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ELEljENTH GUAH LEGISLATURE

1972 (SECOND) Regular Session

Guam Territorial Law Llb1'V1.141 San Ramen Rd. ''/

Agana, Guam' 96910 '

CERTIFICATION OF PASSAGE. OF AN ACT TO THE GOVERNOR

,.

T:rtisis to certify that Bill No. 550, "An Act to addChapter XVI to Title IX or the Government Code or Guam~o provide for the registration or vessels within theterritory, to promote sare boating and ror related pur­poses, and to repeal Section 396 or the Penal Code of IGUal:l,",.;ason the 19th day of Septernber, 1972, duly aiLdregularly passed.

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ATTESTED:

A-N~G. M.. BA1'1BA

Legislative Secreta~J

Tr~~A~t-W:s-r~c~i~ed by-the-G~v~~o~ this- - ll~- -d~y-of J:l ~ttJJ' , 1972 at .. J-.:3V o'clock ~.M.

VINCENT T. PEREZAttorney General of Guam

APP?"OVED:

Jl~-",~"j~r .Governor of Guam

DATED: Qrr~Jjh) dO )9.'7d-)

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.MAR 16 1986

GUAM TERRITOIUAl"

LAW LIBRARY'

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E~E\/E~'!Tr-i GU..ll_~~ LEGIS L~..~URE

1971 (?IRS~) ?-egular Ses3ion

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Bill No. 550

Introduced by-. ~ T ,.t . .::. LUJan

AN ACT TO ADD CHAPTER XVI TO TITLE IXOF THE GOIJERNe'tENTCODE OF GUAf1 TO PROIJIDEFOR THE ?.EGISTR..L\TIONOF VESSELS ~nTHINTEE TERRITORY, TO PROMOTE SAFE BOATINGAND FOR RELATED PURPOSES, .A.NDTO ?-EPEALSECTION 396 OF THE PENAL CODE OF GUAM .

BE IT EHACTED BY THE PEOPLE OF TEE TERRITORY OF GUP-J1:

Section 1. ChaDte~ XVI is hereby added to Title IX or

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I' the Gove~~ment Code of Guaillto read ~s follows:

"CEAPTER XVI

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Territorial Boating Act

Section 3995.1. Decla~ation of policy. It is the

policy of t~is ~erritory to pro~ote safety for persons

~~d properties in and connected with the use, operation,

and ecuiDment of vessels and to promote uniformity of

laws relating thereto .

Section 8995.2. Definitions. As used in this Act

unless the context clearly requires a different meaning:

(1) 'Vessel' means every description of water-

craft, other than a seaplane on the water, used

or capable of being used as a means of transportation

on Hater.

(2) 'Motorboat' means any vessel not more than

65 feet in length propelled by machinery whether or

not such machinery is the principal source or

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(3) 'Owner' means a person, other than a lien

holder, having the property in or title to a vessel.

The term includes a person entitled to the use or

possession of a vessel subject to an interest in

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~_oth2~ person reserved or created-by agreement and

3ecurl~g pa:70ent or performance of an obligation but

the term excludes a lessee under a lease: not intended

as security.

(4) 'Waters of this territory' means any waters

wi~hin The ter~itorial li~i~s of Guam, and the

marginal sea adjacent to Guam and the high seas

when navigated as a part of a journey to or from

Q the shore of Guam.

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(5) 'Person' means an individual, partnership,

firm, corporation, association, or other! legal entity.

(6) 'OD2rate' means to navigate or, othe~~ise

use a vessel .

(7) 'Operator' means the person who operates or

has charge of the navigation or use of a vessel.

(8) 'Undocumented vessel' means a vessel which

lS not required to have and does not have a valid

marlne doc~"ent issued bv the United States Coast

Guard or Federal agency successor thereto.

(9) 'Reportable boating accident' means an

accident, collision, or other casualty involving a

vessel subject to this Act which results in-loss of

life, injury su=ficient to require first aid or

w.edical attention, or actual physical damage to

property including vessels in excess of One Hundred

Dollars ($100).

(10) 'Boat livery I Deans a business Hhich holds

any vessel for renting, leasing, or chartering.

Section 8995.3. Operation of unn~~bered v~ssels

prohibited. Every vessel using the waters of this territory.­-,

shall be numbered exceDt those exempted by Section 8995.4

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of this Act. No Derson shall operate or give bermission

ror the operation of a~y such vessel on such waters unless

the vessel is numbered i~ accordance with this Act or in

accordance with aODlicable Federal Law or in accordance

with a federally approved numbering system of the United

States and unless (1) the certificate of n~~ber issued

to such vessel is on board and in full force and effect

and (2) the identifying nlli~berset forth in the certificate

of number is displayed on each side of the bow of such

vessel.

