in effect in amounts as required under Section 31A-22-304, the [person]
119individual who signed the minor's application under Subsection (2) is not subject to
120the liability imposed under Subsection (3).
121(b) Notwithstanding the requirement under Subsection (3), if a foster parent signs an
122application under Subsection (2) for a minor who is in the legal custody of the
123Division of Child and Family Services and who resides with the foster parent, the
124foster parent's liability may not exceed the greater of:
125(i) minimum liability insurance policy limits established under Section 31A-22-304;
126or
127(ii) the policy limits of the foster parent's liability insurance policy issued in
128accordance with Section 31A-22-302 that were in effect at the time damages were
129caused by the minor's operation of a motor vehicle.
130   (5)(a) [A person ] An individual who has signed the application of a minor under
131Subsection (2) may file with the division a verified written request that the permit or
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132license of the minor be canceled.
133(b) The division shall then cancel the permit or license of the minor, and the [person]
134individual who signed the application of the minor under Subsection (2) is relieved
135from the liability imposed under Subsection (3) or the minor operating a motor
136vehicle subsequent to the cancellation.
137   (6)(a) The division upon receipt of satisfactory evidence of the death of the [person]
138individual who signed the application of a minor under Subsection (2) shall cancel
139the permit or license and may not issue a new permit or license until a new
140application, signed and verified, is made under this chapter.
141(b) This Subsection (6) does not apply to an application of [a person] an individual who
142is no longer a minor.
143   (7)(a) In addition to the liability assumed under this section, the [person] individual who
144signs the application of a minor for a provisional license must certify that, under the
145authority of a permit issued under this chapter, the minor applicant[, under the
146authority of a permit issued under this chapter, has] :
147(i) completed at least 40 hours of driving a motor vehicle, of which at least 10 hours
148shall be during night hours after sunset[.] ; and
149(ii) if the minor applicant completed driver education requirements with a parent as
150described in Section 53G-10-509, attended a Zero Fatalities Parent-Teen Night
151provided by the Department of Transportation with a parent, either virtually or in
152person.
153(b) The hours of driving a motor vehicle required under Subsection (7)(a) may include:
154(i) hours completed in a driver education course as required under Subsection
15553-3-505.5(1); and
156(ii) up to five hours completed by driving simulation practice on a fully interactive
157driving simulation device at the substitution rate provided under Subsection
15853-3-505.5(2)(b).
159   (8)(a) The individual signing the application form described in Subsection (7)(a) shall
160indicate if the applicant intends to complete the driver education course requirement
161with the applicant's parent as described in Section 53G-10-509.
162(b) If an applicant's parent as defined in Section 53G-10-509 signs the form indicating
163that the applicant will complete the driver education course requirement as described
164in Subsection (8)(a), the division shall inform the parent that parent-taught driver
165education resources as described in Subsection 53G-10-508(2) are available from a
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166local education agency.
167   (9) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
168division may make rules creating and managing:
169(a) a form allowing a parent instructing a child in driver education as described in
170Section 53G-10-509 to track the child's driving hours as described in Subsections
17153G-10-509(3)(a), (b), and (c);
172(b) a process of scanning and recording the driving hours form described in Subsection
173(9)(a); and
174(c) other processes or forms necessary to implement parent-taught driver education as
175described in Section 53G-10-509.
176Section 3. Section 53-3-505.5 is amended to read:
17753-3-505.5 . Behind-the-wheel training requirements.
178   (1) Except as provided under Subsection (2) and Section 53G-3-509, a driver education
179course under this part or Title 53G, Chapter 10, Part 5, Driver Education Classes, that is
180used to satisfy the driver training requirement under Section 53-3-204 shall require each
181student to complete at least six hours of behind-the-wheel driving a dual-control motor
182vehicle with a certified instructor seated in the front seat next to the student driver.
183   (2) Up to three hours of the behind-the-wheel driving may be substituted as follows:
184(a) two hours of range driving on an approved driving range under Section 53G-10-502
185equals one hour of the behind-the-wheel driving required under Subsection (1);
186(b) two hours of driving simulation practice on a driving simulation device that is fully
187interactive as set forth in rules made under Section 53-3-505, equals one hour of the
188behind-the-wheel driving required under Subsection (1); and
189(c) four hours of driving simulation practice on a driving simulation device that is not
190fully interactive as set forth in rules made under Section 53-3-505, equals one hour of
191the behind-the-wheel driving required under Subsection (1), with a maximum of one
192hour of the behind-the-wheel driving required under Subsection (1) that may be
193substituted under this Subsection (2)(c).
