Motor Vehicle Pollution Control

(a)As the state of knowledge and technology relating to the control of emission from motor vehicles may permit or make appropriate, and in furtherance of the purpose of this Chapter, the Agency may provide rules and regulations for the control of emissions from motor vehicles. These rules and regulations may prescribe requirements for the installation and use of equipment designed to reduce or eliminate emissions and for the proper maintenance of such equipment and vehicles. Any rules and COL4/6/2022 CH 49 AIR POLLUTION CONTROL ACT regulations pursuant to this Section shall be consistent with provisions of Federal law, if any, relating to control of emission from the vehicles concerned.

(b)Except as permitted or authorized by law, no person shall fail to maintain in good working order or remove, dismantle or otherwise cause to be inoperative any equipment or feature constituting an operational element of the air pollution control system or mechanism of a motor vehicle required by rules or regulations of the Agency to be maintained in or on the vehicle. Any failure to maintain in good working order or removal, dismantling, or causing of inoperability shall subject the owner or operator to suspension or cancellation of the registration of the vehicle by the Department of Revenue and Taxation, or penalties not to exceed One Thousand Dollars ($1,000.00) per day of violation. The vehicle shall not be eligible for registration until all parts and equipment constituting operational elements of the motor vehicle have been restored, replaced or repaired and in good working order.

(c)The Agency may carry out a program of inspection and testing of motor vehicles to enforce compliance with applicable emission standards or may carry out the inspection and testing jointly with another government of Guam agency.

(d)The Agency shall not require, as a condition precedent to the initial sale of a vehicle or vehicular equipment, the inspection, certification or other approval of any feature or equipment designed for the control of emissions from motor vehicles, if the feature or equipment has been certified, approved or otherwise authorized pursuant to Federal law.

(e)The remedies and penalties provided in this Section shall apply to violations hereof, and no provision of § 49116 of this Chapter shall apply thereto.

(f)As used in this Section, Motor Vehicle shall mean any vehicle with an internal combustion engine used on public roads and highways for the purpose of transportation.