AnalysisLast year Utah enacted legislation to exclude a “driving privilege card” as an acceptable form of satisfactory evidence presented to a Notary, the first law of its kind. A driving privilege card provides authorization to drive a motor vehicle to a person who has not provided evidence of lawful presence in the U.S. In order to obtain a driver’s license or identification card in Utah, a person must provide documentary evidence that the applicant is a U.S. citizen, a U.S. national, a legal permanent resident alien, or of the applicant’s unexpired immigrant or nonimmigrant visa status for admission into the United States, pending or approved application for asylum in the United States, admission into the United States as a refugee, pending or approved application for temporary protected status in the United States, approved deferred action status or pending application for adjustment of status to legal permanent resident or conditional resident.
Previously, the law stated that a driving privilege card was obtained by a person without providing a Social Security number. Effective January 1, 2010, the statute clarifies that a driving privilege card is granted to a person who has not provided evidence of lawful presence in the U.S. The change is more accurately descriptive of the class of person who would use this card.
A driver privilege card must be obtained by any person who has resided in Utah for a period of six months or more, and is not temporarily assigned to Utah by an employer, religious organization or government agency if the person wants to drive in Utah. The valid driver privilege card allows the holder to operate a motor vehicle in Utah but may not be used as a means of identification by any Utah government entities.
A driving privilege card is distinguished from a driver license by format, color and typefaces. It also includes the following statement in substantially similar language on the front of the card; “FOR DRIVING PRIVILEGES ONLY – NOT VALID FOR IDENTIFICATION”.
Read Senate Bill 40.