Section 8995.4. ExemDtion from numbering provlslons

of this Act. A vessel shall not be reauired to be numbered

under this Act if it is:

(1) Covered by a certificate or n~ber in full

force and effect which has been issued to it Dursuant

to Federal Law or a federally approved numbering

system of the United States Drovided that such vessel

shall not be used on the waters of this territory

for a Deriod in excess or sixty (60) consecutive

davs.

(2) From a country other than the United States,

provided that such vessel shall not be usee on the

waters of this territory for a Deriod in excess of

sixty (60) consecutive days.

(3) A vessel whose owner is the United States,

a state or a subdivision thereof, used exclusively

in the public service and which is clearly identi-

fiable as such.

(4) A vessel's lifeboat if the boat~is used

solely for lifesaving purposes. This exesptio.n does

not include dinghies, tenders, soeedboats or other

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types of c~aft car~ied aboard vessels 2~C uses ~cr

of n~~be~ has been submitted.

Section 8995.5. Identificatio~ numbe~. {a) ADoli-

'iessel

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class '·iiU.

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itItnu..rr.bering

belo!'1gs,or (3)

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nlli~De~lng or suc~the(1)

e:;.:emptfrom

G'.lestion

accompanied by a fee of Thirty Dollars

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be

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also

found that

and shall

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subject to the Fede~al Law.

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the vessel

(7) ({hen operating te::morarilv by vir-cue or

(6) Docu~ented by the United States Coas~

Guard or a Federal agency successor there-co.

not materially aid in their identificatio~ a~d (2)

(5) A vessel belonging to a class of boats

evi~ence that a recent aoolication for a certificate

an agency of the Federal governcent has a nU80e~lng

\"lhich has been e:<empted frOB nu;~be~i~g b;l "[[t2

systec applicable to the class of vessels to which

Deoartment of Public Safety af~er said ue~a~~~ent

other ~han lifesaving pu~poses.

vessel

cation. 7ne c~ner of each vessel reauired to be nlli~bered

number stating the nili~berassigned to the vessel, the

with the DeDartment or Public Safety on forms approved by

by this territory shall file ~l aoolication for nlliilber

its records and issue to the applicant a certificate of

it. The acclication shall be signed by the owners of the

mation as may be prescribed by regulation of the Department

the Deoa~tment of Public Safety shall enter the same upon

name ai1d address of the m·mer and such additional in for-

each side of the forward half of the vessel the

of Public S~fety. The owner shall paint on or attacn to

($30). U?on receipt of the application in approved fore,

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number .

or the Uni~ed StaLes s~all record t~e ~~~ber orlor ~o

a ne'_-1cert ificate of nu.r:lbershall be issued in the same

substit~te n~~ber shall be issued. This subseCTion shall

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state of princi?al use has been changed.if 1:~e

(c) Cl1ange of of,mer. Should the m.;nership of a

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excess 0::+"".0.S i:-:"t":1(50)dayperiod providedrorlrlSectio:1'-1.0.'_

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ofthisAc~.c:: 'recorda-cior..shall,upon payment....,ucn

been assigned to it pursuant to then ooerative

(b) R~cording of current number before use lD excess

be maintained i~ legi~le con~ition. ~he ce~ti~ic~te ar

(d) Conforr:lityHith Federal nUDbering sys-rerr:.The

lD order Lh~t it ~ay b~ cle~rly visiole. T~~ ~~2bcr sn~:l

Law or a federally approved n~~berins sys~em cf a s~at~

times for insDection on the vessel for whic~ issued

~~henever such vessel is in oDeratio~.

nu~be~ shall be pocket size and shall be a~/ai~able at a~l

by rules and ~ezulations of the Depart~e~t of Public Sa£~ty

idenTification nU2be~ in such a ~a~ne~ 23 8~Y b~ D~2sc~ibed

covered by a nU21Der in full force and effect :.;:-t icn.nas

be in t~e =anner orescribed by regulation of the DeDartaen-c

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of sixty (60) days. The owner of any vessel already

n~~ered vessel change, a new application for~ wiih fee

operating the vessel on the waters of this territory in

of the ree prescribed by Subsection (a) of this section,

of Public Safety provided however that no additional or

shall be filed with the Department of Public Safety and

numbering system employed pursuant to this Act by the

Department of Public Safety shall be in conform±ty with

2anner as provided for in an ori~inal assignment of

the standard numbering system established by the Secretary

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sooner terminated or discontinued in accordance ~lith the

be allotted a bloc}~ of nUl'ltOersand certificates therefor

renewed pursuants to this Act.

In a vessel numbered in this territory pursuant to this

(e) Issuing agents. The Depart~ent of Public Safety

Safety Act of 1971, 46 V.S.C., Section 1452.B""'\-~,-,d.L

(g) Registration period. Ever.y certificate of

Ci) Notice of transfer, destruction or abandonaent.

the Department of Public Safety made or kept pursuant to

Cf) NUinbering records to be public. All records of

directly by the Department of Public Safety.

this section shall be public records.

