Penalties

(a)Every person, entity or organization convicted of a violation of any of the provisions of this Chapter for which another penalty is not provided shall be guilty of a civil violation and subject to a penalty of up to Five Hundred Dollars ($500.00). Every person, entity or organization found to be in violation of the weight limitations established in this Chapter shall be subject to the following:

(1)for a first violation, such person, entity or organization shall be guilty of a civil violation and punished by a fine of up to Five Hundred Dollars ($500.00) and Twenty-five Cents ($0.25)/pound over the maximum allowable load authorized in § 5107;

(2)for a second violation within a six

(6)month period from the date of the first violation, such person, entity or organization shall be guilty of a civil violation and punished by a fine of up to Seven Hundred Fifty Dollars ($750.00) and Fifty Cents ($0.50)/pound over the maximum allowable load authorized in § 5107; and

(3)should a person, entity or organization be found guilty of a third violation of the weight limitations COL4/6/2022 CH. 5 SIZE, WEIGHT AND LOAD LIMITATIONS AND RESTRICTION OF CERTAIN VEHICLES established by this Chapter within six

(6)months after a second violation, such person, entity or organization shall be guilty of a civil violation and subject to fine of not less than One Thousand Dollars ($1,000.00) and Seventy-five Cents ($0.75)/pound over the maximum allowable load authorized in § 5107; and the responsible party, as defined in Subsection

(d)of this Section, may have their Guam business license revoked in accordance with the following:

(A)The Director of the Department of Public Works (DPW Director) shall notify the responsible party (respondent), in writing, of the finding of a third violation of this Section.

(B)The respondent may request, in writing, an administrative hearing to dispute the findings of the Director. Said request for a hearing must be delivered, in writing, to the Office of the DPW Director within fifteen

(15)calendar days from the date of receipt of the DPW Director’s findings.

(C)Notwithstanding § 9220 of Chapter 9 of Title 5, Guam Code Annotated, the hearing shall be conducted by the DPW Director who shall be the hearing officer. The Office of the Attorney General or a Special Assistant Attorney General, appointed by the Attorney General, shall assist in providing advice to the DPW Director when matters of law arise. The hearing process shall be subject to the procedures of Chapter 9 of Title 5, Guam Code Annotated, with the exception noted above, to § 9220 of the same. The findings of the Director, upon the delivery to the respondent, shall fulfill the requirements of § 9201 of Chapter 9 of Title 5, Guam Code Annotated.

(D)In the event that the DPW Director affirms the finding of a third violation is valid, or if no hearing is requested in writing within fifteen

(15)calendar days from the date of receipt of the findings by the respondent, the DPW Director may request, in writing, that the appropriate licensing entity revoke the COL4/6/2022 CH. 5 SIZE, WEIGHT AND LOAD LIMITATIONS AND RESTRICTION OF CERTAIN VEHICLES respondent’s license to do business on Guam immediately, for a period of up to three

(3)years, as determined by the Director. Upon receipt of the DPW Director’s written recommendation, the appropriate licensing entity may suspend such license to do business on Guam in accordance with the recommendation of the DPW Director. The hearing required of this Subsection shall fulfill the requirements to suspend a business license found in Chapter 9 of Title 5 GCA.

(4)Any person found to be in violation of the dimensional limitations established by this Chapter shall be guilty of a civil violation and subject to the following: If the excess dimension (length or width) is as follows, the fine shall be: Up to 5 feet $ 50.00 Over 5 feet and up to 10 feet $100.00 Over 10 feet and up to 15 feet $150.00 Over 15 feet $200.00, plus $10.00 for each additional foot.

(5)Any person who commits any of the acts prohibited by this Section or any rules adopted to enforce this Chapter where no penalty is provided for shall be guilty of a civil violation and shall be fined not less than Five Hundred Dollars ($500.00), as determined by the DPW Director.

(b)All fines levied by a DMV/MCSAP inspector in accordance with the applicable provisions of this Chapter shall be deposited in the Better Public Service Fund of the Department of Revenue and Taxation, to be used by the Division of Motor Vehicles in accordance with § 16101 of Chapter 16, Title 11, Guam Code Annotated.

(c)All fines levied by a DPW/TESS inspector and any permits and administrative fees collected by the Department of Public Works in accordance with this Chapter shall be deposited in the TESS Facility Fund and shall be expended in accordance COL4/6/2022 CH. 5 SIZE, WEIGHT AND LOAD LIMITATIONS AND RESTRICTION OF CERTAIN VEHICLES with § 5118 of this Chapter.

(d)Responsible Party.

(1)Import Shipping Containers Under Seal. Any importer or consignee, whether an individual or an entity, organization, or company, whose shipping container placed under seal has been determined to be in violation of § 5107 of this Chapter shall be responsible for any fine, penalty, handling, additional transportation or other associated cost (including storage).

(2)Export Shipping Containers Under Seal. Any exporter, whether an individual or an entity, organization, or company, whose shipping container placed under seal has been determined to be in violation of § 5107 of this Chapter shall be responsible for any fine, penalty, handling, additional transportation or other associated cost (including storage).

(3)Local Containers Under Seal. Any individual and any organization, entity, or company loading a shipping container under seal not designated for export that has been determined to be in violation of § 5107 of this Chapter shall be responsible for any fine, penalty, handling, additional transportation or other associated cost (including storage).

(4)All Other Local Transport Not Under Seal. Any individual or any cargo transporting entity, organization, or company determined to be in violation of § 5107 of this Chapter shall be responsible for any fine, penalty, handling, additional transportation or other associated cost (including storage) prescribed in this Section.

(e)The fine schedules of the Superior Court of Guam and the Commercial Vehicle Safety Alliance

(CVSA)for violations cited during roadside inspections, and the method for penalty assessment outlined in the Federal Uniform Fine Assessment

(UFA)Program, specifically for violations identified as a result of a Compliance Review, are hereby adopted pursuant to fines and fees as applicable to Guam. COL4/6/2022 CH. 5 SIZE, WEIGHT AND LOAD LIMITATIONS AND RESTRICTION OF CERTAIN VEHICLES

(f)For the purposes of this Section, person means the driver of the vehicle, unless the driver is an employee and is operating the vehicle in the scope and course of employment, in which case person means the employer of the driver. In the case of the transportation of a sealed container or transportation by flatrack, person means:

(1)the individual or company the cargo is consigned to; or

(2)the individual or company located on Guam shipping the cargo. The owner of the vehicle or combination of vehicles may request the operator be held harmless and the citation be transferred to that owner of the vehicle or combination of vehicles. The consignee or the shipper shall not be cited if the power units’ (tractors’) drive axle group is overweight, and the weight is not more than that allowed for a tandem axle with any applicable tolerances.

(g)All permit and administrative fees, fines and reimbursements generated under this Chapter (applicable to the Department of Public Works) shall be deposited in the Tess Facility Fund, and shall not lapse at the end of the fiscal year, but shall roll over into the next fiscal year or until expended in accordance with § 5118 of this Chapter.