Guam § 12108 - Prohibitions.

§ 12108. Prohibitions.

(a) It is a misdemeanor for the owner or operator of a tow truck to stop

at the scene of an accident for the purpose of soliciting an engagement for

towing services, either directly or indirectly, or to furnish any towing

services, unless summoned to the scene, requested to stop, or flagged down

by the owner or operator of a disabled vehicle or requested to perform the

service by a law enforcement officer or public agency pursuant to that

agency's procedures.

(b) It is a misdemeanor for the owner or operator of a tow truck to move

any vehicle from a highway, street, or public property without the express

authorization of the owner or operator of the vehicle or a law enforcement

officer or public agency pursuant to that agency's procedures, when the

vehicle has been left unattended or when there is an injury as the result of an

accident.

(c) This section shall not apply to the following:

(1) A vehicle owned or operated by, or under contract to, a motor

club, which stops to provide services for which compensation is neither

requested nor received, provided that those services may not include

towing other than that which may be necessary to remove the vehicle to

the nearest safe shoulder. The owner or operator of such a vehicle may

contact a law enforcement agency or other public agency on behalf of a

motorist, but may not refer a motorist to a tow truck owner or operator,

unless the motorist is a member of the motor club, the motorist is

referred to a tow truck owner or operator under contract to the motor

club, and, if there is a dispatch facility which services the area and is

owned or operated by the motor club, the referral is made through that

dispatch facility.

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(2) A tow truck operator employed by a law enforcement agency

or other public agency.

(3) A tow truck owner or operator acting under contract with a law

enforcement or other public agency to abate abandoned vehicles, or to

provide towing service, to the extent authorized by law.

(d) It is a misdemeanor for an owner or operator of a tow truck to store

vehicles on lots other than duly licensed impound lots or storage lots

certified, approved and licensed by the Division of Motor Vehicles of the

Department of Revenue and Taxation. This prohibition shall not apply to

vehicles stored on private non-commercial property at the direction of the

owner of the vehicle and with the consent of the property owner.