2021 Guam Statutes
Title 16 - Vehicles
Chapter 7 - Vehicle License and Registration

Universal Citation: 16 Guam Code §§ 7101 - 7179 (2021)

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16 GCA VEHICLES CH.7 VEHICLE LICENSE AND REGISTRATION CHAPTER 7 VEHICLE LICENSE AND REGISTRATION § 7101. § 7102. § 7103. § 7104. § 7105. § 7106. § 7107. § 7108. § 7109. § 7110. § 7111. § 7112. § 7113. § 7114. § 7115. § 7116. § 7117. § 7118. § 7119. § 7120. § 7120.1. § 7120.2. § 7120.3. § 7120.4. § 7120.5. § 7121. § 7122. § 7123. § 7124. § 7125. § 7126. § 7127. § 7128. § 7129. § 7130. § 7131. Registration Required. Same. Exemptions. Temporary Permit. Registration: Application. Same: Same: Inspection. Same: Same. Same: Same: Prior Registration. Same: Same: Same. Acceptance of Prior Record of Title. Same: Refund. Same: Same: Grounds. Same: Same. Records. Certificate of Ownership. Registration Card: Contents. Certificate: Contents. Same: Same. Registration: Display. License Plates. Special License Plates and Removable Windshield Placards. Veteran License Plates. Special Gold Star License Plates. Firefighter License Plates. Special Recognition Veterans License Plate. Same: Amateur or Citizens Radio Station Licenses. License Plates, Government Officials. Personalized License Plates. Bicycle Equipped With a Motor: Registration. License Plates: Devices in Lieu of. Same. Same: Special. Same: Same. Same: Display. Registration: Expiration. Certificate: Duration. 1 COL9/7/2021 16 GCA VEHICLES CH.7 VEHICLE LICENSE AND REGISTRATION § 7132. § 7133. § 7134. § 7135. § 7136. § 7137. § 7138. § 7139. § 7140. § 7141. § 7142. § 7143. § 7144. § 7145. § 7146. § 7147. § 7148. § 7149. § 7150. § 7151. § 7152. § 7153. § 7154. § 7155. § 7156. § 7157. § 7158. § 7159. § 7160. § 7161. § 7162. § 7163. § 7164. § 7165. § 7166. § 7167. § 7168. Registration: Renewal. Registration: Mail Order Notification. Payment of Registration Fees and License Plates. License Plates: Renewal. Government Vehicles. Registration: Renewal. Same: Avoidance of Penalties. Same: Loss, Theft, etc. Same: Theft of Vehicle. Identification Number Required. Assignment of Motor Number or Special Identifying Number. Regulations: Authority. Transfer. Same. Transfer of Registration. Same: Re-registration. Same: Certificate Lost, etc. Same: New Certificate. Same: Same. Chattel Mortgage: Validity. Same: Notice. Same: Registered. Registration: Suspended, Canceled, Revoked. Same: Same: Special Plates. Hearing. Return of Plates or Certificate. Transportation of Persons for Hire: Insurance Required. License and Registration Fee. Same: Amount. Street Light Fund. Gross Weight Defined: How Determined. Gross Weight Classification Tables: Director of Revenue and Taxation May Compile. Statement of Applicant as to Gross Weight. Penalty. Fees: When Payable. Same: How Prorated. Same: Collection and Receipt. 2 COL9/7/2021 16 GCA VEHICLES CH.7 VEHICLE LICENSE AND REGISTRATION § 7169. § 7170. § 7171. § 7172. § 7173. § 7174. § 7175. § 7176. § 7177. § 7178. § 7179. Same: Government Cars. Same: Special Plates. Same: Delinquency. Same: Constitutes Lien. Same: Duplicate. Same: Refund. Unexpired License on Junked Vehicle. Certification Fee. Vehicles Owned or Operated by Hearing/Speech Impaired Individuals. Point of Sale (POS) Registration Authorized. Temporary Registration License Plates. § 7101. Registration Required. Unless expressly exempted under this Title, a person shall not drive or move, nor shall any owner permit to be driven or moved, upon a highway any vehicle which is not registered as required by this Title. Any vehicle, other than stolen vehicles, operated in violation of this Section, shall be presumed to have been operated with the permission of the owner. SOURCE: GC § 23300, enacted by P.L. 1-088 as amended by P.L. 4097. § 7102. Same. Subject to the exemptions stated in this Title, registration of the following vehicles is required when driven or moved upon a highway: Any motor vehicle, trailer, semi-trailer, pole or pipe dolly, and any dolly used to support part of the weight of a semitrailer. SOURCE: GC § 23301, enacted by P.L. 1-088 as amended by P.L. 3057. § 7103. Exemptions. Upon obtaining a special permit from the Director of Public Safety, a person need not register a vehicle of a type required to be registered under this Title for the purpose of: (a) Moving or operating a vehicle not previously registered on arrival of the vehicle in Guam, from the port of entry to a dealer’s or distributor's place of business to the 3 COL9/7/2021 16 GCA VEHICLES CH.7 VEHICLE LICENSE AND REGISTRATION owner's residence or to the place for registration of the vehicle. (b) Moving or operating a vehicle not previously registered, from a dealer's or distributor's place of business to a place where essential parts of the vehicle are to be altered or supplied. (c) Transporting a vehicle upon a highway when no part of such vehicle is in contact with the highway. (d) Moving a vehicle, which has been disabled as the result of an accident, for the purpose of repairs. (e) Moving or operating a vehicle for the purpose of dismantling or wrecking it, and permanently removing it from the highways. (f) Moving or towing a vehicle which is not registered and is used off the highway or roadway for recreational purposes. SOURCE: GC § 23302, enacted by P.L. 1-088. Subsection (f) added by P.L. 14-106:7. § 7104. Temporary Permit. (a) The Department of Revenue and Taxation in its discretion, may grant a temporary permit to operate a vehicle for which application for registration has been made, where such application is accompanied by the proper fee pending action upon the application by the Department. (b) Fees. The Department of Revenue and Taxation is authorized to charge temporary permit fees as follows: (1) Temporary Permit A $ 5.00 (2) Temporary Permit B $10.00 SOURCE: GC § 23303, enacted by P.L. 1-088. Amended by P.L. 29002:V:I:37 (May 18, 2007). 2007 COMMENT: The amendment by P.L. 29-002 added a new subsection (a) to the existing, unnumbered provision. To better organize the section, the existing provision was designated subsection (a) and the new subsection (from P.L. 29-002) was re-designated subsection (b) by the Compiler. 4 COL9/7/2021 16 GCA VEHICLES CH.7 VEHICLE LICENSE AND REGISTRATION § 7105. Registration: Application. The owner of a vehicle of a type required to be registered under this Title shall make application to the Department of Revenue and Taxation for registration of the vehicle upon a form furnished by that Department. The application shall contain: (a) The name and business or residence address of the owner, and of the legal owner, if any. (b) A description of the vehicle including insofar as such data may exist with respect to a given vehicle, the make, model, type of body, the number of cylinders, the motor number of the vehicle, or other identifying number of the vehicle, as may be required by the Department, and the date first sold by manufacturer or dealer to a consumer. (c) Such additional information as may reasonably be required by the Department. (d) Proof of payment of and/or exemption from Use Taxes, that are levied under the provisions of Chapter 28 of Title 11, Guam Code Annotated, for vehicles acquired outside of Guam that were not purchased from a business licensed to do business on Guam. SOURCE: GC § 23304, enacted by P.L. 1-088 as amended by P.L. 8105. Subsection (d) added by P.L. 32-004:1 (Mar. 6, 2013). § 7106. Same: Same: Inspection. Upon receipt of an original application for registration the Department of Revenue and Taxation shall immediately refer the application to the Department of Public Safety for an inspection to determine whether the vehicle is lawfully entitled to registration. The Department of Revenue and Taxation shall not register any vehicle until a report of its inspection is made by the Department of Public Safety to the Department of Revenue and Taxation. SOURCE: GC § 23305, enacted by P.L. 1-088. § 7107. Same: Same. The Department of Revenue and Taxation shall not accept the application for the original registration of a vehicle in Guam, 5 COL9/7/2021 16 GCA VEHICLES CH.7 VEHICLE LICENSE AND REGISTRATION unless the vehicle at the time of application is within Guam; except, that the Department may accept an application for registration of a new vehicle which is not within Guam when the application is accompanied by an affidavit signed by both the seller and purchaser giving the name and address of each, a description of the vehicle, including a statement of the weight, and a statement that the vehicle is purchased for use in Guam and not for resale and that all taxes payable in Guam have been paid or that report of such sale has been made and payment of such taxes arranged for or secured with the proper government of Guam authorities. SOURCE: GC § 23306, enacted by P.L. 1-088. § 7108. Same: Same: Prior Registration. Upon an application for registration of a vehicle previously registered outside Guam, the application shall be verified and shall also state such fact and the time and place of the last registration of such vehicle outside Guam, and the name and address of the governmental officer, agency, or authority making such registration, together with such further information relative to its previous registration as may reasonably be required by the Department of Revenue and Taxation, including the time, and place of original registration, if known, and if different from such last foreign registration. The applicant shall surrender to the Department all unexpired license plates, seals, certificates or other evidence of foreign registration as may be in his possession or under his control. Upon application made at the time of their surrender to the Department of Revenue and Taxation and upon payment of a fee of One Dollar ($1.00), the Department shall return the unexpired license plates to the official in charge of the registration of motor vehicles in the state or territory of issue of such license plates. SOURCE: GC § 23307, enacted by P.L. 1-088. § 7109. Same: Same: Same. The Department of Revenue and Taxation shall forthwith mail a notice of the filing of any application for registration of a vehicle previously registered outside Guam to the governmental officer, agency, or authority which made the last registration of 6 COL9/7/2021 16 GCA VEHICLES CH.7 VEHICLE LICENSE AND REGISTRATION such vehicle outside Guam. Such notice must contain like data as required on the application filed with the Department. SOURCE: GC § 23308, enacted by P.L. 1-088. § 7110. Acceptance of Prior Record of Title. (a) Upon application for registration of a vehicle previously registered outside Guam the Department of Revenue and Taxation shall grant full faith and credit to the currently valid certificate of title describing such vehicle, the ownership thereof and any liens noted thereon, issued by the state or territory in which the vehicle was last registered. (b) The acceptance by the Department of Revenue and Taxation of a certificate of title issued by a state or territory as provided in Subsection (a), in the absence of knowledge by the Department that any such certificate is forged, fraudulent or void, shall be a sufficient determination of the genuineness and regularity of such certificate and of the truth of the recitals therein, and no liability shall be incurred by any officer or employee of the Department by reason of so accepting any such certificate of title. (c) In the event a certificate of title issued by a state or other territory shows any lien or encumbrance upon the vehicle therein described, then the Department of Revenue and Taxation upon registering such vehicle in Guam and upon issuing a certificate of ownership shall include therein the name of such lien holder as legal owner unless documents submitted with the foreign certificate of title establish that the lien and encumbrance have been fully satisfied. (d) In the event application is made in Guam for registration of a vehicle from a state or territory which issues only a registration card and does not issue a certificate of title and in the event the Department of Revenue and Taxation is not satisfied as to the owner of the vehicle or the existence of foreign liens thereon, then the Department may register the vehicle and issue a registration card of a distinctive type and license plates but shall withhold issuance of a Guam certificate of ownership unless and until the applicant shall present such documents as to reasonably 7 COL9/7/2021 16 GCA VEHICLES CH.7 VEHICLE LICENSE AND REGISTRATION satisfy the Department of the applicant's ownership of the vehicle and as to any liens thereon. SOURCE: GC § 23309, enacted by P.L. 1-088. § 7111. Same: Refund. In the event the Department of Revenue and Taxation refuses to grant an application for registration in Guam of a vehicle previously registered in a state or other territory, the Department shall immediately return to the applicant all documents submitted by the applicant with such application. SOURCE: GC § 23310, enacted by P.L. 1-088. § 7112. Same: Same: Grounds. The Department of Revenue and Taxation shall refuse registration or transfer of registration upon either of the following grounds: (a) That the application contains any false or fraudulent statement. (b) That the required fee has not been paid. SOURCE: GC § 23311, enacted by P.L. 1-088. § 7113. Same: Same. The Department of Revenue and Taxation may refuse registration or transfer of registration of a vehicle in any of the following events: (a) If the Department is satisfied that the applicant is not entitled thereto under the provisions of this Title. (b) If the applicant has failed to furnish the Department the information required in the application or reasonable additional information required by the Department. (c) If the Department determines that the applicant has made or permitted to be made unlawful use of any registration certificate, certificate of ownership or license plates. (d) If the vehicle is mechanically unfit or unsafe to be operated or moved upon the highways. 