Ch) EXDiration date. The Department of Public Safety

rlze ~~y ?erson to act as agent for the issuing thereof. In

Lne CoaSL GJard lS Gp2~aLing pu~sua~t ~o the Federal

Day lssue any certificate of n~uoer directly or may a~tho-

the event that a person accepts such authorization, he 2ay

of Public Safety shall be valid as if assigned:and issued

number issued pursuant to this Act shall continue in full

,,;hichupon ass igment a.nd issue, in conforr.J.ity T,·;itn t:"1.is

of the ~eDart~ent of the United States G~vernD~nt in which

Act, ~~d ,;·;ith ar.yrules and regulations of the Depa.rtment

proVlslons of this Act. Certificates of n~~ber may be

force ~,d effect for a period of three (3) years unless

renewed by the owner in the same manner provided for In

the initial securing of the Sfu~e.

ficates of number due to expire during the calenda.r year

shall fix a day and 2. month of the year on Hhich certi-

shall lapse and no longer be of any force and effect unless

The owner shall furnish the Department of Publi~ Safety

written notice of the transfer of all or any part of his

interest other than the creation of a security interest

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1 section, or the destruction or abandoDDent of such vessel

2 within fifteen (15) days thereof. Such transfer, des~ruc-

3 tion or abandoD3ent shall terQinate the certificate of"

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number for such vessel except that in the case of a tran3fer

of a part interest which does not affect the owner's

right to operate such vessel, such transfer shall not

terminate the certificate of nlli~ber.

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(j) Change of address. Any holder of a certificate

of nQ~ber shall notify the Department of Public SafeLY

(1<) No other nUr:J.beron forward hal:. No number

cate and shall, as a Dart of such notifica~ion1 furnish

lD writing within fifteen (15) days if his address no

other than the munber validly assigned to c vessel shall

.. .(:-C0"""'~' I ,--- '----appearlng on theto the address

forward half of such vessel.

(1) Provision for regulations. The Department of

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be painted, attached, or othert-Tisedisplayed on either

longer conforms

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the DepartD.ent of Public Safety ,-Tith his ner,.,address.

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19 Public Safety shall, subject to the provisions of the

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~! Administrative Adjudication Act, promulgate regulations

21 to administer the provisions of this section related to

22 numbering applications, certificates of number, display

23 of number, reports on change of address, destruction,

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CLASS 2. 26 ft. 'or over and less than 40 ft.

of this Act shall be divided into four classes as follows:

abandonment, sale or transfer of ownership.

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In length.

CLASS A. Less than 16 ft. "in length.~

CLASS 1. 16 ft. or over and less than 26

Section 8995.6. Classification and required equipment.

(a) Classification. Motorboats subject to the provisionsi,I"

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In length.

CLASS 3. 40 ft. or over and not more than 55

ft. in length.

(b) Motor boat lights. Eve~y motorboaT in all wea~he~~

from sunset to sunrise shall carry and exhibit the

following lights when underway, and during such time no

other lights which may be mistaken for those urescribed

shall be exhibited.

( 1)Every motorboat of CLASSES A and 1 shall

carry the

following lights:

FIRST.

A bright ~.;hitelight aft to show

all around the horizon.SECOND.

A combined light in the rare Dart

of the

vessel and lower than the whitelight

aft, showing gree~ to starboard and red to

port, so fixed as to throw the light from righT

ahead to DNO points (22-1/2°) abaft ,the beam on

their respective sides.

(2) Every motorboat of CLASSES 2 and 3 shall

carry the following lights:

FIRST. A bright white light in the fore

part of the vessel as near the stem as practi-

cable, ~o constructed as to show the unbroken

light over an arc of the horizon of twenty

points (225°) or the co~pass, so fixed as to

throw the light ten points (112-1/2°) on each

side of the vessel, namely from right ahead

to two points (22-1/2°) abaft the beam on

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SECOND. A bright white light aft to shbw

all around the horizon and hi8her than the white~~r-.

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1igh t forr,iard.

THI?D. On ~he starboard 3ice a g~een

light so constructed as to show an unbraken

light over an arc of the hari30n of ~en Dcints

(112-1/2°) of the cODpass, so fixed as to

th~o~ the light fro~ right a~ead to t~10 Doints

(22-1/2°) abaft the beam cn the starboard side.

On the Dort side a red light so constructed

as to shm". allur;broken light over an arc of

the horizon of ten points (112-1/2°) of the

CO~Da~s so ;ix~d a~ ~n +n~~r' ~~o l;~ht =~omlU.~ ~, ...:. ••. _ ..=1 '-..J '- •• ..:..-...,1'.1'1 L.:.1._ -:_~J. ~~ i

right ahead to two points (22-1/2°) abafL: the

beam on the port side. The side lights shall

be fitted with inboard screens so set as to

Drevent these lights fro~ being seen across

the bO'H.

