License: Requirement

(a)Unless expressly exempted under this Title, a person shall not drive a motor vehicle upon a highway without having in his immediate possession a valid operator’s or chauffeur’s license issued under this Title. An operator’s license authorizes the licensee to drive as an operator only. A chauffeur’s license authorizes the licensee to drive as an operator or as a chauffeur.

(b)[No text]

(1)A person who is a member of the United States Armed Forces on active duty on Guam, having in their immediate possession a valid operator’s license issued by any other territory, commonwealth, or state of the United States, need not obtain an operator’s license or license with similar endorsement.

(2)The dependent of a person who is a member of the United States Armed Forces on active duty in Guam, having in their immediate possession a valid operator’s license issued by any other territory, commonwealth, or state of the United States, need not obtain an operator’s license or a license with a similar endorsement.

(c)[No text]

(1)A person having in his immediate possession a valid operator’s license or chauffeur’s license issued by the Republic of Palau, the Federated States of Micronesia, the Republic of the Marshall Islands, Japan, the Republic of China (Taiwan), countries of the European Union, Canada, New Zealand, the Republic of Korea, the Republic of the Philippines, or Australia may drive a motor vehicle upon the highways for a period not exceeding thirty

(30)days from the date such person arrived on Guam. However, upon the expiration of such thirty

(30)day period, such person must

(A)have been issued a Guam driver’s license in order to continue driving on Guam, and

(B)be required to take a written test, and if that person passes the written test, then a driver’s license shall be issued; provided however, if such person fails the written test twice, such person shall be required to complete a driver education seminar before being allowed to retake the test, which seminar must include at least eight

(8)hours of classroom instruction and four

(4)hours of in-car instruction, and must pass the required road test.

(2)An individual is entitled to take a written test only three

(3)times pursuant to this Subsection, and to be issued a license under this Subsection, an individual must pass both the written and the road test.

(3)In addition, a person having in his immediate possession a temporary operator’s or chauffeur’s license issued under this Title may drive a motor vehicle upon the highways for a period not exceeding thirty

(30)days, while the Guam Police Department is completing investigation and determination of all facts relative to the applicant’s right to receive a license. Such temporary license is invalid when the applicant’s license has been issued or refused. CH. 3 GENERAL PROVISIONS

(4)The thirty

(30)days period herein may be extended for a period equal to the earlier of one

(1)year from the date the licensee arrived on Guam or the expiration date of the out-of-Guam license, provided that the licensee

(A)registers his or her license with the Department of Revenue and Taxation, and

(B)pays a registration fee to the Treasurer of Guam not to exceed Twenty-five Dollars ($25).

(C)Upon approval, the Director of Revenue and Taxation shall issue a Certificate of Registration that states

(i)the name and age of the licensee,

(ii)the expiration date of the Certificate, and

(iii)the licensee’s number as an out-of-Guam licensee.

(5)The Department of Revenue and Taxation may withhold registration of a foreign license if

(A)the Department of Revenue and Taxation cannot verify or has cause to doubt the validity of such foreign license,

(B)the licensee is unable to document the date of his entry into Guam, or

(C)the foreign license has been revoked or suspended by the jurisdiction issuing the license.

(6)The Department of Revenue and Taxation may require a prospective registrant to validate his license through passage of a written exam, road test or both.

(d)A person having in his immediate possession a valid operator’s, chauffeur’s or motorcycle operator’s license issued by any other territory, Commonwealth, or state of the United States, may drive a motor vehicle or a motorcycle upon the roads and highways for a period not exceeding ninety

(90)days from the date such person arrived on Guam.

(1)However, upon the expiration of such ninety

(90)day period, such person must have been issued a Guam driver’s license in order to continue driving on Guam. Such person shall be exempted from taking the written driver’s license examination or demonstration test.