8 COL9/7/2021 16 GCA VEHICLES CH.7 VEHICLE LICENSE AND REGISTRATION (e) If the Department determines that a dealer or distributor has failed to comply with the provision of this Title relating to the giving of notice of the transfer of a vehicle to the Department during the current or previous year. SOURCE: GC § 23312, enacted by P.L. 1-088. § 7114. Records. The Department of Revenue and Taxation shall file each application received, and when satisfied as to the genuineness and regularity thereof, and that the applicant is entitled to register such vehicle, shall register the vehicle therein described and keep a record thereof in suitable books or on index cards as follows: (a) Under a distinctive registration number assigned to the vehicle. (b) Alphabetically, under the name of the owner. (c) Under the motor or a permanent identifying number of the vehicle, as may be determined by the Department. (d) In the discretion of the Department, in any other manner it may deem desirable. SOURCE: GC § 23313, enacted by P.L. 1-088. § 7115. Certificate of Ownership. Upon registering a vehicle, the Department of Revenue and Taxation shall issue a certificate of ownership to the legal owner and a registration card to the owner, or both to the owner if there is no legal owner of the vehicle. SOURCE: GC § 23314, enacted by P.L. 1-088. NOTE: See Bordallo v. Mobley (1963) 323 F.2d 214. § 7116. Registration Card: Contents. The registration card shall contain upon the face thereof the date issued, the name and address of the owner and of the legal owner, if any, the registration number assigned to the vehicle and a description of such vehicle as complete as that required in the application for registration of such vehicle. The Director of 9 COL9/7/2021 16 GCA VEHICLES CH.7 VEHICLE LICENSE AND REGISTRATION Revenue and Taxation shall have authority to modify the form, arrangement, and information appearing on the face of the registration card whenever he shall find that the efficiency of the Department will be promoted thereby. SOURCE: GC: § 23315, enacted by P.L. 1-088. § 7117. Certificate: Contents. (a) The certificate of ownership shall contain upon the face thereof the identical information required upon the face of the registration card. (b) The certificate of ownership shall contain upon the reverse side, forms for notice to the Department of a transfer of the title or interest of the owner or legal owner and application for such transfer by the transferee. (c) (1) The certificate of ownership of a vehicle where title is acquired by an insurance company as a result of payment of an insurance claim shall prominently display the words “Salvage Title” on said certificate. The words “Salvage Title” shall remain on the certificate title in perpetuity for all successive owners of said vehicle or any secondary vehicle from which said vehicle’s chassis or parts of said vehicle’s chassis is used to repair, replace, or refurbish the secondary vehicle. (2) Failure to disclose such insurance claim information, as stated in this Subsection, to the Department of Revenue and Taxation when transferring ownership is a civil violation and subject to a fine of not less than Five Hundred Dollars ($500.00). (3) For purposes of this Subsection, salvage refers to any vehicle for which an insurance company has deemed not economically feasible to repair. (d) An insurance company that obtains ownership by payment of a claim for the full insured value of a vehicle shall obtain a salvage title certificate of ownership, within ten (10) days of the payment of such claim (weekends and government of Guam holidays excepted), from the Department of Revenue and Taxation prior to selling or otherwise disposing of the vehicle. 10 COL9/7/2021 16 GCA VEHICLES CH.7 VEHICLE LICENSE AND REGISTRATION (1) The Department of Revenue and Taxation may charge said insurance company a fee not to exceed Three Dollars ($3.00). (2) Subsequent sales or transfers of a vehicle with a salvage title shall be subject to a fee of Twenty-five Dollars ($25.00). (3) Fee revenues herein shall be deposited in the Better Public Service Fund and are continually appropriated to the Motor Vehicle Division of the Department of Revenue and Taxation. (e) In the event that an insurance company pays a claim for the full insured value of a vehicle and allows the insured to retain ownership of the vehicle, the insurance company shall, within ten (10) days of the payment of such claim (weekends and government of Guam holidays excepted) notify the Motor Vehicle Division of the Department of Revenue and Taxation of such claim. Subsequent transfers of ownership of said vehicles, shall be issued a salvage title certificate of ownership. (f) A vehicle that receives a salvage title certificate of ownership may be registered for use on Guam’s public roadways; provided, that such vehicle is deemed safe for use on public roads by a licensed repair shop. SOURCE: GC § 23316, enacted by P.L. 1-088. Amended by P.L. 33069:1 (Sept. 15, 2015, and P.L. 33-234 (Jan. 9, 2017). 2017 NOTE: Subsection designations were added in (d) pursuant to authority granted to the Compiler by 1 GCA § 1606. 2015 NOTE: Subsection designations were added in (c) pursuant to authority granted to the Compiler by 1 GCA § 1606. § 7118. Same: Same. The certificate of ownership and registration card issued upon registration of a vehicle previously registered outside Guam and every renewal and issue thereof shall give the name of the state or territory in which vehicle was last previously registered outside Guam. SOURCE: GC § 23317, enacted by P.L. 1-088. § 7119. Registration: Display. 11 COL9/7/2021 16 GCA VEHICLES CH.7 VEHICLE LICENSE AND REGISTRATION (a) Every owner upon receipt of a registration card, shall write his signature thereon with pen and ink in the space provided and shall place and thereafter maintain the same or a facsimile copy thereof in the registered vehicle. (b) The provisions of this Section shall not apply when a registration card is necessarily removed from the vehicle for which issued for the purpose of application and renewal thereof or a transfer of registration of the vehicle. SOURCE: GC § 23318, enacted by P.L. 1-088; as amended by P.L. 4061 and P.L. 8-048. § 7120. License Plates. (a) Upon registering a vehicle, the Department of Revenue and Taxation shall issue to the owner two (2) license plates (one front and one rear) for a motor vehicle. (b) Every license plate shall have displayed upon it the registration number assigned to the vehicle for which it is issued together with the word “Guam” and the year number for which it is issued or a suitable device issued by the Department for validation purposes, which device shall contain the year number for which issued. (c) License plates shall be rectangular in shape and such size as the Director of Revenue and Taxation may determine. Upon originally registering a vehicle and at annual reregistration of such vehicles the Department shall issue to the owner suitable plates or devices indicating such annual registration which shall be attached to the vehicle as provided in this Title. SOURCE: § 23319 GC, enacted by P.L. 1-088 amended by P.L. 5-017 and P.L. 12-155; Subsection (a) as amended by P.L. 16-058:3 and by P.L. 18-026:16. Subsection (d) added by P.L. 18-028:4. Subsection (d) repealed by P.L. 23-022:6 (4/26/95). § 7120.1. Special License Plates and Removable Windshield Placards. (a) Definitions. Terms used in this section are defined as follows: 12 COL9/7/2021 16 GCA VEHICLES CH.7 VEHICLE LICENSE AND REGISTRATION (1) International Symbol of Accessibility means the symbol adopted by Rehabilitation International in 1969 at its Eleventh World Congress on Rehabilitation of the Disabled. (2) Qualified person with a disability means a person who, as determined by a licensed physician: (A) cannot walk two hundred feet (200’) without stopping to rest, due to a diagnosed arthritic, neurological or orthopedic condition; (B) cannot walk without the use of, or assistance from, a brace, cane, crutch, another person, prosthetic device, wheelchair, or other assistive device; (C) is restricted by lung disease to such an extent that the person's forced (respiratory) expiatory volume for one second, when measured by spirometry, is less than one liter, or the arterial oxygen tension is less than sixty mm/hg on room air at rest; (D) uses portable oxygen; (E) has a cardiac condition to the extent that the person's functional limitations are classified in severity as Class III or Class IV according to standards set by the American Heart Association; or (F) has a central visual acuity that does not exceed 20/200 in the better eye, with corrective lenses, as measured by the Snellen test, or visual acuity greater than 20/200, but with a limitation in the field of vision such that the widest diameter of the visual field subtends an angle not greater than 20 degrees. An optometrist, in lieu of a licensed physician, may determine the existence of a visual impairment as defined under this subsection. (3) Special license plate means a license plate that displays the International Symbol of Accessibility: (A) In a color that contrasts to the background; and 13 COL9/7/2021 16 GCA VEHICLES CH.7 VEHICLE LICENSE AND REGISTRATION (B) In the same size as the letters and numbers on the plate. (4) Permanent removable windshield placard means a two (2)-sided, hanger style placard which includes on each side: (A) the International Symbol of Accessibility, which is at least three inches (3”) in height, centered on the placard, and is white on a blue shield; (B) an identification number; and (C) the seal or other identification of the issuing authority. (5) Temporary removable windshield placard means a two-sided, hanger style placard which includes on each side: (A) The International Symbol of Accessibility, which is at least three inches (3”) in height, centered on the placard, and is white on a red shield; (B) An identification number; (C) A date of expiration; and (D) The seal or other identification of the issuing authority. (b) Special License Plates. (1) Upon application of a qualified person with a disability, the Motor Vehicles Division of the Department of Revenue and Taxation shall issue a special license plate for the vehicle which is registered in the applicant's name. The initial application shall be accompanied by the certification of a licensed physician that the applicant meets the 16 GCA § 7120.1(a)(2) definition of a qualified person with a disability, except that a licensed optometrist may certify a visual impairment as defined in 16 GCA § 7120.1(a)(2)(F). 14 COL9/7/2021 16 GCA VEHICLES CH.7 VEHICLE LICENSE AND REGISTRATION (2) The fee for the issuance of a special license plate shall not exceed the fee charged for a similar license plate for the same class of vehicle. (c) Permanent Removable Windshield Placards. (1) The Department of Revenue and Taxation (Motor Vehicle Division) shall provide for the issuance of permanent removable windshield placards, upon the applications of qualified persons with disabilities, when such disabilities are certified as permanent by a licensed physician or by a licensed optometrist if the disability is a visual impairment. The Department shall, upon request, issue no more than one (1) permanent removable windshield placard in addition to the issuance of a special license plate and shall, upon request, issue no more than two (2) placards to each applicant who does not have a special license plate. Such placards issued shall not expire. The Department shall not charge a fee for issuance of the placards. (2) The initial application shall be accompanied by the certification of a licensed physician that the applicant meets the § 7120.1(a)(2) definition of a person with disabilities. Resubmission of a physician's or optometrist's certification is not required when applying for renewal of a special license plate or removable windshield placard. (3) Upon application of an organization, the Motor Vehicles Division of the Department of Revenue and Taxation shall issue no more than one removable windshield placard for each vehicle registered in the applicant's name if the vehicle is used primarily to transport qualified persons with disabilities. The application shall include a certification by the applicant, under criteria to be determined by the Department of Revenue and Taxation through rules and regulations, that the vehicle is used primarily to transport qualified persons with disabilities. If the organization ceases to transport qualified persons with disabilities, the organization shall return the removable windshield placard to the Department of Revenue and Taxation (Motor Vehicle Department) for cancellation. 