(3) MotorboaL:s of CLASSES A and 1 when propelled

by sail alone shall exhibit the combined light

prescribed ;by paragraph (1) of this subsection and a

t":""..•elve point (135°) '...lhitelight- aft. I'~otorboatsof

CLASSES 2 and 3, when so propelled, shall exhibit the

colored side lights, suitably screened as p~escribed

by paragraph (2) of this subsection and a twelve

point (135°) white light afL.

(4) Every white light prescribed by this

section shall be of such character as to be visible

at a distance of at least two (2) miles. Every colored

light prescribed by this section shall be of such

character as to be visible at a distance of at least_0

one (1) mile. The word 'visible' in this subsection,

when applied to lights, shall mean visible o~ a dark

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1 riight with clear at~osDhere.

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(5) \·jher. DroDelled by S -2.':' 1 al!.c 2aC:12..ne~"y·

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every motorboat shall carry ~he lighTS required jy

this section for a motor~oat ~roDelled bv mac~i~ery

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only.

(c) Light on manually propell ed vesseis. il2.:1ua.Ily

propelled vessels shall carry, ready aT hand, a lantern

or flashlight showing a white light which shall be'

9 exhibited in sufficient ti2e to avert collision.

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Cd) International lights. A:..I.Y vessel may carry and

exhibit the lights required by the Federal Reg~lations' for

1,..,_L Preventing Collisions at Sea, 1950, :ederal ACI or

13 September 2~, 1963 (33 USC 1051-1053) and (1051-1054) as

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~uended, in lieu of the lights required by Subsection (b)

of this section.

(e) Lights on vessels· over 55 feet and those

17 propelled solely by wind. All other vessels over 65 feet

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in length WI.C those propelled solely by wind effect on the

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sail shall display lights prescribed by Federal regulations.

Cg) Bell. Every motorboat of CLASS 2 or 3, shall

required for the prevention of collisions.

be provided with an efficient bell.

Every motorboat of CLASS 1, 2, or 3,(f) ~o./histle.

(h) Lifesaving devices. Every vessel shall carry at

producing mechanical appliance capable of producing signals

shall be provided with- an efficient whistle or other sound

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least one (1) u.S. Coast Guard approved .lifesaving device

of the sort prescribed by the regulations of the Department

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of Public Safety for each person on board, so placed as

'30 to be readily accessible; provided that every motorboat

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1 carrYlng pass2ng~rs for hire s~all car~y, S() D laced ='5 .•.. ,..,L'-'

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be readily accessible, at least one (1) U.S. Coast Gua~d

3 aD8~oved life DreserVer of the sort erescribed by re;~la-

4 tio~s or the DepartLe~T of Public Safety for each Derson

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i;on board. All lifesaving devices shall be in good and

serviceable condition.

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~~ Ci) Fire extinguishers. Every motorboat shall be

8 i'provided with such number, size, and type of U.S. Coast

9 Guard approved fire extinguishers capable of promptly

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and effectually extinguishing burning gasoline, as may be

prescribed by the regulations of the DeDart8ent of Public

Safety which fire extinguishers shall be at all tices

conducted pursuant to Section 8995.14 of this Act or,

shall not apply to motorboats while competing In any race

provisions or Subsections Cf), Cg), and Ci) of this section

Dlaced as LO be readily accessible .

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and effective use and sofor iI:U":ledi3.te

EauiDment exemDtions in authorized races.- - -C j )

keot in condition

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:"hile e:lgaged in such navigation as is incidental to the

21 "" tuning up of the boats &cd engines for the race.

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Ck) Flame arrestor. Every motorboat shall have the

carburetor or carburetors of every engine therein except

24 outboard motors using gasoline as fuel, equipped with such

25 efficient USCG aDDroved flame arrestor, backfire trap,

25 or other similar device as may be prescribed by the

?,..,- I regulations of the Department of Public. Safety.

28 (1) Ventilation. Every such motorboat and every

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such vessel, except open boats "as defined by the

30regulations of the Department of Public Safety, us~ng

31as f~el any liquid of a volatile nature, shall be provided

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wi~h such 2~ans as 2ay be Drescribed by the regulations

of t~e DeJart~2rrt of Publi2 Safety far properly and

e~~icie~tl~ ventilating the bilges of the engine and

fuel tank CQ~oartment3 sa as to remove any explosive or

fla.!TL~abl~g2.3e5.

6 (8) ...;'u.t218ri t·l for ~ ...•...• ....., ..

re~uLa~~ons. l~~ D~Dartille!1tof

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Public Safetv is hereby authorized to make rules and

regulations reauired to carry out in the most effective

~anner all of the Drovisions of this section and to modify

the eauiD~en~ requirements contained in this section to

the extent necessary to keep these requirements In con-

fcrmity with the provisions of the Federal Navigation Laws

or with the navigation rules promulgated by the United

States Coast Guard and to prescribe additional equipment

reauirements not in conflict w~th Federal Navigatiori Laws.