(2)Upon issuance of the Guam driver’s license, such person shall surrender the driver’s license previously issued by the other United States jurisdiction to the Division of Motor Vehicles of the Department of Revenue and Taxation, unless the Director of Revenue and Taxation has adopted other procedures for the disposition of the previously issued license from the other United States jurisdiction.

(3)The ninety

(90)day period herein may be extended for a period equal to the earlier of one

(1)year from the date the licensee arrived on Guam or the expiration date of the out-of-Guam license, provided that the licensee,

(A)registers his or her license with the Department of Revenue and Taxation; and

(B)pays a registration fee to the Treasurer of Guam not to exceed Twenty-five Dollars ($25).

(4)Upon approval, the Department of Revenue and Taxation shall issue a Certificate of Registration that states,

(A)the name and age of the licensee;

(B)the expiration date of the Certificate; and

(C)the licensee’s out-of-Guam driver’s licensee number. CH. 3 GENERAL PROVISIONS

(5)The Department of Revenue and Taxation may withhold registration of an out-of-Guam license if,

(A)the Department of Revenue and Taxation cannot verify or has cause to doubt the validity of such out-of-Guam license;

(B)the licensee is unable to document the date of entry into Guam; or

(C)the out-of-Guam license has been revoked or suspended by the jurisdiction issuing the license.

(6)The Department of Revenue and Taxation may require a prospective registrant to validate his license through passage of a written exam, road test or both.

(e)[No text]

(1)A person having in his immediate possession an instruction permit issued under this Title may drive a motor vehicle upon the highways for a period not exceeding ninety

(90)days when accompanied by, and under the immediate supervision of, a licensed operator or chauffeur.

(2)The Director of Revenue and Taxation may further restrict a permit to any applicant as he may determine to be appropriate to assure the safe operation of a motor vehicle by the permittee.

(f)An applicant for a license or permit shall submit an application to the Department of Revenue and Taxation on a form prescribed by it, verified under oath and containing the following information:

(1)the applicant’s full name, age, sex and both mailing and residence addresses;

(2)the height, weight and color of eyes of the applicant;

(3)the kind of license applied for;

(4)whether the applicant has been licensed previously as an operator or chauffeur, and if so, when and in what jurisdiction and whether or not any such license has been suspended or revoked, and if so, the date of and reason for such suspension or revocation;

(5)whether the applicant previously has been refused an operator’s or chauffeur’s license in Guam, and if so, the date and the reason for such refusal;

(6)whether the applicant has previously operated a motor vehicle, and if so, for what length of time;

(7)whether the applicant has the normal use of both hands and feet;

(8)whether the applicant has ever been afflicted with heart condition, epilepsy, paralysis, insanity or other disability or disease affecting his ability to exercise reasonable and ordinary control in operating a motor vehicle upon a highway;

(9)whether the applicant understands traffic signs and signals;

(10)one

(1)parent or guardian of an applicant under the age of eighteen

(18)shall

(A)attest to his relationship with the minor;

(B)certify the correctness of information furnished on the application form;

(C)give his consent to the issuance of a license to the applicant and shall sign the application;

(11)the applicant and licensing official shall sign all approved applications and date the application at the time signatures are made; and CH. 3 GENERAL PROVISIONS

(12)a valid Certificate of Completion of a driver’s education course by the applicant, if the applicant is applying for a license for the first time or if the applicant is under eighteen

(18)years of age, and any other information necessary to determine whether the applicant is entitled to a license under this Title.

(13)An applicant for a chauffeur’s license shall state the type of vehicle or combination of vehicles he desires to operate.

(14)Defensive Driving/Driver Safety. A valid Certificate of Completion of a motorcycle safety/defensive driving education course by the applicant from an instructor approved and licensed for this purpose by the Department of Revenue and Taxation. This provision shall be effective for licenses issued to first-time licensees after January 1, 2015. The standards for such motorcycle safety/defensive driving education course shall be determined by the Department of Revenue and Taxation and approved and promulgated by the Department Director.