15 COL9/7/2021 16 GCA VEHICLES CH.7 VEHICLE LICENSE AND REGISTRATION (4) The removable windshield placard shall be displayed in such a manner that it may be viewed from the front and the rear of the vehicle by hanging it from the front windshield rearview mirror of a vehicle utilizing a parking space reserved for persons with disabilities. When there is no rearview mirror, or if tinting of the windshield substantially obscures the view of the placard when it is hanging from the rearview mirror, the placard shall be displayed on the dashboard. (d) Temporary Removable Windshield Placards. (1) The Department of Revenue and Taxation (Motor Vehicle Department) shall issue temporary removable windshield placards, upon the application of qualified persons with disabilities, when the disabilities are certified as temporary by a licensed physician or by a licensed optometrist if the disability is a visual impairment. The department shall issue, upon request, no more than one additional temporary removable windshield placard to each applicant. The department shall not charge a fee for issuance of the placards. (2) The Department of Revenue and Taxation (Motor Vehicle Department) shall require that the application be accompanied by the certification of a licensed physician that the applicant meets the 16 GCA § 7120.1(a)(2) definition of a qualified person with a disability, except that a licensed optometrist may certify a visual impairment as defined in § 7120.1(a)(2)(F). The certification shall also include the period of time that the physician or optometrist determines the applicant will have the disability, not to exceed twelve (12) months. (3) The temporary removable windshield placard shall be displayed in such a manner that it may be viewed from the front and rear of the vehicle by hanging it from the front windshield rearview mirror of a vehicle utilizing a parking space reserved for persons with disabilities. When there is no rearview mirror, or if tinting of the windshield substantially obscures the view of the placard when it is 16 COL9/7/2021 16 GCA VEHICLES CH.7 VEHICLE LICENSE AND REGISTRATION hanging from the rearview mirror, the placard shall be displayed on the dashboard. (4) Each temporary removable windshield placard shall be valid for a period of time for which the physician or optometrist has determined that the applicant will have the disability, not to exceed twelve (12) months from the date of issuance. If the temporary disability extends beyond the expiration date of the placard, the applicant may reapply for a temporary removable windshield placard. The applicant, upon reapplication, shall submit another physician's or optometrist’s certification, and the placard shall be valid for a period of time for which the physician or optometrist has determined that the applicant will continue to have the disability, not to exceed twelve (12) months from the date of issuance. (e) Parking. Special license plates, removable windshield placards or temporary removable windshield placards displaying the International Symbol of Accessibility shall be the only recognized means of identifying vehicles permitted to utilize parking spaces reserved for qualified persons with disabilities. (f) Reciprocity. The territory of Guam shall recognize for six (6) months removable windshield placards, temporary removable windshield placards, and special license plates which have been issued by issuing authorities of other U.S. territories, states, and countries, for the purpose of identifying vehicles permitted to utilize parking spaces reserved for qualified persons with disabilities. (g) Previously Issued Placards. All removable windshield placards that have been issued prior to the effective date of this Act by the Department of Revenue and Taxation (Motor Vehicle Division) for use by persons with disabilities shall automatically expire 180 days after the effective date of this Act. All placards which have expiration dates prior to 180 days after the effective date of this Act shall expire on their expiration dates. As soon as practicable after the effective date of this Act, the Department of Revenue and Taxation shall notify by mail all holders of removable windshield placards issued prior to the effective date of this Act of the requirements of this Act. 17 COL9/7/2021 16 GCA VEHICLES CH.7 VEHICLE LICENSE AND REGISTRATION (h) Revocation of Special License Plate or Removable Windshield Placard. (1) The Department of Revenue and Taxation may cancel, revoke or suspend a special license plate, removable windshield placard or temporary removable windshield placard if the department has determined that any of the following circumstances exist: (A) a special license plate or placard was fraudulently or erroneously issued; (B) a person is or was using his or her special license plate or placard unlawfully; (C) the person is no longer eligible to receive or use a special license plate or placard; or (D) the owner has committed an offense under this Act involving a special license plate or placard. (2) Before the Department of Revenue and Taxation cancels, revokes or suspends a special license plate, removable windshield placard or temporary removable windshield placard pursuant to this subsection (h), the person affected by it shall be given notice and an opportunity to be heard. (i) Rules. The Department of Revenue and Taxation shall, within 180 days from the effective date of this Act, adopt rules and regulations, in compliance with the Administrative Adjudication Law, to carry out the purposes of this Act, including rules for the issuance and renewal of removable and temporary removable windshield placards, reciprocity, and special license plates. SOURCE: Added by P.L. 23-11:7 (4/26/95). Subsection (a)(4) amended by P.L. 36-032:1 (June 11, 2021). Subsection (c)(1) amended by P.L. 36032:2 (June 11, 2021). Subsection (d)(2) amended by P.L. 36-032:3 (June 11, 2021). Subsection (d)(4) amended by P.L. 36-032:4 (June 11, 2021). 2013 NOTE: Pursuant to the authority granted by 1 GCA § 1606, numbers and/or letters were altered to adhere to the Compiler’s alphanumeric scheme. § 7120.2. Veteran License Plates. 18 COL9/7/2021 16 GCA VEHICLES CH.7 VEHICLE LICENSE AND REGISTRATION (a) The purpose of this Section is to provide a veteran license plate(s) for veterans who reside on Guam. (b) Definitions. Term used in this Section is defined as follows: (1) Veteran, as it applies to this Law, means a person who served in the active duty military service in the U.S. Army, U.S. Air Force, U.S. Navy, U.S. Marine Corps or U.S. Coast Guard; also the Army or Air National Guard or active reserve component of the Army, Air Force or Navy, and who was discharged or released under conditions other than dishonorable. Additionally, it means a person who served during World War II in the Guam Combat Patrol, Wake Island Defenders, Guam Militia or Civilian Scouts. (c) Application. (1) Any person who is a veteran, verified by the Department of Defense 214 form (DD214), or who otherwise is qualified under Subsection (b) (1) of this Section and certified by the government of Guam Veterans Affairs Office, and is the registered owner or lessee of a passenger vehicle registered with the Department of Revenue and Taxation, or who makes application for an original registration or renewal registration of any such vehicle, may apply to the Motor Vehicle Division of the Department of Revenue and Taxation for a veteran license plate(s), which shall be affixed to the passenger vehicle for which registration is sought in lieu of regular license plates. (2) The Motor Vehicle Division shall, with documented consent of the party of interest, transmit a copy of all DD214 forms or other proof of Veteran status submitted pursuant to this Section to the Office of Veterans Affairs for the purpose of updating the Guam Veterans Registry no later than thirty (30) days after the date of acceptance by the Motor Vehicle Division. (A) Transmission of forms may be made by electronic means over a secured network as prescribed by the Office of Technology and the Office of Veterans Affairs. 19 COL9/7/2021 16 GCA VEHICLES CH.7 VEHICLE LICENSE AND REGISTRATION (B) The Office of Veterans Affairs shall have the authority to adopt regulations to implement and administer the provisions of this Section and ensure the confidentiality of Veteran information. (d) Color and Design. A veteran license plate shall be the same standard size and shape as a regular passenger vehicle with the additional features as follows: (1) Below the line ‘GUAM USA,’ will be the word ‘VETERAN’ (in black lettering) bordered on the left by the United States Flag and on the right by the Guam Flag; (2) On the next line, in the middle, will be the license plate number (in blue lettering) in alpha numeric format designating branch of service and numerical sequence, such as A001 (Army), AF050 (Air Force), N022 (Navy), MC033 (Marine Corps), CG006 (Coast Guard), NG310 (Army or Air National Guard), R711 (Army, Air or Naval Reserves), GCP001 (Guam Combat Patrol), WD007 (Wake Island Defender), GM019 (Guam Militia), or CS042 (Civilian Scout). For a qualified person with a disability, as defined under Title 16 Guam Code Annotated § 7120.1, the veteran license plate shall display the International Symbol of Accessibility in the same size as the letters and numbers on the plate. (3) Below the license number, will be a line reserved for decal entries denoting recipients of medals of valor, combat duty or disabled person’s symbols. Such entries shall include: ‘DISTINGUISHED SERVICE CROSS,’ ‘SILVER STAR,’ ‘BRONZE STAR,’ ‘PURPLE HEART’ OR ‘COMBAT WOUNDED,’ or other equivalent awards. (e) Fee. The fee for the issuance of a veteran license plate shall not exceed the fee charged for a similar license plate for the same class of vehicle. (f) Issuance. A veteran license plate(s) shall be issued only to the registered owner or lessee of the vehicle on which they are to be displayed. Registration for a veteran license plate shall be limited to two (2) vehicles per veteran. 20 COL9/7/2021 16 GCA VEHICLES CH.7 VEHICLE LICENSE AND REGISTRATION SOURCE: Added by P.L. 24-66:2. Subsection (e) amended by P.L. 30115:2 (Apr. 1, 2010), P.L. 30-144:5 (May 17, 2010), effective, Apr. 1, 2010, pursuant to P.L. 30-144:6. Subsection (c) amended by P.L. 34093:2 (May 14, 2018). 2018 NOTE: Subsection/subitem designations altered/added pursuant to the authority granted by 1 GCA § 1606. § 7120.3. Special Gold Star License Plates. (a) The Motor Vehicle Division of the Department of Revenue and Taxation shall, upon application, issue gold star license plates. The type and style of the gold star license plates shall be determined by the Director of the Department of Revenue and Taxation and the Office of Veterans Affairs, except that a gold star shall appear on one (1) side of the license plate. Applicants shall apply on forms prescribed by the Director of the Department of Revenue and Taxation, and the applicant’s eligibility will be certified by the Office of Veterans Affairs. The license plates shall be re-issued only to the original holder of the license plates. The Director of the Department of Revenue and Taxation may adopt rules to implement the provisions of this Section. Except for a new or renewed registration, applications for the issuance of gold star license plates shall be processed in the order received by the Department subject to normal workflow considerations. The fee for the issuance of gold star license plates is hereby waived. (b) Eligibility for Issuance. Gold Star License Plates shall only be issued to parents, inclusive of mother, father, stepmother, stepfather, mother through adoption, father through adoption, and foster parents who stood in loco parentis, and widows and widowers of members of the armed services: (1) who lost their lives during World War I, World War II, or during any subsequent period of armed hostilities in which the United States was engaged before July 1, 1958; (2) who lost their lives after June 30, 1958: (A) while engaged in an action against an enemy of the United States; (B) while engaged in military operations involving conflict with an opposing foreign force; or 21 COL9/7/2021 16 GCA VEHICLES CH.7 VEHICLE LICENSE AND REGISTRATION (C) while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party against an opposing armed force; or (3) who lost their lives after March 28, 1973, as a result of: (A) an international terrorist attack against the United States or a foreign nation friendly to the United States, recognized as such an attack by the Secretary of Defense; or (B) military operations while serving outside the United States (including the commonwealths, territories, and possessions of the United States) as part of a peacekeeping force. SOURCE: Added by P.L. 30-062:2 (Nov. 27, 2009). Subsection (a) amended by P.L. 32-003:1 (Mar. 6, 2013), effective thirty (30) days after enactment pursuant to P.L. 32-003:2. Subsection (b) amended by P.L. 30-161:1 (July 16, 2010). § 7120.4. Firefighter License Plates. (a) The purpose of this Section is to provide license plates recognizing firefighters who reside on Guam. (b) Definition. Firefighter means any person who is currently employed as a firefighter with the government of Guam or the United States government, or any person who has retired from said service. Any person who was terminated for cause as a firefighter shall not be eligible. (c) Application. Any person who is a firefighter, as evidenced by a personnel action or other similar document, and is the registered owner or lessee of a passenger vehicle registered with the Department of Revenue and Taxation, or who makes an application for an original registration or renewal registration of any such vehicle, may apply to the Motor Vehicle Division of the Department of Revenue and Taxation for a firefighter license plate which shall be affixed to the passenger vehicle for which registration is sought in lieu of regular license plates. 