Guam § 5109 - Authority to Stop, Inspect and Weigh Vehicles;

§ 5109. 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,

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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

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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-in-

motion 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

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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);

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(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.