(g)The Department of Revenue and Taxation shall not issue any license or permit unless it determines that the applicant is lawfully qualified for a license or permit and approves the application.

(h)[No text]

(1)The examination shall include

(A)a test of the applicant’s knowledge and understanding of the provisions of this Title governing the operation of vehicles upon the highway,

(B)his understanding of traffic signs and signals, and

(C)the applicant shall be required to give an actual demonstration of his ability to exercise ordinary and reasonable control in operating a motor vehicle by driving the same under the supervision of an examining officer.

(2)The examination shall also include a test of the hearing and eyesight of the applicant and such other matters as may be necessary to determine the applicant’s mental and physical fitness to operate a motor vehicle upon the highways and whether any ground exists for refusal of a license or permit under this Title.

(3)Every applicant for a chauffeur’s license shall be required to submit to an examination appropriate to the type of vehicle or combination of vehicles he desires a license to drive.

(i)An applicant is not entitled to an operator’s or chauffeur’s license or instruction permit:

(1)who is not of legal age to receive such license or permit.

(A)An applicant for a new operator’s license or instruction permit must

(i)have a valid Certificate of Completion of a driver’s education course and in the case of a motorcycle operator’s application, a valid Certificate of Completion of a motorcycle safety/defensive driving education course; and

(ii)be at least eighteen

(18)years of age, whether applying for a new license or for renewal of an existing license, or if under eighteen

(18)must be at least sixteen

(16)years of age and have the consent in writing of his parents or guardians to drive a motor vehicle.

(B)An applicant for a chauffeur’s license must be at least eighteen

(18)years of age and if the application is for a new license and not a renewal, must have a valid Certificate of Completion.

(2)Who is a habitual drunkard or addicted to the use of narcotic drugs or a habitual user of any other drug rendering such person incapable of safely operating a motor vehicle. CH. 3 GENERAL PROVISIONS

(3)Who is insane or feeble minded or an idiot, imbecile or epileptic.

(4)Who is unable as shown by examination to understand traffic signs or signals or who does not have a reasonable knowledge of the provisions of this Title governing the operation of vehicles upon the highways.

(5)When it appears by examination or other evidence that such person is unable to safely operate a motor vehicle upon a highway because of physical or mental defect or except in the case of an applicant for an instruction permit, lack of skill. Any physical or mental defect of the applicant which in the opinion of the Director of Revenue and Taxation does not affect the applicant’s ability to exercise reasonable and ordinary control in operating a motor vehicle upon the highway shall not prevent the issuance of a license or permit to the application.

(6)Who has been certified by the Department of Law as being in non-compliance with a court order of support, unless a confirmation of compliance from the Department of Law or the Superior Court of Guam is received by the Director of Revenue and Taxation.

(j)The Director of Revenue and Taxation may disapprove the application:

(1)If he is satisfied that the applicant is not entitled thereto under the provisions of this Title.

(2)If the applicant has failed to furnish the Department of Revenue and Taxation the information required in the application or any reasonable additional information requested by the Department.

(3)If he determines that the applicant has made or permitted to be made, unlawful use of any operator’s or chauffeur’s license.

(4)If he determines that the applicant has used a false or fictitious name in any application for a license, or knowingly made a false statement or knowingly concealed a material fact or otherwise committed any fraud in any such application.

(5)If he determines that the applicant is a negligent or incompetent operator of a motor vehicle. Any person who has been convicted on four

(4)or more occasions in a consecutive period of twelve

(12)months, or six

(6)or more occasions within a consecutive period of twenty-four

(24)months, or eight

(8)or more occasions within a consecutive period of thirty-six

(36)months of violations of the provisions of the Vehicle Code involving the safe operation of vehicles on the highway and which are by law required to be reported to the Department of Revenue and Taxation shall prima facie be presumed to be a “negligent operator of a motor vehicle.”

