Guam § 69120 - Safe Loading.

§ 69120. Safe Loading.

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(a) Vessels required to display capacity plate. Every vessel

less than twenty-six (26) feet in length designed to carry two (2)

or more persons and to be propelled by machinery as its

principal source of power or designed to be propelled by oars,

shall, if manufactured or offered for sale in this Territory, have

affixed permanently thereto by the manufacturer a capacity plate

as required by this Section. Canoes and sailboats shall be exempt

from the provisions of this Section. As used in this Section,

manufacture means to construct or assemble a vessel or alter a

vessel in such manner as to change its weight carrying capacity.

(b) Capacity plate information and location. A capacity

plate shall bear the following information permanently marked

thereon in such manner as to be clearly visible and legible from

the position designed or normally intended to be occupied by the

operator of the vessel when under way:

(1) For all vessels designed for or represented by the

manufacturer as being suitable for use with outboard motor:

(A) The total weight of persons, motor, gear and

other articles placed aboard which the vessel is capable

of carrying with safety under normal conditions.

(B) The recommended number of persons

commensurate with the weight capacity of the vessel

and the presumed weight in pounds of each such

person. In no instance shall such presumed weight per

person be less than one hundred fifty (150) pounds.

(C) Clear notice that the information appearing on

the capacity plate is applicable under normal

conditions and that the weight of the outboard motor

and associated equipment is considered to be part of

total weight capacity.

(D) The maximum horsepower of the motor the

vessel is designed or intended to accommodate.

(2) For all other vessels to which this Section applies:

(A) The total weight of persons, gear and other

articles placed aboard which the vessel is capable of

carrying with safety under normal conditions.

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(B) The recommended number of persons

commensurate with the weight capacity of the vessel

and the presumed weight in pounds of each such

person. In no instance shall such presumed weight per

person be less than one hundred fifty (150) pounds.

(C) Clear notice that the information appearing on

the capacity plate is applicable under normal

conditions.

(c) Regulations for determining capacity. The information

relating to maximum load capacity required to appear on

capacity plates by Subsection (b) of this Section shall be

determined in accordance with such methods and formulas as

shall be prescribed by rule or regulation adopted by the Guam

Police Department. In prescribing such methods and formulas,

the Guam Police Department shall be guided by and give due

regard to the necessity for uniformity in methods and formulas

lawful for use in determining small vessel capacity in the several

states of the United States and to any methods and formulas

which may be recognized or recommended by the United States

Coast Guard, or any agency successor thereto.

(d) Vessels not having a capacity plate affixed. Any vessel

to which this Section applies not having a capacity plate meeting

the requirements of law affixed thereto by the manufacturer

thereof may have such affixed by any other person in accordance

with such rules and regulations as the Guam Police Department

may prescribe, and may thereafter be offered for sale in this

Territory, but no action taken pursuant to this Subsection shall

relieve any manufacturer from liability for failure to comply with

the requirements of this Section.

(e) Warranty. The information appearing on a capacity plate

shall be deemed to warrant that the manufacturer, or the person

affixing the capacity plate as permitted by Subsection (d) of this

Section, as the case may be, has correctly and faithfully

employed a method and formula for the calculation of maximum

weight capacity prescribed by the Guam Police Department and

that the information appearing on the capacity plate with respect

to maximum weight capacity and recommended number of

persons is the result of the application of such method and

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formula, and with respect to information concerning horsepower

limitations that such information is not a deliberate or negligent

misrepresentation.

(f) Impractical to affix capacity plate. If any vessel required

by this Section to have a capacity plate affixed thereto is of such

design or construction as to make it impracticable or undesirable

to affix such plate, the manufacturer, or other persons having the

responsibility for affixing the plate, may represent such

impracticability or undesirability to the Guam Police Department

in writing. Upon determination by the Guam Police Department

that such representation has merit and that a proper and effective

substitute for the capacity plate which will serve the same

purpose is feasible, the Guam Police Department may authorize

such alternative compliance and such alternative compliance

shall thereafter be deemed in compliance with the capacity plate

requirement of this Section.

(g) Unconventional design. The Guam Police Department

may by rules and regulations exempt from the requirements of

this Section vessels which it finds to be of such unconventional

design or construction that the information required on capacity

plates would not assist in promoting safety or is not reasonably

obtainable.

(h) Violation. Failure to affix a proper capacity plate shall

constitute a separate violation for each vessel with respect to

which such failure occurs.

(i) Authority to issue regulations. The Guam Police

Department is authorized to issue rules and regulations to carry

out the purposes of this Section.

(j) Effective date. This Section shall apply to vessels

manufactured after January 1, 1973.