Restrictions on the Use of Mobile Phones While Driving

(a)Restriction. It is unlawful for a person to read, write, or send electronic messages, or use or be holding, a mobile phone or similar electronic communications device while driving a vehicle.

(1)Definition. For the purposes of this Section, “driving” means operating a vehicle, with the motor running, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. Driving does not include operating a vehicle with or without the motor running when the driver moved the vehicle to the side of, or off, a highway, and halted in a location where the vehicle can safely remain stationary.

(b)Exemptions. The restriction set forth in Subsection

(a)shall not apply to voice communications being made under the following circumstances:

(1)Emergency Calls. The driver is making an emergency call to law enforcement officials or other public emergency response services; or

(2)[Repealed.]

(3)Hands-free. The driver is using a mobile phone that is specifically designed and configured to allow hands-free listening and talking, through the use of Bluetooth, hard-wired, or similar technology, and is used only in such hands-free manner while driving.

(A)Should an earpiece be utilized as part of the hands-free talking device, only one

(1)such earpiece may be used by the person.

(B)Medically prescribed hearing aids are not to be counted against the one

(1)earpiece limit; or

(4)Licensed Amateur Radio (Ham Radio). The driver is using only two (2)-way mobile radio transmitters or receivers and possesses a current and valid license from the Federal Communications Commission in the Amateur Radio Service; or

(5)CB Radio and Similar. The driver is using a “half-duplex” only device.

(A)Such device shall not have the ability to also conduct “full-duplex” communication.

(B)For the purposes of this Subsection, “half-duplex” means the ability for two

(2)or more electronic devices to communicate with each other, but in only one

(1)direction at a time (not simultaneously), and inclusive of simplex technology; provided, that such technology permits for only voice communication in one

(1)direction at a time.

(c)Limits of Exemptions. The exemptions outlined in Subsections (b)(2) through (b)(5) of this Section shall only be extended to an individual with a valid Driver’s License. For the purposes of this Section, a Class A (Operator) or Class F (Motorcycle) Learner’s Permit, or a Class A (Operator) or Class F (Motorcycle) Intermediate License shall not constitute a Driver’s License.

(d)Penalties. Any driver who violates the provisions of Subsections (a),

(b)or

(c)of this Section is guilty of a violation and shall be punished by a fine no less than One Hundred Dollars ($100.00). Repeat violations of this Section shall be punished by a fine no less than Five Hundred Dollars ($500.00). However, should a driver be found to have violated the provisions of this Section, and that said violation may have contributed to a traffic collision, then he or she is guilty of a violation punishable by a fine no less than One Thousand Dollars ($1,000), and may result in the suspension or revocation of driving privileges on Guam’s roadways. CH. 3 GENERAL PROVISIONS

(e)Notwithstanding the provisions of § 9502 of Chapter 9.5 of Title 7, Guam Code Annotated, all fines collected under this Section shall be deposited into the Police Services Fund, and made available by appropriation by I Liheslaturan Guåhan.