(k)[No text]

(1)Every license and permit shall state whether it is an operator’s or chauffeur’s license or instruction permit and shall bear thereon the distinguishing number assigned to the application, the dates of issue and expiration, the name, date of birth, residence address, height, weight, color of eyes, a photograph of the licensee (except that the instruction permit shall not bear a photograph of the licensee), the maximum engine size of a motorcycle that the motorcycle operator is authorized to operate, and a space upon which the licensee shall write his usual signature.

(2)No license shall be valid until it has been signed by the licensee.

(3)In the case of a chauffeur’s license, the license shall also state whether it is a general or restricted license, and if restricted, the type of vehicle or combination of vehicles the licensee is permitted to operate. CH. 3 GENERAL PROVISIONS

(4)Each license and permit shall also contain a space for common restrictive requirements, such as corrective lenses, hearing aid, hand control or pedal extension, left foot accelerator, no night driving, or other.

(l)The licensee or permittee shall have his license or permit in his immediate possession at all times when driving a motor vehicle upon a highway and when so driving shall display such license or permit upon demand of a member of the Guam Police or any peace or traffic officer enforcing the provisions of this Title. Any charge under this Subsection shall be dismissed when the person so charged produces in court an operator’s or chauffeur’s license duly issued to such person and valid at the time of his arrest.

(m)[No text]

(1)Every operator’s or chauffeur’s license hereafter issued shall expire three

(3)years after the first anniversary of the date of birth of any applicant occurring after the date of issuance. The anniversary of the date of birth of any applicant born on February twenty-ninth

(29th)shall, for the purposes of this Section, during the years in which there is no February twenty-ninth (29th), be considered as March first (1st).

(2)Every such license shall be renewable for a like period within ninety

(90)days prior to its expiration.

(3)Any license that would otherwise expire on a Saturday or legal holiday shall be valid until the next business day.

(4)An applicant for renewal of license shall make application therefor in the same manner as in the case of an original application for a license upon such form as may be required.

(A)The Director of Revenue and Taxation at his discretion may require an examination of the applicant as upon an original application.

(B)To the extent its facilities permit, the Department of Revenue and Taxation shall, in the course of its investigation,

(i)check the record of the applicant for convictions for traffic violations and traffic accidents, and

(ii)may withhold or refuse certification of eligibility for a license or renewal of a license unless satisfied upon reasonable proof that the applicant can and will operate a motor vehicle safely.

(C)The Department of Revenue and Taxation shall review prior to renewal, the applicant’s driving record available through the Judiciary of Guam, detailing any conviction(s) for traffic violations and traffic accidents.

(i)The operator’s, chauffeur’s, or other class of driver’s license of an applicant shall not be renewed if his or her driving record reveals that he or she has been convicted of three

(3)separate instances involving moving violations in any twelve

(12)month period, following issuance or renewal of a license, within the current license period.

(ii)The applicant’s driver’s license may be renewed following his or her attendance in a program in driver improvement, as approved by the Department of Revenue and Taxation, and who has further obtained a certificate evidencing successful completion of such program. This provision shall be applied in addition to any other conditions imposed by a court.

(n)[No text] CH. 3 GENERAL PROVISIONS

(1)In the event a license or permit issued under this Title is lost, destroyed or mutilated, the licensee or permittee may obtain a duplicate from the Department of Revenue and Taxation upon making satisfactory proof of such fact.

(2)Any person who loses a license or permit and thereafter finds the original must immediately surrender such original to the Department of Revenue and Taxation.

(o)After passing an examination as required under Subsection

(g)to include an actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motorcycle and satisfying the Certificate of Completion requirements of Subsection (i), or upon qualifying under Subsection

(d)of this Section an applicant may have his operator’s, or chauffeur’s or motorcycle permit endorsed by the Director of Revenue and Taxation, or his designee, authorizing the applicant to operate a motorcycle on the highways of Guam.