(~) ?ilot rules. For the oDeration of vessels on

the waters of this territory, the Department of Public

Safety is hereby authorized to establish and maintain for

~he 00eration of vessels on the waters of this territory

pilot rules in conformity with the pilot rules contained

in the Federal Navigation La~lS or the navigation rules

promulgated by the United States Coast Guard.

(0) Prohibition against opera~ion of improperly

equipped vessel. No person shall operate or give permission

for the operation of a vessel which is not equipped as

required by this Act or the rules and regulations of the

DeDartoent or Public Safety mace pursuant thereto.

Section 8995.7. Boat liveries. (a) Livery record..;.

The m-mer of a boat livery shal'l cause -tobe kept a record

of the name and address of the person or persons hi~ing

any motorboat or vessel; the identification number thereof,

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and the d2D2~tu~e date and tiDe, ~~d the eXD2cted tl02

of r~~~~~. The reco~d shal~ be Dr~servec for at least

S2-X (6) ;::0Il.::1-::3.

(b) Responsibility for r~auired eauiD~~nt. Neither

t~e C~~2~ of a bo~~ liv~ry nor his agent or e~Dloyees shall

cercit a~y rnotorboa::or vessel to depart from his cremlses

unless i~ s~a1l ~ave been provided, ei~her by the owner

or rent~r, with ~he quipment required pursuant to Section

8995.6 and any rules and regulatio~s made pursuant thereto.

Sec-::ion8995.8. t'!ufflingd21/ices. The e;u'1austof

every internal cocbustion engine used on any motorboat

shall be effectively muffled by an efficient muffling

device or sys~em used as to muffl~ the noise or the ex~aust

in a r~asonabl~ mann~r. The use of cut-outs is prohibited,

excep:: for ~otorboats compe~ing in a rega~ta or boat

race ~pproved as provided in Section 899S.l~ of this Act,

~ld for s~ch 20torboats while on trial runs, curing a

period not to exceed forty-eight (48) hours ir.~ediately

preceding such regatta or race and for such motorboats

"n;lo C~~Do"'-;nO";n 0'='=icia1t""';a1scor sDeod roco,...,dsdu,...,inCT1,,"1 ....J •••• __ •••• .:...1"::J' J,..';'.1.":'" -... -- _..L ... - '- - .•.. 0

a period not to exceed forty-eight (48) hours i~mediately

following such regatta or race.

Section 8995.9. Prohibited operation. (a) Reckless or

negligent. No person shall operate ~~y motorboat or vessel)

or manipulate any wat~r skis, aquaplane, surfboard, or

similar device in a reckless or negligent manner so as

to e;.danger the life, limb, or property of any person.

(b) Under the influence of alcohol or drugs. No

person shall operate any motorboat or vessel, or maniDulate~

any Hater skis, aquaplane, surfboa~d) or similar device

while under the influence of alcohol, any narcotic;drug,

- 13 -

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barbiturate or marlJuana.

Section 8995.10. Collisions, accid~n~s ~nd casualties.

Ca) Duty to render assistance. It shall be the duty of

t~e opera~or of a vessel involved in a collision, acciden~,

or other casualty, so far as he can do so without serlOUS

danger to his own vessel, crew and passengers (if any), to

render to ather persons affected by the collision, accident,

or other casualty such assistance as may be Dracticable

and as 2ay be necessary in order to save them from,or

minimize any danger caused by the collision, accident,

or other casualty, and also to give his name, address,

and iden~ification of his vessel in writin£'to; anv Derson~ J •

injured a:1dto the mmer of any praperty damC!.g~din the

dollision, acciden~, or other casual~y.

(0) Accident report required. In the case of a

reportable boating accident, the operator cf any vessel

involved shill file with the Department of Public Safety

a full description of the accident, including such informa-

tion as said agency ~ay, by regulation, require. If the

operator or owner is incapable of making such report the

investigating officer shall submit such report.

(c) Protection of accident reports. Any such report

shall be without prejudice, shall be for the information

of t~e Deoartment of Public Safety and shall not be open

to public inspection. The fact that such report has been

made shall be admissible in evidence solely to show com-

pliance with this section but no such report nor any part

thereof nor any statement contained therein shall be

admissible as evidence for any purpose in any trial,

Section 8995.11. Transmittal or information. 'In

30

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civil or criminal ...'"

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o.c-::crda.nce, ,t,.J2... "Lfl any req ues t du2.y ".o.,::'e bv 2.[1 2.ut:-torized

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official or age~cy of the United Sta.tes, a~y informa.tion

cOffioi1edor otherwise a.vailable to the DeDartment or

Public Safety p~rsuant to Section 8995.l0(b) shall be

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States for a~alvtical and st3~istical purposes.

Section 8995.12. Water skis, aquaplanes, surfboards,

or sl~l13r devices. (a) Observer. No person shall operate

a vessel on any waters of this territory for towing a

person or persons on water skis, aquaplane, surfboard, or

slQllar device unless there is in such vessel a competent

person, in addition to the operator, in a position to

observe the progress or the person or persons being towed.