22 COL9/7/2021 16 GCA VEHICLES CH.7 VEHICLE LICENSE AND REGISTRATION (d) Color and Design. A firefighter license plate shall be the same standard size and shape as a regular passenger vehicle license plate. The type and style of the firefighter license plates shall be determined by the Director of the Department of Revenue and Taxation and the Chief of the Guam Fire Department. (e) Fee. The fee for the issuance of a firefighter license plate(s) shall not exceed the fee charged for a similar license plate for the same class of vehicle, and no such fees shall be subsidized by the government. (f) Issuance. A firefighter license plate(s) shall be issued only to the registered owner or lessee of the vehicle on which they are to be displayed. Registration for a firefighter license plate(s) shall be limited to two (2) vehicles per firefighter. SOURCE: Added by P.L. 33-099:1 (Dec. 1, 2015). § 7120.5. Special Recognition Veterans License Plate. (a) The purpose of this Section is to provide a special recognition veterans license plate for active duty members and veterans of the United States Armed Forces who are recipients of a military award for: (1) acts of valor and have been awarded a Medal of Honor, Distinguished Service Cross, Navy Cross, Air Force Cross, Silver Star or the Bronze Star w/ “V” device; or (2) wounds received in combat action, and have been awarded the Purple Heart medal. Persons eligible for the special recognition veterans license plate must reside on Guam and own a motor vehicle registered to be operated on Guam’s streets and highways. (b) Application. Applications for special recognition veterans license plates shall be submitted to the Motor Vehicle Division of the Department of Revenue and Taxation, subject to the following: (1) A recipient of a military award described in Subsection (a) of this Section must provide verification of the award received by providing a Department of Defense 23 COL9/7/2021 16 GCA VEHICLES CH.7 VEHICLE LICENSE AND REGISTRATION 214 Form (DD214), and certification from the Government of Guam Veterans Affairs Office. (2) A resident of Guam who is the registered owner of a passenger vehicle currently registered with the Department of Revenue and Taxation, but desires to exchange the current license plate on the vehicle for a special recognition veterans license plate, or who makes application for an original registration or renewal registration of any such vehicle, may apply for a special recognition veterans license plate(s), which shall be affixed to the passenger vehicle for which registration is sought in lieu of regular license plates. (3) Numerical Sequence of License Plates. Forty-five (45) days after enactment, all eligible persons interested in obtaining a special recognition veterans license plate shall register with the Guam Veterans Affairs Office and provide a copy of their DD Form 214. The registration list shall be used to determine the numerical sequence of the license plate to be issued, based on the date the award was made to the recipient by the U.S. Department of Defense or equivalent federal agency. Thereafter, the numerical sequence of license plates shall be made according to the date of application. (c) Color and Design. A special recognition veterans license plate shall be the same standard size and shape as a regular passenger vehicle license plate. The type and style of the special recognition veterans license plate shall be determined by the Director of the Department of Revenue and Taxation and the Administrator of the Guam Veterans Affairs Office, in consultation with the Guam Veterans Commission. (d) Fee. The fee for the issuance of a special recognition veterans license plate shall not exceed the fee charged for a regular license plate for the same class of vehicle. (e) Issuance. A special recognition veterans license plate shall be issued only to the eligible registered owner of the vehicle on which they are to be displayed. Registration for a special recognition veterans license plate shall be limited to two 24 COL9/7/2021 16 GCA VEHICLES CH.7 VEHICLE LICENSE AND REGISTRATION (2) vehicles per recipient. However, the numerical sequence of the license plates for the second vehicle shall come from the batch that is available after the initial registration period described in Subsection (b)(3) of this Section. The fee for additional plates shall be the same as for a personalized license plate. (f) Surviving Spouse. The surviving spouse will be able to continue the use of the special recognition veterans license plates after the veteran spouse’s death, provided he/she does not remarry and remains as the surviving spouse of the eligible recipient, by submitting applicable verifying documents to the Department of Revenue and Taxation, a copy of the spouse veteran’s death certificate and paying the applicable registration fees. SOURCE: Added by P.L. 33-185:XII:23 (Sept. 10, 2016). § 7121. Same: Amateur or Citizens Radio Station Licenses. Any person holding an unexpired amateur or citizens radio station license, other than a novice license, issued by the Federal Communications Commission may, upon registering a vehicle, also apply to the Department for a special license plate, to be fixed to the vehicle, on which, in lieu of the number otherwise prescribed, shall be inscribed the official amateur or citizens radio station call letters of the applicant as assigned by the Federal Communications Commission. The applicant shall by satisfactory proof show that he is the holder of an unexpired license, and in addition to the regular registration fee, may be charged a fee not exceeding Ten Dollars ($10.00) for such license plate when issued, and whenever the vehicle or the ownership of the vehicle for which the plates is issued is changed. After the requirements for the registration of the vehicle have been complied with, the Department shall issue such plate in lieu of the regular license plate. The Department shall not issue more than one (1) special plate for any licensed amateur or citizens radio station. SOURCE: § 23319.1 enacted by P.L. 7-075 as amended by P.L. 8-105. 25 COL9/7/2021 16 GCA VEHICLES CH.7 VEHICLE LICENSE AND REGISTRATION § 7122. License Plates, Government Officials. In carrying out the issuance of license plates pursuant to the provisions of this Chapter, the Director of Revenue and Taxation shall issue special licenses bearing the following numbers to the following officials of the government of Guam for use on their privately-owned vehicles: OFFICE PLATE NUMBER Governor 1 Lieutenant Governor 1-A Speaker 2 Vice-Speaker 2-A Legislative Secretary 2-B Senators 2-C through 2-Z District Court Judge 3 Superior Court Judges 3-A through 3-Z Commissioners 4-A through 4-Z Assistant Commissioners 5-A through 5-Z The foregoing licenses shall be issued to those entitled thereto upon their assumption of the office in question, and where there is more than one person holding any of the foregoing offices, licenses shall be issued in sequence based upon their last names in alphabetical order, except in the case of Superior Court Judges who shall be issued licenses in sequence based upon their seniority. Such licenses shall be surrendered to the Department upon their removal from said office for any cause. Nothing herein contained shall be construed as authorizing the waiver of the local registration and licensing requirements for such vehicles and their respective owners nor of preventing the issuance of special government of Guam plates to the official government-owned vehicles assigned to any public officer. SOURCE: GC § 23319.2, enacted by P.L. 11-077. “Island Court” changed to Superior Court by Compiler, as authorized by P.L. 12-085. "Police Court" reference deleted as Police Court abolished; P.L. 12-085. 26 COL9/7/2021 16 GCA VEHICLES CH.7 VEHICLE LICENSE AND REGISTRATION § 7123. Personalized License Plates. (a) Purpose. The purpose of this Section is to provide revenue for the Drivers Education Fund. (b) Application. Any person who is the registered owner or lessee of a passenger vehicle, commercial vehicle or trailer registered with the Department or who makes application for an original registration or renewal registration of any such vehicle may, upon payment of the fee prescribed in § 7123(g) of this Section, apply to the Department for personalized license plates, in the manner prescribed in § 7123(f) which plates shall be affixed to the passenger vehicle, commercial vehicle or trailer for which registration is sought in lieu of the regular license plates. (c) Color and design. A personalized license plates shall be the same color and design as regular passenger vehicle, commercial vehicle or trailer license plates, and shall consist of numbers or letters, or any combination thereof not exceeding seven (7) positions provided that there are no conflicts with existing passenger, commercial, trailer, motorcycle or special license plates series or with the provisions of §§ 7121 and 7122. (d) Personalized License Plates: Defined. Personalized license plates, as used in this Section means license plates that have displayed upon them the registration number assigned to the passenger vehicle, commercial vehicle or trailer for which such registration number was issued in a combination of letters or numbers, or both, requested by the owner or lessee of the vehicle. (e) Issuance. Personalized license plates shall be issued only to the registered owner or lessee of the vehicle on which they are to be displayed. (f) Form and Date of Application: Letters and Numbers. An applicant for issuance of personalized licensed plates or renewal of such plates in the subsequent year pursuant to this Section shall file an application therefor in such form and by such date as the Department may require indicating thereon the combination of letters or numbers, or both, requested as a registration number. There shall be no duplication of registration numbers. 27 COL9/7/2021 16 GCA VEHICLES CH.7 VEHICLE LICENSE AND REGISTRATION (g) Additional Fees. In addition to the regular registration fee, the applicant shall be charged the cost of the personalized plate plus an additional Fifty Dollars ($50.00). In addition to the regular renewal fee, the applicant for a renewal of such plates shall be charged an additional fee of Twenty Dollars ($20.00). (h) Drivers Education Fund. All revenue derived from the fees provided for in §§ 7123(g) and 7123(i) shall be deposited in the Drivers Education Fund. (i) Transfer Fee. Whenever any person who has been issued personalized license plates applies to the Department for transfer of such plates to another passenger vehicle, commercial vehicle or trailer, a transfer fee of Twenty Five Dollars ($25.00) shall be charged in addition to all other appropriate fees. (j) Transfer or Surrender of Plates. When any person who has been issued personalized license plates sells, trades or otherwise releases ownership of the vehicle upon which the personalized license plates have been displayed, he shall immediately report the transfer of such plates to an acquired passenger vehicle, commercial vehicle or trailer pursuant to § 7123(i) or he shall surrender such plates to the Department forthwith. (k) Rules and Regulations. The Director may establish rules and regulations as may be necessary to carry out the purposes of this Section. SOURCE: GC § 23319.3, enacted P.L. 13-100:1. Subsection (c) amended by P.L. 18-023:03. Subsection (g) amended by P.L. 29002:V:I:38 (May 18, 2007). Subsection (i) amended by P.L. 29002:V:I:39 (May 18, 2007). NOTE: Former GC § 6319 [renumbered 5 GCA § 21120 by the Compiler] appropriates the Drivers Education Fund to the Department of Education to be expended for safe driving instruction in the public schools. § 7124. Bicycle Equipped With a Motor: Registration. The Department of Revenue and Taxation shall register and issue to the owner of a bicycle equipped with a motor a license plate. The fee for initial registration and issuance of the license plate is Twenty Dollars ($20.00). The vehicle shall be registered 28 COL9/7/2021 16 GCA VEHICLES CH.7 VEHICLE LICENSE AND REGISTRATION annually and the annual registration fee is Twenty Dollars ($20.00). SOURCE: GC § 23319.4, enacted by P.L. 14-075:4. Amended by P.L. 29-002:V:I:40 (May 18, 2007). § 7125. License Plates: Devices in Lieu of. The Department of Revenue and Taxation may issue one (1) or more stickers or other suitable devices in lieu of the license plates provided under this Title. Except for the physical differences between such stickers or devices and license plates by their nature rendering the provisions of this Title inapplicable, all provisions of this Title relating to license plates shall apply to such stickers or devices. The Department may make appropriate regulations for the use and display of such stickers or devices and shall publish a summary thereof. SOURCE: GC § 23320, enacted by P.L. 1-088. § 7126. Same. License plates issued for trailers, semi-trailers, bicycles with motor attached, pole and pipe dollies and such vehicles as are exempt from the payment of registration fees under this Title shall display suitable marks or symbols, and the registration numbers assigned to each such class of vehicles shall run in a separate numerical series, except that the registration numbers assigned to such vehicles as are exempt from the payment of registration fees may run in several separate numerical series. SOURCE: GC § 23321, enacted by P.L. 1-088. § 7127. Same: Special. A dealer or distributor owning any vehicle of a type otherwise required to be registered under this Title may operate or move such vehicle upon the highways solely for the purpose of testing, demonstrating, repairing, delivering, servicing, storing or selling such vehicle without registering it upon condition that there be displayed on the vehicle a special plate or plates issued to such owner. SOURCE: GC § 23322, enacted by P.L. 1-088. § 7128. Same: Same. 29 COL9/7/2021 16 GCA VEHICLES CH.7 VEHICLE LICENSE AND REGISTRATION (a) A dealer or distributor applying for a special dealer plate or plates shall make written application to the Department of Revenue and Taxation setting forth such information, and accompanied by such proof of his status as a bona fide dealer or distributor as may reasonably be required by the Department. (b) Upon granting any application, the Department shall issue to the applicant a certificate listing the dealer plate or plates assigned to the applicant. Dealer plate or plates shall be numbered in a separate numerical series and bear a suitable mark or symbol. Such plate or plates shall be used only for the purpose described in § 7127. (c) The Department shall also issue such plates as applied for which shall have displayed thereon the general distinguishing number