(1)The Director of Revenue and Taxation may, in his discretion, accept evidence of a military motorcycle permit in lieu of this examination and endorsement.

(2)No person shall operate a motorcycle on the highway without first complying with this Section, except that a person having in his immediate possession a valid motorcycle operator’s license issued by any other territory or state of the United States, or by a foreign country, may operate a motorcycle upon the highways for a period not exceeding thirty days from the date such person arrived in Guam.

(3)The requirement that the person pass an examination and receive an endorsement for operation of a motorcycle shall not be applicable to the operation of a motorcycle or when a sidecar is attached to the motorcycle.

(4)Any person who operates a motorcycle in violation of this Title shall be guilty of a petty misdemeanor.

(p)[No text]

(1)Motorcycle road/skills tests shall be administered by the Division of Motor Vehicles of the Department of Revenue and Taxation, or, by up to five examining entities, which have been approved by the Department of Revenue and Taxation through established rules and regulations, to certify the competence of prospective licenses to operate a vehicle on Guam’s roads and highways.

(2)Examining entities/examiners that are qualified, approved and authorized to conduct road exams pursuant to § 31A05(a) of this Chapter are further authorized to conduct motorcycle road/skills tests; provided, that

(A)the examiner conducting the test has had a valid motorcycle license for a period of not less than five years; and

(B)the road course used for the examination has been approved by the Director of the Department of Revenue and Taxation.

(q)Organizations engaged in the sale of motorcycles, scooters or mopeds, including a bicycle equipped with a motor, shall be ineligible to be designated as an examining entity for the purposes of this Section.

(r)A person in his or her immediate possession of a valid operator’s license issued by the Commonwealth of the Northern Mariana Islands

(CNMI)who shows proof of U.S. citizenship and proof of having held a valid CNMI driver’s license for no less than one

(1)year may exchange his or her license for a Guam driver’s license in conformity with the provisions of the REAL ID Act as implemented on CH. 3 GENERAL PROVISIONS Guam. The individual shall pay for all fees associated with the issuance and/or renewal of a Guam driver’s license.

(s)Notwithstanding § 3101(h)(3), any individual who possess an honorable discharge from the United States Armed Forces to include the Guam National Guard and Guam National Guard Reserve, verified with a Department of Defense Form 214 (DD214) or the National Guard Report of Separation and Record of Service (NGB-22), that has obtained the Drivers Training Program certification necessary to operate commercial motor vehicles as defined in §1102, Chapter 1, Title 16 Guam Code Annotated, shall qualify to obtain a Guam License Class Chauffer’s, Endorsement B, C, or D license or a combination of the endorsements that align with their qualifications listed in their DD214 or NGB-22.

(1)The Department of Revenue and Taxation shall, in consultation with the Guam Office of Veterans Affairs (GOVA), establish a process for verifying and evaluating military driver certifications for the purposes of issuing Guam chauffer’s licenses and applicable endorsements.

(2)The Guam Office of Veterans Affairs shall serve as the certifying authority for verifying the authenticity of military driver’s training certificates, DD214, NGB-22, or other related military discharge documents.

(3)Upon verification, the Department of Revenue and Taxation shall determine the appropriate chauffer’s license endorsement based on the type of vehicle(s) the applicant was certified to operate in the military, the level of training received, and the scope of responsibilities performed.

(4)The Department may require submission of additional documentation or proof of experience to support endorsement eligibility and shall ensure that such determinations align with public safety standards and applicable laws and regulations.

(5)If at the time of application, a military driver certification is more than five

(5)years old from the date of initial issuance, the Department may require the applicant to complete a road skills test to demonstrate current competency before issuing an endorsement.

(6)The Department shall not issue an endorsement beyond that which is supported by the verified military certification, unless the applicant completes additional testing or documentation as required by law.

(7)The Department shall promulgate rules and regulations to implement this subsection within one hundred and twenty

(120)days of enactment, including a defined matrix for endorsement equivalency and documentation protocols.