This section shall not apply to motorboats classified as

Ch;SS A ~otorboats, actually operated by the person being

towed and so constructed as to be incaDable of carrYlng

the eDera~or in or on the motorboat.

(b) Eours for skiing. No person shall operate a vesse:

on any waters of this territory towing a person or persons

on water skis, aquaplane, a surfboard, or similar device,

nor snall ~lY person engage in water skiing, aquaplaning,

s~rfboarding, or similar activity at any time between the

hours from one (1) hour after sunset to one (1) heur before

sunrlse.

(c) A performer engaged in an authorized activity. T~2

provisions of Subsections (a) and (b) of this section do

not apply to a performer engaged in a professional

exhibition or a person or persons engaged in an activity

authorized under Section 8995.14 of this Act.

Section 8995.13. Safe loading. (a) Vessels requireQ

to display capacity plate. Every vessel less than

- 15 -

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twenty-six (25) feet in length designed ~o carry two or

Ir.o!'eDerSO;1S and to be oropelled ,by f:".2.cnineryas lL'S

princioal source of power or designed to be propelled by

oars, snall, if manufactured or offered for sale in this

ter!'itory, have affixed percanently thereto by the manu-

facturer a capacity ~late as required by this section.

C~loes and sailboats shall be exempt from the provlslons

of this section. As used in this section, 'manufacture!

means to construct or assemble a vessel or alter a vessel

In such manner as to change its weignt carrying capacity.

(0) Capacity plate info~ation and locaLion. A

capacity pla~e shall bear the following inrorcation per-

manently ~~rked thereon in such 8~nner as to be clearly

visible and legible from the position designed or normally

intended to be occupied by the ooerator of the vessel when

uIlder ,.Jay:

(1) For all vessels designed for or reoresented

by "tne manufacturer as being sui"table for use

,.;i"t..."loutboard motor:

(a) The total 'weight'of persons, motor,

gear, and other articles placed aboarrl which the

vessel is capable of carrying with safety

under normal conditions.

(b) The recommended number of persons

co~~ensurate with the weight capacity of the

vessel and the oresumed weight in pounds of

each such person. In no instance shall such

presumed weight per person be less ~han 150

pounds.

(c) Clear notice that the information

appearing on the capacity plate is applicable

- 16 -

(c) Regulations for determining capacity. The infor-

appearlng on the capacity plate is applicable

conditions.

the o~tboard sotor and associated eauiD8ent lS

ofthe ':veightthatandc~nditi~ns

- 17 -

(c) Clear notice that the information

under norr:1al

pounds.

under normal conditions.

v2ssel and the presumed weight in pounds of

applies:

is caDable of carrying with safety 'under normal

presumed weight per person be less than 150

each such person. In no instance shall such

other articles placed aboard which the vessel

commensurate with the weight capacity of the

(2) F~r all other vessels to which this section

(d) The ~aximum horsepower of the motor the

vess21 is designed or interlded to accornr:lodate.

(b) The reco~~ended nQ~er of~persons

(a) The total weight of persons, gear, and

c~nsidered to be part of total weight capacity.

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determining small vessel capacity in the several states

adopted by the Department of Public Safety. In prescribing

such methods and formulas, the Departme~t of Public Safety

shall be determined in accordance with such methods and

on capacity plates by Subsection (b) of this section

shall be guided by and give due regard to the necessity

formulas as shall be prescribed by rule or regulation

of the United States and to,any methods and formulas which

for uniformity in methods and formulas la':vfulrc;r use in

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8ay be .re2og;1i::edor recoi.~-:lendedby the United States

Coast Gua~d, O~ any ager.cy successor thereto.

Cd) Vessels not ~aving a capacity elate affixed. Anv

vessel to which this section applies not having a caeacitv

plate meeting the requireDenTs or law affixed thereto by

The Danufacturer thereof Day have such affixed by any

other person in accord~lce with such rules and regulations

as the Department of Public Safety may prescribe, and may

thereafter be offered ror sale in this territory, but no

action taken Dursuant to this subsection shall relieve

any manufacturer from liability for failure~to: comply

with ~he requirements of this section .

(e) Warranty. The information appearing on a

capaci~y plate shall be deemed to warrant that the manu-

facturer, or the person affixing the capacity plate as

Dermitted bv Subsection (d) of this section, as the case

may be, has ~orrectly and faithfully employed a method

wid for~ula for the calculation of maximum weight capacity

prescribed by the Department of Public Safety and that

the in£or~ation appearing on the capacity plate with

respect to maximum weight capacity and reco~~ended number

of cersons is the result of the application of such method

and formula, and with respect to information concernlng

horsepower limitations that such information is not a

deliberate or negligent misrepresentation.