assigned to the applicant. Each plate or pair of plates so issued shall also contain a number of symbol identifying the same from every other plate or pair of plates bearing a like general distinguishing number. SOURCE: GC § 23323, enacted by P.L. 1-088 as amended by P.L. 5117. § 7129. Same: Display. (a) The license plates issued for all vehicles required to be registered under this Title shall be attached to the front and rear thereof and shall not be covered with plastic or other coverings if thereby the license numbers and letters are not clearly visible. (b) Every license plate shall at all times be securely fastened to the vehicle for which it is issued so as to prevent the plate from swinging, and at a minimum distance of twelve (12) inches from the ground in a position to be clearly visible. Every license plate shall be maintained free from foreign materials and in a condition to be clearly legible. (c) Every license plate shall remain attached during the period of its validity to the vehicle for which it is issued except as otherwise permitted by law with reference to special plates issued to a dealer or distributor, and except plates issued for vehicles which are exempt from payment of registration fees, or plates which bear other distinguishing marks or symbols when such vehicles are no longer exempt from payment of registration 30 COL9/7/2021 16 GCA VEHICLES CH.7 VEHICLE LICENSE AND REGISTRATION fees, or no longer entitled to plates bearing distinguishing marks or symbols. This Subsection shall not apply to plates which the Department of Revenue and Taxation as authorized has ordered to be surrendered, transferred to another vehicle or removed. (d) The Director of Public Safety shall take possession of any vehicle which has a license plate or special plate attached thereto, which license plate or special plate was not issued for such vehicle. Such license plate or special plate, unless shown to have been stolen, shall be revoked by the Director of Revenue and Taxation. The vehicle shall be returned to its owner after the payment of all fees and penalties provided by this Title and the cost of taking into possession and storage of the vehicle. Such vehicle shall be subject to sale in the same manner and subject to the same conditions as provided § 3606(c) of this Title. (e) Notwithstanding Subsection (c) of this Section, the Director of Revenue and Taxation may authorize the surrender of a license plate for purposes of re-issue for another vehicle registered under this Title upon payment of a fee One Dollar ($1.00). SOURCE: GC § 23324, enacted by P.L. 1-088 as amended by P.L. 4-97. Subsection (a) is amended by P.L. 21-93:1. NOTE: The reference to § 23131(c) in the Government Code appears to have been in error, as that section deals with parking for disabled persons. Former Government Code section 23151(c), now 16 GCA § 3606(c), sets forth procedures for the sale of abandoned vehicles and appears to be the intended reference. § 7130. Registration: Expiration. (a) Every vehicle registration under this Title and every registration card issued shall be renewed annually. Upon payment of proper fees, the Department of Revenue and Taxation may renew the registration of vehicles. (b) A portion of all registered vehicles shall be required to be registered each calendar month and such registration shall expire at midnight on the last day of that month. (1) The required date of registration for each owner of a vehicle is to be established by the Director of the 31 COL9/7/2021 16 GCA VEHICLES CH.7 VEHICLE LICENSE AND REGISTRATION Department of Revenue and Taxation in such a manner that a staggered renewal procedure is adopted for the Territory. (2) The Director of the Department of Revenue and Taxation shall publicize by all media means available and especially newspaper, radio, television and government bulletin boards, the regulations setting forth procedures promulgated by him in accordance with the Administrative Adjudication Act to effect a staggered vehicle registration at least sixty (60) days prior to implementation of the new registration period. (3) The Director of the Department of Revenue and Taxation, for the sole purpose of making a transition to the staggered renewal schedule, shall, notwithstanding other sections of this Code, develop a registration fee schedule which will permit a short-term registration of less than twelve (12) months, followed by a registration of twelve (12) months duration or provide an option to pay a fee for a single registration in excess of twelve (12) months but not to exceed twenty-four (24) months. SOURCE: GC § 23325, enacted by P.L. 1-088 as repealed and reenacted by P.L. 14-092:2. 2018 NOTE: Subsection/subitem designations altered/added pursuant to 1 GCA § 1606. § 7131. Certificate: Duration. Certificate of ownership shall not be renewed annually but shall remain valid until suspended, revoked or canceled by the Department of Revenue and Taxation for cause or upon a transfer of any interest shown therein. SOURCE: GC § 23326, enacted by P.L. 1-088. § 7132. Registration: Renewal. An owner applying for renewal of vehicle registration shall make application to the Department of Revenue and Taxation during the month in which his registration expires by presenting the registration card issued by the department for use at the time of renewal and by payment of the full annual fee for such vehicle as provided in this Title. The Department of Revenue and 32 COL9/7/2021 16 GCA VEHICLES CH.7 VEHICLE LICENSE AND REGISTRATION Taxation may, in addition, require a written application for renewal, verified under oath, setting forth information required pursuant to § 23304 of this Code for a new vehicle registration and such additional information as may be required by the department. SOURCE: GC § 23327, enacted by P.L. 1-088, repealed and reenacted by P.L. 14-092:3 and as amended by P.L. 15-111:2. § 7133. Registration: Mail Order Notification. (a) The Department of Revenue and Taxation shall initiate a Mail Order Vehicle Registration Notification Program, which shall consist of notification annually to all vehicle owners of Guam of the time an owner shall register and license his vehicle as provided in this Title. (1) The notification issued by the Department of Revenue and Taxation shall include a breakdown of all charges to be paid by the owner. Such registration notification form shall have all fees totaled, except that a subtotal shall be listed prior to the cost of mailing being listed and the final total. (2) Vehicle owners are required to promptly pay the final total listed by mailing the payment to the Department of Revenue and Taxation or personally making payment to the Treasurer of Guam. (3) The cost of mailing shall be Six Dollars ($6.00) for license plates, Three Dollars ($3.00) for decals and Three Dollars ($3.00) for the mailing of the vehicle registration and any other form, title decal or device provided for in this Act, except that the Department of Revenue and Taxation may adjust the mailing costs to provide for additional fees the U.S. Postal Service may charge. (b) Failure by an owner of a vehicle to receive registration notification as provided for in this Title shall not in any manner relieve that person from the obligation of proper and timely registration and licensing and such person shall be subject to any penalties prescribed by this Title. SOURCE: GC § 23328, enacted by P.L. 15-111:1. Amended by P.L. 29002:V:I:41 (May 18, 2007). 33 COL9/7/2021 16 GCA VEHICLES CH.7 VEHICLE LICENSE AND REGISTRATION 2018 NOTE: Subsection/subitem designations added pursuant to 1 GCA § 1606. § 7134. Payment of Registration Fees and License Plates. Payments for registration fees and license plates may be made by the applicant's personal or company check or U.S. Postal Service Money Order which shall be made payable to the Treasurer of Guam and may be mailed to the Department of Revenue and Taxation or may be paid in cash to the Treasurer of Guam. SOURCE: GC § 23328.1, enacted by P.L. 15-111:1. § 7135. License Plates: Renewal. (a) Every license plate and special plate issued under this Title expires at midnight on the last day of the month in which the registration expires each year. Upon application to the Department of Revenue and Taxation and payment of the fee provided in this Title, the person to whom any such plate was issued may obtain a new plate or device indicating registration for the coming year. (b) Every application for the renewal of a license may be made during the month the registration expires but shall be made by midnight of the last day of the month in which the registration expires. SOURCE: GC § 23329, enacted by P.L. 1-088; (a) and (b) repealed and reenacted by P.L. 14-092:4; (b) as amended by P.L. 15-111:3. § 7136. Government Vehicles. The registration requirements of this Title apply to every vehicle owned by the government of Guam, except in the following particulars: (a) A license plate issued for any such vehicle while publicly owned need not display the year number for which it is issued, but shall display a distinguishing symbol, word or letter. (b) The registration of any such vehicle and the registration card issued therefor shall not be renewed annually but shall remain valid until the certificate of 34 COL9/7/2021 16 GCA VEHICLES CH.7 VEHICLE LICENSE AND REGISTRATION ownership for such vehicle is suspended, revoked or canceled by the Department of Revenue and Taxation for cause or upon transfer of any interest in such certificate of ownership. Upon any change in ownership the vehicle shall be re-registered in accordance with the provisions of this Title relating to any vehicle privately owned and the special license plates theretofore issued for such vehicle while publicly owned shall be surrendered to the Department. (c) The Department of Revenue and Taxation may suspend, cancel, revoke or renew any permanent registration made under this Section when the Department determines that it is advisable to re-issue any such registration. SOURCE: GC § 23330, enacted by P.L. 1-088. § 7137. Registration: Renewal. Upon renewing registrations of vehicles, the Department of Revenue and Taxation shall issue new registration cards and plates or as an alternative, provide for validation and continued use of existing registration cards and license plates. (a) In lieu of issuing a new registration card the Department may endorse or authorize the endorsement of a receipt of validation upon payment of the required fees, such receipt of validation to be stamped upon the registration card last issued for such vehicle during the preceding registration year or upon a potential registration card issued near the close of the preceding registration year, which registration card so endorsed or validated shall constitute the registration card for the ensuing registration year. (b) In lieu of issuing a new license plate or plates, the Department may issue a symbol or other device indicating the year number for which issued, which symbol or device shall be attached to the license plate or plates issued for such vehicle for the preceding calendar year and when so attached the license plates with such symbols or devices shall, for the purposes of this Title, be deemed to be the license plate or plates for the ensuing registration year. 35 COL9/7/2021 16 GCA VEHICLES CH.7 VEHICLE LICENSE AND REGISTRATION SOURCE: GC § 23331, enacted by P.L. 1-088. 2018 NOTE: Subsection designations added pursuant to 1 GCA § 1606. § 7138. Same: Avoidance of Penalties. Whenever by reason of the theft of a vehicle, the owner or legal owner is not in possession of such vehicle at the time penalties accrue for failure to obtain annual renewal of registration, the owner or legal owner may secure the reregistration of such vehicle within thirty (30) days after its recovery upon filing an affidavit setting forth the circumstances of the theft, if the theft has been reported to the Department of Revenue and Taxation, without payment of any of the following: (a) Penalty for delinquent payment of registration fee. (b) Penalty for delinquent payment of the license fee. SOURCE: GC § 23332, enacted by P.L. 1-088. § 7139. Same: Loss, Theft, etc.. (a) In the event any registration card or license plate is stolen, lost, mutilated or illegible, the owner of the vehicle for which the same was issued as shown by the records of the Department of Revenue and Taxation, shall immediately make application for and may, upon furnishing information satisfactory to the Department, obtain a duplicate of, or a substitute for a new registration under a new registration number, as determined to be most advisable by the Department. (b) In the event both license plates have been lost by, or stolen from the registered owner, he shall immediately notify the Department of Public Safety, and he shall immediately apply to the Department of Revenue and Taxation for new plates in lieu of the plates lost or stolen. In every proper case, except in the case of plates which are exempted from fees, the Department shall issue a pair of license plates of a definite number and assign such registration number to the vehicle for which such plates are issued. (c) In the event any certificate of ownership is stolen, lost, mutilated or illegible, the legal owner or, if none, then the owner of the vehicle for which the certificate was issued as shown by 36 COL9/7/2021 16 GCA VEHICLES CH.7 VEHICLE LICENSE AND REGISTRATION the records of the Department shall immediately make application for and may, upon furnishing information satisfactory to the Department, obtain a duplicate. SOURCE: GC § 23333, enacted by P.L. 1-088. § 7140. Same: Theft of Vehicle. Upon receiving a report of a stolen vehicle, the Department of Revenue and Taxation shall file and appropriately index the same and shall immediately suspend the registration of the vehicle so reported, and shall not transfer the registration of vehicle until such time as it is notified in writing that such vehicle has been recovered. SOURCE: GC § 23334, enacted by P.L. 1-088. § 7141. Identification Number Required. No person shall drive, move, or use, nor shall any owner knowingly permit to be driven, moved, or used, upon a highway a vehicle which does not bear either a motor number or other identifying number assigned by the manufacturer, or distinguishing motor number or other special identifying number assigned pursuant to § 7142. SOURCE: GC § 23334, enacted by P.L. 4-034. § 7142. Assignment of Motor Number or Special Identifying Number. The Department of Revenue and Taxation shall assign a distinguishing motor number to the motor in a motor vehicle or a special identifying number to a vehicle whenever the motor or other identifying number thereon is destroyed or obliterated. (a) A special identifying number shall also be assigned to any vehicle subject to registration under this Title, and which has no identifying number. (b) Any vehicle to which a distinguishing motor number or other special identifying number is assigned shall be registered under the number so assigned when registration of the vehicle is required. 