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(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:
(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
(b) has passed the motorcycle knowledge test.
(2) A motorcycle learner permit entitles an applicant to operate a motorcycle on a highway subject to the restrictions in Subsection (3).
(3)
(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:
(i) on a highway with a posted speed limit of more than 60 miles per hour;
(ii) with any passengers; or
(iii) during the nighttime hours after 10 p.m. and before 6 a.m.
(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).
(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:
(i) for the operator's employment, including the trip to and from the operator's residence and the operator's employment;
(ii) on assignment of a rancher or farmer and the operator is engaged in an agricultural operation; or
(iii) in an emergency.
(d) A violation of Subsection (3)(a) is an infraction.
(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.