(f) Impractical to affix capacity plate. If any

vessel required by this section to have a capacity plate

affixed thereto is of such design or construction as to

make it impracticable or undesirable to affix s',1.chplate,

the manufacturer, or other persons having the responsibility

for affixing the plate, may represent such impracticability

18

vessel w~th reSDect to which such railure occurs.

or this section.

vessels manufactured arter January 1, 1973.

ments of this section vessels which it rinds LO be of such

.•.. ' .dle requlre-exemDt from

SafeLY ~hat such ~epresentation has serit and that a

proper and effective substitute for the capacity plate

~'lhichwill se:-ve the saIne pu:-pose is feasible, the Depart-

writing. Upon deter~ination by the DeDartment of Public

be dee~ed in compliance with the capacity plate reQuirement

Section 8995.14. Regattas, races, marine parades,

ment of Public Safety may authoriz~ such alternative corn-

(j) Effective date. This section shall apply to

pliance and such alternative comDliance shall therearter

Cg) U~conventional design. The Department or Public

Ci) Authority to issue regulations. The DeDartment

plate shall constitute a seDarate violation ror each

Ch) Violation. Failure to affix a prope:- capacity

or u~desi~ability to the De~a~L~ent of Public Safety In

Q~conventional design or construction that the inrormation

reauired on capacity plates would not assist in promoting

Safety may by rules and regulations

saretv or is not reasonably obtainable.

tions to carry out the purposes or this section.

of Public Safety is authorized to issue rules and regula-

tournaments or exhibitions \-lhich,by their nature, ClrcUffi-

Department or Public Safety may regulate the holding of

regattas, motorboat or other boat races" marine parades,

tournaments or exhibitions. (a) Agency may regulate. The

to the safety of life on any waters or this territory. It

~stance or location will introduce extra or unusual hazards

shall adopt and may from time to time amend regulations

1

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conce~nlng the safety of motor~oats and oLher vessels and

person~ thereon, eithe~ observers or participants. Whenever

a regatta, 8otorboat or other boat race, marine parade,

Lo~rnament or exhibition is proposed to be held, the

person in charge thereof, shall at least thirty (30) days

prior thereto, file an application with the DeDartment of

Public Safety for per~ission to hold such regatta, motor-

boat or other boat race, marine parade, tournament or

exhibition. The aoolication shall set forth the da~e, time

and location where it is proposed to hold such regatta,

~otorboat or other boat race, marine parade, tournament

12 or e~~ibition, and such other information as the Deoartment

13

14

15

16

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18

19

20

21

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23

24

25

25

27

28

29

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31

of Public Safety may by regulation reauire and it shall not

be conducted without authorization of the Department or

Public Safety~

(b) Permit by U.S. Agency. The provisions or this

section shall not exemOT any person from compliance with any

applicable Federal Law or regulation, but nothing contained

herein shalL be construed to require the securing of a

territorial permit pursuant to this section if a permit

therefor has been obtained from an authorized agency of the..

United States.

Section 8995.15. Territorial waterway marker system.

(a) Definitions.

(1) 'Aids to navigation! Deans buoys, beacons

or other fixed objects in the water which are used

to mark obstruction to navigation or to direct

safe channels.

(2) 'Regulatory markers' means any anchored or

fixed marker in or on the water or sign'0n the

shore or on a bridge over the water other than aids

- 20'-

,;>limits of Guam.

- 21 -

to navigation and shall include but not be limited

toso ,as

or interfere with., i-remove, ODSLruc~,

this territory in any manner

I:"'t.OOrlng bu.cys.and

markers, danger zone carkers, boat keep out areas,

Section 8995.17. Comorehensive safety and educational

to bathing markers, speed zone illarkers,informaL ion

or Public Safety may, subject to the provisions of the

Administrative Adjudication Act, make rules for the uniform

(b) Department 8ay make regulations. The Department

Cd) Interference with aids or markers. No person

placement of aids to navigation and regulatory markers.

Section 8995.16. Authority for special rules. The

marking of the water areas in this territory through the

United States Coast Guard. No person shall mark or obs-truct

(c) Violation of regulatory type markers. It shall

endanger the operation of watercraft or conflict with tho

marking system prescribed by the Department of Public

with the system of aids to navigation prescribed by the

~~y aid to navigation or regulatory marker whatsoever .

Such rules shall establish a marking system compatible

the ~-Jatersof

be unlawful for person to ooerate a vessel on the waters

Safety.

or permitted by regulatory markers.

of this territory in a manner other than that prescribed

shall moor or fasten a vessel to any aid to navigation or

regulatory marker except a mooring buoy and no person shall

wilfully damage, tamper,

Department of Public Safety is hereby authorized to make

special rules and regulations with reference to the

program. The Department of Public Safety is hereby

operation of vessels on any waters within the territorial

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incurred.