37 COL9/7/2021 16 GCA VEHICLES CH.7 VEHICLE LICENSE AND REGISTRATION (1) No vehicle to which a distinguishing motor number or other special identifying number has been assigned shall be registered unless it bears such number. (2) No person shall drive, move, or use, nor shall any owner knowingly permit to be driven, moved, or used, upon a highway any vehicle to which a distinguishing motor number or other special identifying number has been assigned unless it bears such number. SOURCE: GC § 23335, enacted by P.L. 1-088 amended by P.L. 4-034. 2018 NOTE: Subsection/subitem designations added pursuant to 1 GCA § 1606. § 7143. Regulations: Authority. The Director of Revenue and Taxation may adopt and enforce such registration regulations as are necessary and compatible with the public interest with respect to the substitution of one motor in place of another in a motor vehicle. SOURCE: GC § 23336, enacted by P.L. 1-088. § 7144. Transfer. Upon a transfer of the title of any interest of the legal owner or owners in or to a vehicle registered under this Title, the person whose title or interest is to be transferred shall write his signature and write the date of transfer after his signature, and the transferee shall write his signature and address in the appropriate spaces provided upon the reverse side of the certificate of ownership issued for such vehicle. SOURCE: GC § 23337, enacted by P.L. 1-088 as amended by P.L. 4094. NOTE: Bordallo v. Mobley (1963) 323 F.2d 214. § 7145. Same. A person shall not fail, neglect or refuse to endorse and deliver the certificate of ownership to a transferee who is lawfully entitled to a transfer of registration. SOURCE: GC § 23338, enacted by P.L. 1-088. 38 COL9/7/2021 16 GCA VEHICLES CH.7 VEHICLE LICENSE AND REGISTRATION § 7146. Transfer of Registration. (a) Registration expires on transfer by owner. Whenever the owner of a registered vehicle transfers or assigns his title, or interest thereto, the registration of such vehicle shall expire. The owner shall remove the registration plates therefrom and forward the same to the Department of Revenue and Taxation, or may have such plates and the registration number thereon assigned to another vehicle as provided in § 7129(e). (b) New owner must secure new registration. The transferee may operate and permit the operation of such vehicle upon a highway for ten (10) days after the transfer of such vehicle without the registration thereof and shall within ten (10) days after the transfer of such vehicle apply for and obtain the registration thereof, as upon an original registration, except as otherwise provided in (c) or (d) below, and except that no registration fee other than a Five Dollars ($5.00) charge for the cost of new plates and new registration certificates, shall be imposed for such registration. (c) Transfers to dealers. When the transferee of a vehicle is a dealer who holds the same for resale and lawfully operates the same under dealer's number plates or when the transferee does not drive such vehicle or permit it to be driven upon the highways, such transferee shall not be required to obtain a new registration of such vehicle. (d) Transfer by operation of law. Whenever the title or interest of an owner in or to a registered vehicle shall pass to another otherwise than by voluntary transfer, the registration shall expire and the vehicle shall not be operated upon the highways unless and until the person entitled to possession of such vehicle shall apply for and obtain the registration thereof. SOURCE: GC § 23339, enacted by P.L. 1-088 as amended by P.L. 7-014 and P.L. 8-050. Subsection (b) amended by P.L. 29-002:V:I:42 (May 18, 2007). NOTE: In Subsection (d), the word "registration" was substituted for "resignation," which was an apparent typographical error in the Code. § 7147. Same: Re-registration. 39 COL9/7/2021 16 GCA VEHICLES CH.7 VEHICLE LICENSE AND REGISTRATION (a) Upon receipt of a properly endorsed certificate of ownership and the proper registration card, and upon receipt of the required transfer tax, the Department of Revenue and Taxation shall re-register the vehicle under its registration number in the name of the new owner, and new legal owner if any, and shall issue a new registration card and certificate of ownership as provided upon an original registration. (b) Before transferring the registration of a vehicle, the Department shall check the certificate or application for such transfer against the stolen vehicle index maintained as provided in this Title and determine therefrom that it is not a stolen vehicle. SOURCE: § 23340 GC, enacted by P.L. 1-088. NOTE: See Bordallo v. Mobley (1963), 323 F.2d 214. § 7148. Same: Certificate Lost, etc. Whenever application is made to the Department of Revenue and Taxation for a transfer or registration of a vehicle to a new owner or legal owner and the applicant is unable to present the certificate of ownership or registration card issued for such a vehicle by reason of the same being lost or otherwise not available, the Department may receive such application and examine into the circumstances of the case and may require the filing of affidavits or other information, and when the Department is satisfied that the applicant is entitled to a transfer of registration, the Department may transfer the registration of such vehicle, or re-register such vehicle under a new registration number, and issue a new certificate of ownership and registration card to the person or persons found to be entitled thereto. SOURCE: § 23341 GC, enacted by P.L. 1-088. § 7149. Same: New Certificate. (a) A legal owner may assign his title or interest in or to a vehicle registered under this Title to a person other than the owner without the consent of and without affecting the interest of such owner. Upon receiving a certificate of ownership endorsed by the legal owner and the transferee of legal ownership accompanied by the registration card, the Department 40 COL9/7/2021 16 GCA VEHICLES CH.7 VEHICLE LICENSE AND REGISTRATION of Revenue and Taxation shall accordingly transfer the legal ownership and shall issue a new certificate of ownership to the new legal owner, and a new registration card to the owner. (b) Upon receiving such new registration card, the owner immediately shall sign the same and place it in the vehicle to which it refers. SOURCE: GC § 23342, enacted by P.L. 1-088. § 7150. Same: Same. Whenever the title or interest of any owner or legal owner in or to a vehicle registered under this Title passes to another otherwise than by voluntary transfer, the new owner or legal owner may obtain a transfer of registration upon application therefor, and upon presentation of the last certificate of ownership and registration card issued for such vehicle, if available, and such instruments or documents of authority or certified copies thereof as may be required by the Department of Revenue and Taxation, or required by law, to evidence or effect a transfer of title or interest in or to chattels in such case. When satisfied of genuineness and regularity of such transfer the Department shall give notice by mail to the owner and legal owner of such vehicle as shown by the records of the Department, and five (5) days after the giving of such notice, if still satisfied of the genuineness and regularity of such transfer, shall transfer the registration of the vehicle accordingly. Provided, however, that in cases of involuntary transfer arising upon repossession or on behalf of the vendor under a conditional contract of sale, an affidavit setting forth the fact and date of execution of the conditional sales contract, the fact and date of default thereunder by the conditional vendee, and the fact and date of repossession of such vehicle under authority of the conditional sales contract shall be sufficient to evidence or effect a transfer of title or interest in or to the vehicle. SOURCE: GC § 23343, enacted by P.L. 1-088 as amended by P.L. 4097. § 7151. Chattel Mortgage: Validity. A chattel mortgage on any vehicle registered under this Title, irrespective of whether such registration was effected prior 41 COL9/7/2021 16 GCA VEHICLES CH.7 VEHICLE LICENSE AND REGISTRATION or subsequent to the execution of such mortgage, is not valid as against creditors or subsequent purchasers or encumbrances until the mortgagee or his successor or assignee has deposited with the Department of Revenue and Taxation a copy of such mortgage with an attached certificate of a Notary Public stating that the same is true and correct copy of the original, accompanied by a properly endorsed certificate of ownership to the vehicle described in the mortgage if the vehicle is then registered under this Title, or if the vehicle is not so registered, by application in usual form for an original registration, together with an application for registration as legal owner, and upon payment of the fees as provided in this Title. The Department in accepting the mortgage for deposit, or in registering the mortgagee, his successor or assignee as legal owner, shall not be required to examine the mortgage or determine the genuineness, regularity or legal sufficiency thereof. SOURCE: GC § 23344, enacted by P.L. 1-088. § 7152. Same: Notice. When the chattel mortgagee, his successor or assignee, has deposited with the Department a copy of the chattel mortgage as provided in this Title, such deposit constitutes constructive notice of the mortgage and its contents to creditors and subsequent purchasers or encumbrances. SOURCE: GC § 23345, enacted by P.L. 1-088. § 7153. Same: Registered. Upon the deposit of any such chattel mortgage and application for registration, and upon the payment of the fees as provided in this Title, the Department of Revenue and Taxation shall register the mortgagee, his successor or assignee as legal owner in the manner provided for the registration of motor vehicles under the provisions of this Title. The Director of Revenue and Taxation shall charge a recordation fee of Ten Dollars ($10.00). Upon notice from the mortgagee, his successor or his assignee, as lien holder, that the lien has been paid in full, the Department of Revenue and Taxation shall record the lien release as part of the registration process. For this service, the 42 COL9/7/2021 16 GCA VEHICLES CH.7 VEHICLE LICENSE AND REGISTRATION Director of Revenue and Taxation shall charge a lien release fee of Five Dollars ($5.00). SOURCE: GC § 23346, enacted by P.L. 1-088. Amended by P.L. 29002:V:I:53 (May 18, 2007). § 7154. Registration: Suspended, Canceled, Revoked. The Department of Revenue and Taxation may suspend, cancel, or revoke the registration of a vehicle or a certificate of ownership, registration card or license plate or other permit in any of the following events: (a) When the Department is satisfied that such registration or that such certificate, card, plate or permit was fraudulently obtained or erroneously issued. (b) When the Department determines that a registered vehicle is mechanically unfit or unsafe to be operated or moved upon the highway. (c) When a registered vehicle has been dismantled or wrecked. (d) When the Department determines that the required fee or transfer tax has not been paid and the same is not paid upon reasonable notice and demand. (e) When a registration card, license plate or permit is knowingly displayed upon a vehicle other than the one for which issued. (f) When the registration could have been refused when last issued or renewed. (g) When the Department determines that the owner or legal owner has committed any offense under this Title involving the registration or the certificate, card, plate or permit to be suspended, canceled or revoked. (h) When the Department is so authorized under any other provision of law. SOURCE: GC § 23347, enacted by P.L. 1-088. 