Authority to Stop, Inspect and Weigh Vehicles;

Removal of Excess Loads.

(a)For purposes of the enforcement of this Chapter, the Director of Revenue and Taxation (DRT Director) and the DPW Director shall have such powers of enforcement as may be necessary to implement their respective responsibilities under this Chapter.

(1)The DRT Director, whose Department is primarily responsible for implementing and enforcing this Chapter as such relates to the registration and safety of vehicles, may delegate enforcement to the Administrator of the Division of Motor Vehicles/Motor Carrier Safety Assistance Program (DMV/MCSAP).

(2)The DPW Director, whose Department is primarily responsible for implementing and enforcing this Chapter as such relates to truck gross weight and the safety and maintenance of Guam’s public roads, streets and highways, COL4/6/2022 CH. 5 SIZE, WEIGHT AND LOAD LIMITATIONS AND RESTRICTION OF CERTAIN VEHICLES may delegate the enforcement of this Chapter to the Administrator of the Division of Highways.

(b)For the purpose of the safety, welfare and health of the general public, and the safe transportation of hazardous materials, waste and other materials on any public road, street or highway, and the enforcement of this Chapter and of all rules adopted pursuant to this Chapter, the responsibilities of each agency shall be as follows:

(1)Department of Revenue and Taxation (DRT):

(A)inspect business premises, buildings, freight and equipment of commercial motor carriers;

(B)stop and inspect freight and equipment of all motor carriers operating on any public road, street or highway, except that any motor carrier with military cargo shall be permitted to proceed, unless safety to the general public dictates otherwise, to the vehicle’s destination for appropriate review therein and such action shall not be a violation of this Chapter;

(C)inspect shipping papers and hazardous waste manifests of all motor carriers and persons subject to this Chapter operating on any public road, street or highway;

(D)during the course of an inspection, weigh any vehicle and/or combination of vehicles equipped wholly with pneumatic tires to ensure compliance with the provisions of § 5107(c)(1) and

(2)of this Chapter;

(E)whenever a police officer or DMV/MCSAP inspector, upon inspection of a vehicle and/or load, determines the existence of a violation, a citation may be issued. The vehicle may be allowed to proceed directly to its own shop or facility for correction. When a vehicle is found to be unsafe to the driver or the public, the police officer or DMV/MCSAP inspector has the authority to direct the discontinuance of the vehicle passage and require corrective action on the spot as COL4/6/2022 CH. 5 SIZE, WEIGHT AND LOAD LIMITATIONS AND RESTRICTION OF CERTAIN VEHICLES appropriate, and such vehicle shall not be allowed back into normal operations until corrections are made;

(F)every police officer, or DMV/MCSAP inspector shall assist in the enforcement of this Chapter and of all rules adopted pursuant to this Chapter and may issue citations for violations as appropriate; and

(G)fines collected from citations issued by DMV/MCSAP inspectors for violations of this Subsection shall be deposited in the Better Public Service Fund and expended in accordance with § 16101 of Chapter 161, Title 11, Guam Code Annotated.

(2)Department of Public Works (DPW):

(A)operate the Truck Enforcement Screening Station

(TESS)Facility located on Route 11 to weigh vehicles and/or combinations of vehicles operating on Guam’s roads, streets, or highways;

(B)every police officer or DPW inspector having reason to believe that the weight or dimension of a vehicle operating on a public road, street or highway, either with or without load, is in violation of the provisions of this Chapter, shall be authorized to require the driver to stop and submit to an inspection of same by means of portable scales, static scales, or weigh-inmotion scales, or as otherwise appropriate, except that any motor carrier with military cargo shall be permitted to proceed, unless safety to the general public dictates otherwise, to the vehicle’s destination for appropriate review therein and such action shall not be a violation of this Chapter. Violations for any dimensions or GVW in excess of permissible limits, as established by the provisions of this Chapter, shall be subject to the penalties cited in § 5112(a) of this Chapter;

(C)whenever a police officer or DPW inspector, upon weighing a vehicle and load, as provided above, determines that the GVW exceeds allowable limits, such police officer or DPW inspector may require the driver COL4/6/2022 CH. 5 SIZE, WEIGHT AND LOAD LIMITATIONS AND RESTRICTION OF CERTAIN VEHICLES to stop the vehicle in a suitable area where corrective action can be determined by the police officer or DPW inspector. Corrective action may include removal of the non-conforming portion of the load and distribution to another vehicle, or allowance of the vehicle to proceed to another location for unloading. Nothing herein is intended to waive any applicable fines;

(D)every police officer or DPW inspector shall assist in the enforcement of this Chapter and of all rules adopted pursuant to this Chapter and issue citations for violations as appropriate;

(E)fines collected from citations issued by DPW inspectors for violations of this Subsection shall be deposited in the TESS Facility Fund, and shall be expended in accordance with § 5118 of this Chapter.

(c)Any driver of a vehicle who fails or refuses to stop and submit the vehicle, either with or without load, to an inspection and/or weighing, or who fails or refuses when directed by a police officer, DMV inspector, or DPW inspector upon inspection and/or weighing of the vehicle to discontinue the operation of the vehicle and otherwise comply with the provisions of this Section shall be guilty of a civil violation. Each violation for failure or refusal to stop and submit the vehicle to an inspection and/or take subsequent corrective actions shall be subject to the following:

(1)a first violation shall be subject to a penalty of One Hundred Dollars ($100.00);

(2)a second violation of the provisions of this Subsection within a six

(6)month period from the date of the first violation shall be subject to a penalty of Two Hundred Dollars ($200.00);

(3)a third violation of the provisions of this Subsection within a six

(6)month period from the date of a second violation shall be subject to a penalty of Five Hundred Dollars ($500.00); COL4/6/2022 CH. 5 SIZE, WEIGHT AND LOAD LIMITATIONS AND RESTRICTION OF CERTAIN VEHICLES

(4)a fourth violation of the provisions of this Subsection within a six

(6)month period from the date of the third violation shall be subject to a penalty of One Thousand Dollars ($1,000.00) and the operator shall be subject to revocation of their driver’s license.