1. (1) The division, upon receiving an application for a motorcycle learner permit, may issue a motorcycle learner permit effective for six months to an applicant who:

   1. (a) holds an original or provisional class D license, a CDL, or an out-of-state equivalent of an original or provisional class D license or a CDL; and
   2. (b) has passed the motorcycle knowledge test.
2. (2) A motorcycle learner permit entitles an applicant to operate a motorcycle on a highway subject to the restrictions in Subsection (3).

3. (3)

   1. (a) For the first two months from the date a motorcycle learner permit is issued, the operator of a motorcycle holding the motorcycle learner permit may not operate a motorcycle:

      1. (i) on a highway with a posted speed limit of more than 60 miles per hour;
      2. (ii) with any passengers; or
      3. (iii) during the nighttime hours after 10 p.m. and before 6 a.m.
   2. (b) For the third through sixth months from the date a motorcycle learner permit is issued, the operator of a motorcycle holding the motorcycle learner permit may operate a motorcycle without any restrictions imposed under this Subsection (3).

   3. (c) It is an affirmative defense to a charge that a person who has been issued a motorcycle learner permit is operating a motorcycle in violation of the restrictions under Subsection (3)(a) if the person is operating the motorcycle:

      1. (i) for the operator's employment, including the trip to and from the operator's residence and the operator's employment;
      2. (ii) on assignment of a rancher or farmer and the operator is engaged in an agricultural operation; or
      3. (iii) in an emergency.
   4. (d) A violation of Subsection (3)(a) is an infraction.
4. (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall make rules governing the issuance of a motorcycle learner permit and establishing the proof requirements for an applicant to demonstrate that the applicant has completed a motorcycle rider education program.

Amended by Chapter 412, 2015 General Session