43 COL9/7/2021 16 GCA VEHICLES CH.7 VEHICLE LICENSE AND REGISTRATION § 7155. Same: Same: Special Plates. (a) The Department of Revenue and Taxation after notice and hearing may suspend, revoke or refuse to renew a certificate or the special plates issued to a dealer or distributor upon determining that any such person is not lawfully entitled thereto, has made or knowingly or negligently permitted any illegal use of such plate, has committed fraud in the registration of vehicle, has failed to give notices of transfer when and as required by this Title, or has failed to deliver to a transferee lawfully entitled thereto a properly endorsed certificate of ownership. (b) The Department may, pending a hearing, temporarily suspend or refuse to renew those certificates or special plates issued to a dealer or distributor for a period not to exceed thirty (30) days, if the Director of Revenue and Taxation finds that such action is required in the public interest. In any such case a hearing shall be held and the decision thereon issued within thirty (30) days after notice of the temporary suspension. (c) Every hearing provided for in this Section shall be conducted pursuant to the provisions of the Administrative Adjudication Law. SOURCE: GC § 23348, enacted by P.L. 1-088. § 7156. Hearing. (a) Upon refusal of the Department of Revenue and Taxation to issue a certificate or special plates to a dealer or distributor, the applicant shall be entitled to demand in writing a hearing before the Director of Revenue and Taxation or his representative within sixty (60) days after notice of refusal. (b) The hearing shall be conducted pursuant to the Administrative Adjudication Law. SOURCE: GC § 23349, enacted by P.L. 1-088. § 7157. Return of Plates or Certificate. Whenever the Department of Revenue and Taxation, as authorized under this Code, cancels, suspends or revokes the registration of a vehicle or a certificate of ownership, registration card or license plate or plates, or the certificate of a dealer or 44 COL9/7/2021 16 GCA VEHICLES CH.7 VEHICLE LICENSE AND REGISTRATION distributor, or other permit, the owner or person in possession shall immediately return the documents, plates, certificate or other evidence of registration so canceled, suspended or revoked to the Department. SOURCE: GC § 23350, enacted by P.L. 1-088. § 7158. Transportation of Persons for Hire: Insurance Required. No vehicle shall be operated upon the highways of the territory of Guam for the transportation of persons for hire unless such vehicle is insured under general or public liability policy of insurance issued by a qualified insurance company for a minimum coverage of Ten Thousand Dollars ($10,000.00) to Twenty Thousand Dollars ($20,000.00) for personal injury and Five Thousand Dollars ($5,000.00) property damage. The owner of any vehicle operated or used for the transportation of persons for hire shall be held responsible for compliance with this Section. SOURCE: GC § 23352, enacted by P.L. 1-088 as amended by P.L. 4007. § 7159. License and Registration Fee. Except in the case of vehicles expressly exempted under this Title, an annual license and registration fee is imposed for the registration of and for the privilege of operating upon the public highways in Guam any vehicle which is subject to registration under this Title. SOURCE: GC § 23353, enacted by P.L. 1-088 as amended by P.L. 4007. § 7160. Same: Amount. (a) The amount of the annual license and registration fee shall be determined by the gross weight of the vehicle in accordance with the following table: Gross Weight of Vehicle in Pounds License and Registration Fees Under 1000 1,000 to 1,499 $20.00 $22.00 45 COL9/7/2021 16 GCA VEHICLES CH.7 VEHICLE LICENSE AND REGISTRATION 1,500 to 1,999 2,000 to 2,499 2,500 to 2,999 3,000 to 3,499 3,500 to 3,999 4,000 to 4,499 4,500 to 4,999 5,000 to 5,499 5,500 to 5,999 6,000 to 6,499 6,500 to 6,999 7,000 to 7,499 7,500 to 7,999 8,000 and Over $24.00 $26.00 $28.00 $30.00 $32.00 $34.00 $36.00 $38.00 $40.00 $42.00 $44.00 $56.00 $58.00 $58.00 plus Three Dollars and Fifty Cents ($3.50) for each five hundred (500) pounds or fraction thereof in excess of seven thousand nine hundred ninety-nine (7,999) pounds, provided that in computing fees, the above table shall be applied on a percentage based according to the model year of the vehicle with respect to vehicles whose gross weight is not in excess of seven thousand nine hundred ninety-nine (7,999) pounds, as follows: Model Year Percent of Fee as Shown on Table 1949 and earlier 1950 through 1953 1954 and subsequent 50% 75% 100% (b) Vehicles having a gross weight of one hundred forty thousand (140,000) pounds or more, and which are used temporarily or intermittently, may be issued a permit, in lieu of the annual license and registration, for a period not to exceed thirty (30) consecutive days or any portion thereof and shall be charged Two Hundred Dollars ($200.00). (c) In lieu of all other license and registration fees, implements of husbandry and road building and construction equipment other than motor trucks, trailers, semi-trailers, and 46 COL9/7/2021 16 GCA VEHICLES CH.7 VEHICLE LICENSE AND REGISTRATION pole or pipe dollies, operated on highways only in moving from one site to another, shall be subject to annual registration. (1) The fee for such registration shall be Five Dollars ($5.00) for each one thousand (1,000) pounds of gross weight of said vehicles. (2) The fees prescribed by this Subsection shall be subject to proration under 16 GCA § 7167. (d) For the initial registration of the motor vehicle in accordance with this Section, the registrant shall pay an additional fee of Eighteen Dollars ($18.00) for the costs of license plates and tags. (e) (1) The annual license and registration fee in § 7160(a) shall be waived upon the initial issuance and the subsequent renewal of the vehicle license and registration for: (A) any Veteran determined by the U.S. Department of Veterans Affairs (USDVA) to be 100% Disabled or Individually Unemployable due to military service connected injuries; and (B) the spouse, legal guardian, or surviving spouse, as defined in § 67101 of Chapter 67, Title 10, Guam Code Annotated, and as authorized by § 4B101 of Article 1B of Chapter 4, Title 4, Guam Code Annotated, and to Gold Star parents who are eligible pursuant to § 7120.3(b) of this Chapter. (i) Eligible persons in Subsections (A) or (B) shall verify their status with a military identification card, to include the DD Form 2, DD Form 1173, DD Form 2765, or other accepted forms used to verify eligibility status and certified by the government of Guam Office of Veterans Affairs (OVA). (ii) The eligibility period for persons in Subsection (B) shall be consistent with §§ 4B103, 4B104, or 4B105 of Article 1B of Chapter 4, Title 4, Guam Code Annotated, and the eligibility 47 COL9/7/2021 16 GCA VEHICLES CH.7 VEHICLE LICENSE AND REGISTRATION period for Gold Star parents shall be the same as the eligibility period for a surviving spouse. (C) The recipients of at least one of the following military awards: the Medal of Honor, the Distinguished Service Cross (U.S. Army), the Navy Cross (U.S. Navy and Marine Corps), the Coast Guard Cross (U.S. Coast Guard), the Silver Star, the Bronze Star with “V” Device, or the Purple Heart Medal. (2) The fee shall be waived for one (1) noncommercial passenger vehicle, which includes sedans, coupes, pick-up trucks, motorcycles, and station wagons manufactured primarily for the purpose of carrying passengers, and including those passenger cars pulling other light trailers, registered to the Veteran, or eligible persons applying for benefits under this Section. (3) A document issued by the USDVA or a U.S. military ID card which certifies the disability rating, must be furnished to the Department of Revenue and Taxation in order to waive the annual Motor Vehicle License and Registration Assessment. (f) A “motorized utility vehicle” may operate in accordance with, and in furtherance of, legitimate Mayoral duties. (1) Mayors, Vice-Mayors, and/or their respective staff may operate motorized utility vehicles, such as mules, gators, golf carts, and riding mowers on non-routed public roadways, so long as said vehicles are permanently marked with the Mayor’s official logo of that municipality, where (A) passage on the shoulder of a roadway is impossible or otherwise unsafe, and (B) the operator of said vehicle is engaged in the performance of Mayoral duties as prescribed by Title 5 GCA § 40101 et seq., and is otherwise acting in accordance with Guam law; provided, that the motorized utility vehicle may operate on routed 48 COL9/7/2021 16 GCA VEHICLES CH.7 VEHICLE LICENSE AND REGISTRATION roadways for the purpose of crossing to get from one non-routed roadway to another. (2) For the purposes of this Subsection, a “motorized utility vehicle” is any motorized vehicle primarily manufactured for off-roadway use, which is sixty-three inches (63”) or less in width, has an unladen dry weight of one thousand eight hundred fifty pounds (1,850 lbs) or less, travels on less than six (6) wheels, and can travel up to maximum speeds of 20 miles per hour. (3) The registration fee of subject utility vehicles, that are the property of the Mayoral offices, shall be waived. SOURCE: GC § 23354, enacted by P.L. 1-088 as amended by P.L. 4-007 and 4-097. Subsection (c) as amended by P.L. 15-011:4. Amended by P.L. 29-002:V:I:44 (May 18, 2007). Subsection (e) added by P.L. 30144:2 (May 17, 2010), effective, Apr. 1, 2010, pursuant to P.L. 30-144:6; amended by P.L. 31-177:3 (Feb. 3, 2012), and P.L. 33-096:3 (Nov. 9, 2015). Subsection (f) added by P.L. 32-102:2 (Nov. 28, 2013). 2018 NOTE: Subsection/subitem designations altered/added pursuant to 1 GCA § 1606. § 7161. Street Light Fund. (a) There is established within the Treasury of Guam a fund to be known as the Street Light Fund, which shall be maintained separate and apart from any other funds, including the General Fund of the Government and independent records and accounts shall be maintained in connection therewith. (1) Money in the Street Light Fund shall be used to pay for the installation and operation of public street lights. (2) All revenues deposited in the Fund are reserved for use by the Guam Power Authority for payment for operation and installation of public street lights. (b) In addition to all other fees imposed by law, an additional Twenty-Five Dollars ($25.00) annual fee is imposed upon any vehicle subject to registration under this Title which shall be deposited in the Treasury of Guam to the credit of the Street Light Fund. This fee shall be collected at the same time and in the same manner as the annual license and registration fee provided for in this Title. 49 COL9/7/2021 16 GCA VEHICLES CH.7 VEHICLE LICENSE AND REGISTRATION (c) Effective April 1, 2004, the fee established in the preceding subsection shall be amended and increased by Fifteen Dollars ($15.00), to be adjusted to a total of Forty Dollars ($40.00), with the proceeds to be deposited in said Fund. (d) Effective January 1, 2005, the fee established in the preceding subsections (b) and (c) shall be adjusted to a total of Thirty-Six Dollars ($36.00), with the proceeds to be deposited in said Fund. (e) No funds from the Street Light Fund may be expended or encumbered without an appropriation by I Liheslaturan Guåhan. (f) The Street Light Fund Fee in this Section shall be waived upon initial issuance and subsequent renewal of vehicle license and registration for any Veteran determined by the U.S. Department of Veterans Affairs (USDVA) to be 100% Disabled or Individually Unemployable due to military service connected injuries. (1) The fee shall be waived for one (1) non-commercial passenger vehicle, which includes sedans, coupes, pick-up trucks, motorcycles and station wagons manufactured primarily for the purpose of carrying passengers, and including those passenger cars pulling other light trailers, registered to the Veteran, or legal guardian applying for benefits under this Section. (2) A document issued by the USDVA or a U.S. military ID card, which certifies the disability rating, must be furnished to the Department of Revenue and Taxation in order to waive the annual Street Light Fund Fee. SOURCE: GC § 23354.1, enacted by P.L. 9-042; amended by P.L. 14049:1, P.L. 17-026:46. Subsection (b) amended and Subsection (c) added by P.L. 27-005:IV:3,4. Amended by P.L. 27-038:3. Subsection (a) amended and Subsection (e) added by P.L. 27-106:VI:16. Subsection (f) added by P.L. 30-144:3 (May 17, 2010), effective, Apr. 1, 2010, pursuant to P.L. 30-144:6. Subsection (f) amended by P.L. 31-177:4 (Feb. 3, 2012). 2018 NOTE: Subitem designations added in subsection (f) pursuant to 1 GCA § 1606. 