Guam § 5116 - Carrier Safety and Hazardous Material Regulations.

§ 5116. 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.