194   (3) The behind-the-wheel driving required under Subsection (1) shall include, if feasible,
195driving on interstate and other multilane highways.
196Section 4. Section 53G-10-508 is amended to read:
19753G-10-508 . Programs authorized -- Minimum standards.
198   (1) A local education agency may:
199[(a) allow a student to complete the classroom training portion of driver education
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200through home study;]
201[(b) provide each parent with driver education instructional materials to assist in parent
202involvement with driver education including behind-the-wheel driving materials;]
203[(c)] (a) offer driver education outside of school hours in order to reduce the cost of
204providing driver education;
205[(d)] (b) offer driver education through community education programs;
206[(e)] (c) offer the classroom portion of driver education in the public schools and allow
207the student to complete the behind-the-wheel portion with a private provider:
208(i) licensed under Section 53-3-504; and
209(ii) not associated with the school or under contract with the school under Subsection
21053G-10-503(3); or
211[(f)] (d) offer any combination of Subsections (1)(a) through [(e).] (c).
212   (2) Ĥ→ [A local education agency] The state board ←Ĥ shall allow a student to
212a  complete the classroom training
213portion of driver education through home study.
214   [(2)] (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
215state board shall establish in rule minimum standards for the school-related programs
216under [Subsection (1).] Subsections (1) and (2).
217Section 5. Section 53G-10-509 is enacted to read:
21853G-10-509 . Parents as driver education instructors.
219   (1) As used in this section:
220(a) "Driver education requirement" means the requirement for driver education
221described in Subsection 53-3-204(1)(a)(ii).
222(b) "Observation time" means an individual observing another individual's operation of a
223motor vehicle while the operator:
224(i) follows all traffic laws;
225(ii) comments out loud about driving behaviors and decisions made to safely operate
226a motor vehicle; and
227(iii) answers the observing individual's questions about the safe operation of a motor
228vehicle.
229(c) "Parent" means an individual's parent, stepparent, grandparent, foster parent, or legal
230guardian.
230a     Ĥ→ (2) The Driver License Division shall inform a parent where to access material
230b  provided by the state board as described in Subsection 53G-10-508(2) to allow the
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230c  parent's own child or grandchild to complete the classroom training portion of driver
230d  education through home study.
231   [(2) A local education agency, in connection with t] ←Ĥ Ĥ→ [he Driver License Division,
231a  shall provide ] ←Ĥ
232Ĥ→ [material as described in Section 53G-10-508 to a parent to allow the parent to provide
       ] ←Ĥ
233Ĥ→ [instruction for a driver education requirement for the parent's own child or
       grandchild.] ←Ĥ
234   (3) In addition to the 40 hours of required driving as described in Subsection 53-3-211(7), a
235parent providing instruction for a driver education requirement for an individual shall:
236(a) sit beside the individual during all driving hours completed by the individual to fulfill
237behind-the-wheel driving hours requirements as described in Section 53-3-505.5;
238(b) complete six hours of observation time with the individual; and
239(c) complete classroom instruction time requirements as described in Section
24053G-10-502.
241   (4) An individual completing a driver education requirement by parent instruction:
242(a) is not required to use a dual-control motor vehicle as described in Section 53-3-505.5
243to complete the driving hours requirement as described in Subsection (3)(a);
244(b) may complete the six hours of behind-the-wheel driving as described in Section
24553-3-505.5 with a parent; and
246(c) shall complete the driving hours and observation hours requirements described in
247Subsection (3).
248   (5) An individual's parent may provide instruction for a driver education requirement for
249the individual if the individual's parent:
250(a) has a valid class D driver license;
251(b) states on the form described in Subsection 53-3-211(8) that the driver education
252requirement was fulfilled by parent instruction; Ĥ→ [and] ←Ĥ
253(c) attends with the individual, in-person or virtually, a Zero Fatalities Parent-Teen
254Night provided by the Department of Transportation Ĥ→ [.] ; and
254a  (d) completes and retains driving logs equivalent to those required by the state board. ←Ĥ
255Section 6. Effective Date.
256   This bill takes effect on May 6, 2026.
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