50 COL9/7/2021 16 GCA VEHICLES CH.7 VEHICLE LICENSE AND REGISTRATION § 7162. Gross Weight Defined: How Determined. Upon application for registration or renewal of registration of any vehicle subject to registration under this Title, the Director of Revenue and Taxation or his designated representative shall determine the gross weight of such vehicle. For the purpose of determining license and registration fees, gross weight of non-commercial vehicles and of truck-tractors (used for pulling semi-trailers) means the total weight of the vehicle including all attachments, accessories, and additions thereto. Gross weight of commercial vehicles means the total weight of the vehicles including all attachments, accessories, and additions thereto plus the carrying capacity. In determining gross weights the Director of Revenue and Taxation may be guided by the manufacturer's shipping weight and carrying capacity and may use such other information and means as are expedient for the purpose. SOURCE: GC § 23355, enacted by P.L. 1-088 as amended by P.L. 4007. § 7163. Gross Weight Classification Tables: Director of Revenue and Taxation May Compile. The Director of Revenue and Taxation is authorized to compile or have compiled tables of the gross weights as defined in § 7162 of this Chapter, of vehicles classified according to make, model, and year of manufacture. He may compile or have compiled tables of the weights of vehicles without attachments, accessories, or additions, and he may compile or have compiled tables showing the weights of attachments, accessories, and additions. Such tables may be used in computing license and registration fees. SOURCE: GC § 23356, enacted by P.L. 1-088 as amended by P.L. 4007. § 7164. Statement of Applicant as to Gross Weight. Notwithstanding §§ 7162 and 7163, the Director of Revenue and Taxation, or his authorized representative, is authorized to accept, in determining the amount of the annual license and registration fees, the statement made under oath by the owner in his application for registration or renewal of registration as to 51 COL9/7/2021 16 GCA VEHICLES CH.7 VEHICLE LICENSE AND REGISTRATION gross weight. Such acceptance shall not exempt the owner from liability for the correct amount of the annual license and registration fee, together with penalties, where the gross weight is understated in the application. Upon any subsequent weighing of the vehicle, showing a gross weight in excess of the gross weight stated in the application, the owner shall be immediately liable for the payment of any deficiency in the annual license and registration fee as of the date of such registration or renewal, together with penalties. SOURCE: GC § 23356.1, enacted by P.L. 5-070. § 7165. Penalty. (a) Any owner, and any person acting on behalf of an owner, who shall submit an application for registration or renewal of registration of a vehicle, knowing that the gross weight of such vehicle is understated in such application, shall be guilty of a misdemeanor. (b) Where the Director of Revenue and Taxation, or his authorized representative, has accepted the statement as to gross weight of a vehicle made by an owner, or by any person acting on behalf of an owner, in an application for registration or renewal of registration, pursuant to § 7164, evidence that a subsequent weighing of the vehicle indicates a gross weight of the vehicle in excess of that set forth in the application shall constitute a prima facie case sufficient to warrant a conviction under Paragraph (a) of this Section. SOURCE: GC § 23356.2, enacted by P.L. 5-070, Subsection (a) as amended by P.L. 13-187:152. § 7166. Fees: When Payable. The fees imposed by this Title are payable annually at the time of application for registration or renewal of registration. SOURCE: GC § 23357, enacted by P.L. 1-088. § 7167. Same: How Prorated. When the registration of a vehicle takes place between registration periods, the license and registration fees shall be prorated one-twelfth (1/12) of the annual rate for each full month or fraction thereof remaining in the registration period. 52 COL9/7/2021 16 GCA VEHICLES CH.7 VEHICLE LICENSE AND REGISTRATION SOURCE: GC § 23358, enacted by P.L. 1-088; as repealed and reenacted by P.L. 8-105. § 7168. Same: Collection and Receipt. The Department of Revenue and Taxation shall collect all fees imposed by this Title and give to each person paying them a receipt which shall sufficiently designate and identify the vehicle upon which the fees are paid. SOURCE: GC § 23359, enacted by P.L. 1-088. § 7169. Same: Government Cars. (a) Except fees for duplicate license plates, certificates or cards, the fees specified in this Title need not be paid for any vehicle of a type subject to registration under this Title owned by any foreign government or by a consul or other official representative thereof, or by the United States, or by the government of Guam. (b) All such vehicles so exempted from the payment of registration fees shall be registered as otherwise required by this Title, by the person having custody thereof and such custodian shall display upon such vehicle a license plate or plates bearing distinguishing marks or symbols as hereinbefore specified, which plate or plates shall be furnished by the Department of Revenue and Taxation free of charge. SOURCE: GC § 23360, enacted by P.L. 1-088. § 7170. Same: Special Plates. For each special plate issued to a dealer or distributor, or renewed by a dealer or distributor, the Department of Revenue and Taxation shall collect a fee of Forty Dollars ($40.00). SOURCE: GC § 23361, enacted by P.L. 1-088 as amended by P.L. 4-7. Amended by P.L. 29-002:V:I:45 (May 18, 2007). § 7171. Same: Delinquency. (a) Whenever any vehicle is operated upon any highway of Guam without the registration and license fees having first been paid as required by this Title, such fees are delinquent. 53 COL9/7/2021 16 GCA VEHICLES CH.7 VEHICLE LICENSE AND REGISTRATION (b) If any fee becomes delinquent, a penalty shall be added thereto in the amount of twenty-five percent (25%) of the fee payable for each quarter or fraction thereof the fee is delinquent. (c) The Director of Public Safety shall take possession of any vehicle, operated on any highway, that has not been registered and a license obtained therefor under this Title. The vehicle shall be returned to its owner after the payment of all fees and penalties provided by this Title, and the cost of taking into possession and storage of the vehicle. Such vehicle shall be subject to sale in the same manner and subject to the same conditions as provided in § 3606(c) of this Title. SOURCE: GC § 23362, enacted by P.L. 1-088 as amended by P.L. 5-007 and 4-097. 2014 NOTE: In print publications of the Government Code, § 23362 included a reference to § 23131(c), codified as 16 GCA 3401. The reference to § 23131(c)appears to have been a typographical error. Section 23151(c), codified as 16 GCA § 3606(c), sets forth procedures for the sale of abandoned vehicles and appears to be the intended reference. § 7172. Same: Constitutes Lien. (a) Every fee imposed by this Title and any penalty added thereto from the date the same becomes due constitutes a lien upon the vehicle for which due. (b) The Department of Revenue and Taxation shall collect such fee and any penalty by seizure of such vehicle from the person or persons in possession thereof, if any, and by the sale of such vehicle. SOURCE: GC § 23363, enacted by P.L. 1-088. § 7173. Same: Duplicate. The fee for any duplicate certificate of ownership, registration card, equipment identification receipt, duplicate license plate, operator’s or chauffeur’s licenses, is as follows: Duplicated Documents Registration Card $10.00 Certificate of Ownership $20.00 54 COL9/7/2021 Fee 16 GCA VEHICLES CH.7 VEHICLE LICENSE AND REGISTRATION Equipment Identification Receipt $ 3.00 License Plate $15.00 Operator’s or Chauffeur’s License (regardless of three (3) or five (5) years) $25.00 Tags $ 3.00 Learner’s Permit $10.00 Intermediate License $10.00. SOURCE: GC § 23365, enacted by P.L. 1-088. Amended by P.L. 29002:V:I:46 (May 18, 2007). § 7174. Same: Refund. Whenever a license, permit or registration applied for is refused, rejected, or the fees paid are in excess of those required by this Title, the fees or overcharge paid shall be refunded to the applicant upon application therefor. The Director of Revenue and Taxation shall make and publish appropriate regulations governing the application for and refund of fees and overcharges. Refunds under this Section shall be paid out of current collections of fees under this Chapter. SOURCE: GC § 23366, enacted by P.L. 1-088, as amended by P.L. 4097. NOTE: GC § 23367, License Plates enacted by P.L. 3-100, as amended by P.L. 12-155, was repealed by P.L. 16-058:4. § 7175. Unexpired License on Junked Vehicle. Any unexpired license plate issued to a vehicle which has been salvaged or junked shall be returned to the Director of Revenue and Taxation. SOURCE: GC § 23368 enacted by P.L. 4-097. § 7176. Certification Fee. The Director of Revenue and Taxation is authorized to provide documentation at the request of the registered or legal owner of a vehicle as proof of the ownership or status of said vehicle at a fee of Ten Dollars ($10.00). SOURCE: Added by P.L. 29-002:V:I:47 (May 18, 2007). 55 COL9/7/2021 16 GCA VEHICLES CH.7 VEHICLE LICENSE AND REGISTRATION § 7177. Vehicles Owned or Operated By Hearing/Speech Impaired Individuals. The Department of Revenue and Taxation shall issue license plates or decalcomania (one (1) or the other) and/or placards to individuals with speech and/or hearing disabilities. The licenses plates, decalcomania and placards shall be easily and readily identifiable to traffic enforcement officers, day and night. The Department of Revenue and Taxation shall not charge for these services. Applicants for such license plates, decalcomania and/or placards shall provide certification, from a licensed healthcare professional, of the speech and/or hearing disability to the Department of Revenue and Taxation. The form and appearance of the license plates, decalcomania and placards shall, if available, conform to national traffic regulatory or Americans with Disabilities Act standards. SOURCE: Added by P.L. 30-099:1 (Mar. 12, 2010). § 7178. Point of Sale (POS) Registration Authorized. The Director of the Department of Revenue and Taxation shall, unless there exists legitimate reason not to, by contract, authorize any motor vehicles, motorcycles or commercial vehicles dealer licensed to do business on Guam to issue registration certificates and temporary license plates for vehicles sold by said dealer. (a) The Director may require each dealer it authorizes to issue registration certificates, and temporary license plates/decalcomania to: (1) undergo training for staff and management involved in the registration process; (2) provide a secure facility for data processing equipment and license plates; (3) post a fidelity bond to indemnify the dealer against criminal acts that may be committed by an employee in an amount not to exceed One Thousand Dollars ($1,000) per employee involved in the registration process; 56 COL9/7/2021 16 GCA VEHICLES CH.7 VEHICLE LICENSE AND REGISTRATION (4) pay all or a portion of reasonable data communications costs between the dealership office and the Department of Revenue and Taxation; and (5) require any other conditions necessary for an efficient and secure registration process. (b) All registration and licensing fees shall be retained by the government of Guam in a manner prescribed by public law. (c) Any person who attempts to use data processing equipment, license plates and decalcomania in a manner inconsistent with this Section commits a misdemeanor for the first offense, and a third degree felony for subsequent offenses. These penalties are in addition to other penalties prescribed by public law. (d) The Director of Revenue and Taxation may revoke a dealer’s authorization prior to the expiration of the contract for cause, or the dealer may voluntarily surrender its authorization. (e) The Department shall promulgate rules and regulations pursuant to the provisions of Chapter 9 of Title 5, Guam Code Annotated (Administrative Adjudication Law) for the administration of the provisions of this Section. SOURCE: Added by P.L. 32-156:1 (May 21, 2014). § 7179. Temporary Registration License Plates. (a) The Department may authorize a dealer or distributor of motor vehicles, motorcycles or commercial vehicles to issue temporary registration license plates. The Department shall require that all authorized dealers or distributors submit proof of status that the dealer or distributor is licensed to do business on Guam. (b) A dealer or distributor may issue a temporary registration license plate for a fee of not more than Ten Dollars ($10) for each plate to a purchaser of an unregistered motor vehicle or motorcycle. 57 COL9/7/2021 16 GCA VEHICLES CH.7 VEHICLE LICENSE AND REGISTRATION (c) A dealer or distributor who issues a temporary registration license plate shall mark or stamp thereon with indelible ink in letters at least three-fourths (¾) of an inch high the following information: (1) the words “Guam Temporary Registration”; (2) the dealer’s or distributor’s name; (3) the date of issuance; (4) the date of expiration; and (5) the year, make, model, and vehicle identification number (VIN), of the motor vehicle, motorcycle or commercial vehicle. The dealer or distributor shall immediately transmit this information to the Department. (d) Every dealer or distributor who issues a temporary registration license plate shall maintain at such place of business a record of the following information: (1) all temporary registration license plates issued by such dealer; (2) the date of receipt and issuance; (3) the name of the purchaser to whom the temporary registration license plate was issued; (4) the year, make, model, and vehicle identification number (VIN) of the motor vehicle, motorcycle or commercial vehicle; and (5) such other information as the Department may require. Each record shall be kept for a period of at least three (3) years from the date of entry, and shall be available for inspection by representatives of the Department during regular business hours. (e) A temporary registration license plate issued to an owner or purchaser of a vehicle in accordance with this Section shall be valid for a period of sixty (60) days from the date of issuance, or until the issuance of a permanent registration license 58 COL9/7/2021 16 GCA VEHICLES CH.7 VEHICLE LICENSE AND REGISTRATION plate, or until the cancellation or rescission of the contract of purchaser, whichever occurs first. Upon the expiration of a temporary registration license plate, the holder thereof shall immediately surrender the same. (f) The Director of the Department shall have the specific power, after hearing, to suspend the right to issue temporary registration license plates of any dealer or distributor who fails to comply with the requirements of this Section, or any other applicable rules or regulations. (g) The Department shall be responsible for the design of the temporary license plates and registration certificates. (h) The Department shall promulgate rules and regulations pursuant to the provisions of Chapter 9 of Title 5, Guam Code Annotated (Administrative Adjudication Law) for the administration of the provisions of this Section and costs related to postage, handling and supplies. All fees assessed pursuant to this Section shall be paid before the plates and registrations are mailed to the buyer and the lien holder. SOURCE: Added by P.L. 32-156:2 (May 21, 2014). ---------- 59 COL9/7/2021

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2021 Guam StatutesTitle 16 - VehiclesChapter 7 - Vehicle License and Registration

2021 Guam Statutes
Title 16 - Vehicles
Chapter 7 - Vehicle License and Registration