Guam § 5112 - Penalties.

§ 5112. 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

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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

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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

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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.

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(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.