contained herein shall be construed to authorize or

the Federal government and other states or the United

is under control of his or her spouse, father,; .•.- '-d~ilage ,

boating educa~ional prog~am, to establish appropriate

Section 8995.19. Filing of regulations. A copy of

member or the owner's family. Nothing contained herein

mother, brother, sister, son, ~aughter, or other immediate

proVlslons of the statutes of this te~ritory o~ neglecting

Section 8995.18. Owner's civil liability. The owner

autho~ized to inaugurate a cODp~ehensive boating safety an~

permit any recovery in excess of injury or d~~age actually

certificates to persons who complete courses in boating

advisory co~~ittees, and to seek the coope~ation of boat~en~

expressed or implied consent. It shall be pres~~ed that

safety education.

of a vessel shall be liable for any injury or d~aage

States. The Department of Public Safety may issue safety

consent of the owner, if at the time of the injury or

whether such negligence consists or a violation of the

to observe such ordinary care in such opera~ion as the

liability which he would otherwise have, but nothing

occasioned by the negligent operation of such vessel

rules of co~mon law reauire. The owner shall not be liable,

shall be construed to relieve any other person from any

however, ~~less such vessel is being used with his or her

such vessel is being operated with the knowledge and

the rules and regulations. adopted pursuant to this Act, and

of any amendments thereto, shall be filed in the office

of the Department of Public Safety. Rules and regu~ations

shall be published by the Department of Public Safety in

1 ,

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Section 8995.19.5. Coord~nation under Federal laws.

(a) The Director of Pujlic Safety shall be the territorial

ad~inistrator under the Federal Boating Safety Act of

1972.

(b) The Director shall COODera~e with the United

7 States Coast Guard and other acoropriate agencles~ .,0.:..~I1e

8

c

10

11

12

13

14

15

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17

18

19

20

21

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25

25

27

28

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Federal government in the enforcement of this Act and all

aoplicable federal statutes, rules and regulations relating

to boating on Guam.

Section 8995.20. Enforcement. (a) Authorlty to stop

and board. Any person empowered to e!1force the~p~ovisions

of this Act and of anv rule or regula~ion adopted pursuant

thereto shall have the authority to stop and board any

vesse~, subj ect to this Act for the purpose of inspection

or deter~ining compliance with this Act or any such rule

or regulation, and is empowered to issue a SlliT~onsfor

appearance In court or before a magistrate for all

violations of this Actor of the rules and regulations

prescribed thereunder~ Vessels of law enforcement personnel

shall be marked, to identify them as designated enforcement

vessels.

(b) Vessels required to cooperate. Every vessel

subject to this Act if under way and upon being hailed by

a designated law enforcement officer shall stop immediately

and lay to, or shall maneuver in such a way as to permit

such officer to come aboard.

(c) Authorization of enforcement officers. Any

person employed or elected by this territory wh6se duty

is to preserve the peace or to make arrest or to enforce

the law is empowered to enforce the provisions of this

- 23 -

/'

"

1 Act. T~e Depart~ent of Public Safety shall be primarily

"2 responsible for enforcement or this Act and rules and

3 regulations issued thereunder.

\,"T Section 8995.21. Penalties. (a) Any person who

(;:-.J violates any provision of Sections 8995.3, 8995.5, 8995.6,

"

'!

' ...

8995.9, 8995.13, and 8995.15 of this Act or the

implemen:ting!the

a misdemeanor and shall

or

of

of not less than Twenty-Five Dollars

Fifty Dollars ($50.00) for each such

eCl F~y person who violates any provlslon

(b) .~~y person who violates any provision of Sections

be subject to a fine of not less than Ten Dollars ($10.00)

violation.

,. i

8995.8, 8995,10, and 8995.14 of this Act or the implementing!, . I.. - .. - .::: I

regulations shall be guilty of a misdemeanor and shall Ij

I

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of Sections Iimplementing! I

IiIII

nor more than

8995.7 and 8995.12 of this Act

each such violation.

be subject to a fine

regulations shall be guilty

be subject to a fine of not less than Fifty Dollars

regulations shall be guilty of a misdemeanor and shall

($25.00) nor more than One Hundred Dollars ($100.00) for

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13

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20

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15

18

19

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21 ($50.00) nor more than Five Hundred Dollars ($500.00) or

22 imprisonment not to exceed six (6) months or both-for

23 each violation.

24

25

26

27

28

29

. 30

31

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(d) Any person convicted of reckless or negligent

operation of a vessel or of operating a vessel while

under the influence of intoxicating liquids, narcotic

drugs, barbiturates, or marijuana may, in addition to the

above penalties, be prohibited by the court having

jurisdiction of such violation~ from operating ~ny vessel

on any waters of this territory for a period of not more

than two (2) years.

- 24 -

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Sec~ion 3995.22. Seve~ability. If ~ny p~pVlSlO~

of this Act o~ t~e application thereof to any person

e~ circu~stances is held invalid, the invalidity shall

net affect other provisions or applications of this Act

~hich can be given effect without the invalid provision

or application, and to this end the provisions of this

Act are severable.:1

Section 2. Section 396 or the Penal Code or Guam is hereby

~'"' ~epealed in its entirety.

~