Guam § 49117 - Motor Vehicle Pollution Control.

§ 49117. Motor Vehicle Pollution Control.

(a) As the state of knowledge and technology relating to the

control of emission from motor vehicles may permit or make

appropriate, and in furtherance of the purpose of this Chapter, the

Agency may provide rules and regulations for the control of

emissions from motor vehicles. These rules and regulations may

prescribe requirements for the installation and use of equipment

designed to reduce or eliminate emissions and for the proper

maintenance of such equipment and vehicles. Any rules and

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CH 49 AIR POLLUTION CONTROL ACT

regulations pursuant to this Section shall be consistent with

provisions of Federal law, if any, relating to control of emission

from the vehicles concerned.

(b) Except as permitted or authorized by law, no person shall

fail to maintain in good working order or remove, dismantle or

otherwise cause to be inoperative any equipment or feature

constituting an operational element of the air pollution control

system or mechanism of a motor vehicle required by rules or

regulations of the Agency to be maintained in or on the vehicle.

Any failure to maintain in good working order or removal,

dismantling, or causing of inoperability shall subject the owner or

operator to suspension or cancellation of the registration of the

vehicle by the Department of Revenue and Taxation, or penalties

not to exceed One Thousand Dollars ($1,000.00) per day of

violation. The vehicle shall not be eligible for registration until all

parts and equipment constituting operational elements of the

motor vehicle have been restored, replaced or repaired and in good

working order.

(c) The Agency may carry out a program of inspection and

testing of motor vehicles to enforce compliance with applicable

emission standards or may carry out the inspection and testing

jointly with another government of Guam agency.

(d) The Agency shall not require, as a condition precedent to

the initial sale of a vehicle or vehicular equipment, the inspection,

certification or other approval of any feature or equipment

designed for the control of emissions from motor vehicles, if the

feature or equipment has been certified, approved or otherwise

authorized pursuant to Federal law.

(e) The remedies and penalties provided in this Section shall

apply to violations hereof, and no provision of § 49116 of this

Chapter shall apply thereto.

(f) As used in this Section, Motor Vehicle shall mean any

vehicle with an internal combustion engine used on public roads

and highways for the purpose of transportation.