Carrier Safety and Hazardous Material Regulations

(a)The Director of the Department of Revenue and Taxation (“Director”) is authorized to promulgate as Guam regulations, either:

(1)the Federal Motor Carrier Safety Regulations (49 CFR Parts 385, 386, 390 through 399), except such portions as may be determined by the Director to be inapplicable, and highway-related portions of the Federal Hazardous Materials Regulations (49 CFR Parts 107, 171 through 173, 177, 178 and 180); or

(2)such Guam regulations applicable to motor carrier safety, including highway transportation of hazardous materials, as are compatible with Federal regulations. The regulations promulgated by the Director shall be effective as interim regulations until such date as they may be amended pursuant to the Administrative Adjudication Law, Chapter 9 of Title 5 of the Guam Code Annotated.

(b)The Director is authorized to promulgate regulations providing for the right of entry and inspection; the right to inspect commercial motor vehicles; and the right to inspect and copy documents necessary to determine compliance with applicable law, rules and regulations related to motor carrier requirements by COL4/6/2022 CH. 5 SIZE, WEIGHT AND LOAD LIMITATIONS AND RESTRICTION OF CERTAIN VEHICLES government personnel sufficient to enforce the Regulations adopted pursuant to Subsections

(a)and

(c)of this Section and to perform the activities set forth in Guam’s Enforcement Plan for implementation of the Regulations. Such Regulations shall be effective as interim Regulations from the date of promulgation until such date as they be amended pursuant to the Administrative Adjudication Law.

(c)Whenever the Federal Motor Carrier Safety Regulations and Federal Hazardous Materials Regulations used by the government of Guam referenced in this § 5116(a)(1) pursuant to this Chapter are updated, the Department of Revenue and Taxation is authorized to automatically adopt such updates as Guam regulations, subject to the promulgation of rules pursuant to procedures required under the Administrative Adjudication Law.

(d)The regulations adopted in this Section shall be applicable to both interstate commerce and intrastate commerce. Furthermore, the Department of Revenue and Taxation, Guam Motor Carrier Safety Assistance Program (MCSAP) personnel shall have the authority to enforce the regulations on both intrastate and interstate motor vehicle carriers.