Chapter 69

10 GCA HEALTH AND SAFETY CH. 69 BOATING CHAPTER 69 BOATING Article 1. Territorial Boating Act. Article 2. Offenses Involving Alcohol and Control led Substances. ARTICLE 1 TERRITORIAL BOATING ACT § 69100. Declaration of Policy. § 69101. Definitions. § 69102. Operation of Unnumbered Vessels Prohibite d. § 69103. Exemption from Numbering Provisions of Thi s Act. § 69104. Identification Number. § 69105. Certificate: Duration. § 69106. Acceptance of Prior Record of Title. § 69107. Government Vessels. § 69108. Assignment. § 69109. Suspension, Cancellation, Revocation. § 69110. Abandoned Vessel Fund. [Repealed] § 69111. Security Interest: Validity. § 69112. Same: Notice. § 69113. Classification and Required Equipment. § 69114. Boat Liveries. § 69115. Muffling Devices. § 69116. Prohibited Operation. § 69117. Collisions, Accidents and Casualties. § 69118. Transmittal of Information. § 69119. Water Skis, Aquaplanes, Surfboards, or Si milar Devices. § 69120. Safe Loading. § 69121. Regattas, Races, Marine Parades, Tourname nts or Exhibitions. § 69122. Territorial Waterway Marker System. § 69123. Authority for Special Rules. § 69124. Comprehensive Safety and Educational Prog ram. § 69125.

Races, Marine Parades, Tourname nts or Exhibitions. § 69122. Territorial Waterway Marker System. § 69123. Authority for Special Rules. § 69124. Comprehensive Safety and Educational Prog ram. § 69125. Owner’s Civil Liability. § 69126. Filing of Regulations. § 69127. Coordination under Federal Laws. COL6/5/201910 GCA HEALTH AND SAFETY CH. 69 BOATING § 69128. Enforcement. § 69129. Penalties. § 69130. Severability. NOTE: References to 'Director of Public Safety' changed to 'Chief of Police', and references to 'Department of Public Sa fety' changed to Guam Police Department pursuant to P.L. 17-78:1, wh ich repealed '5102 GC providing for the Department of Public Safety an d reenacted '5102 establishing the Guam Police Department. § 69100. Declaration of Policy. It is the policy of this Territory to promote safe ty for persons and properties in and connected with the us e, operation and equipment of vessels and to promote uniformity of laws relating thereto. SOURCE: GC § 8995.1. § 69101. Definitions. As used in this Chapter unless the context clearly requires a different meaning: (1) Vessel means every description of watercraft, other than a seaplane on the water, used or capable of

Definitions. As used in this Chapter unless the context clearly requires a different meaning: (1) Vessel means every description of watercraft, other than a seaplane on the water, used or capable of being u sed as a means of transportation on water. (2) Motorboat means any vessel not more than sixty-five (65) feet in length propelled by machinery whether or not such machinery is the principal source of propulsion. (3) Owner is a person having all the incidents of ownership, including the legal title of a vessel or a person h olding equitable title to the vessel as the purchaser under a condit ional sale contract or as the mortgagor of a vessel. (4) Waters of this Territory means any waters within the territorial limits of Guam, and the marginal sea ad jacent to Guam and the high seas when navigated as a part of a jou rney to or from the shore of Guam. (5) Person means an individual, partnership, firm, corporation, association or other legal entity. (6) Operate means to navigate or otherwise use a vessel. (7) Operator means the person who operates or has charge of the navigation or use of a vessel. COL6/5/201910 GCA HEALTH AND SAFETY CH.

entity. (6) Operate means to navigate or otherwise use a vessel. (7) Operator means the person who operates or has charge of the navigation or use of a vessel. COL6/5/201910 GCA HEALTH AND SAFETY CH. 69 BOATING (8) Undocumented vessel means a vessel which is not required to have and does not have a valid marine d ocument issued by the United States Coast Guard or Federal agency successor thereto. (9) Reportable boating accident means an accident, collision, or other casualty involving a vessel sub ject to this Act which results in loss of life, injury sufficient to require first aid or medical attention, or actual physical damage to property including vessels in excess of One Hundred Dollars ($100). (10) Boat livery means a business which holds any vessel for renting, leasing or chartering. (11) Omitted. (12) Legal owner is a person holding the legal title to a vessel under a conditional sale contract or as the mortgagee of a vessel. SOURCE: GC § 8995.2, as amended by P.L. 15-54. § 69102. Operation of Unnumbered Vessels Prohibited . Every vessel using the waters of this Territory sh all be numbered except those exempted by § 69103 of this C hapter.

, as amended by P.L. 15-54. § 69102. Operation of Unnumbered Vessels Prohibited . Every vessel using the waters of this Territory sh all be numbered except those exempted by § 69103 of this C hapter. No person shall operate or be given permission to oper ate any vessel on such waters unless the vessel is numbered in acc ordance with this Chapter or in accordance with applicable Feder al law or in accordance with a federally approved numbering syst em of the United States and unless (1) the certificate of num ber issued to such vessel is on board and in full force and effec t, and (2) the identifying number set forth in the certificate of number is displayed on each side of the bow of such vessel. SOURCE: GC § 8995.3, as amended by P.L. 15-54. § 69103. Exemption from Numbering Provisions of Thi s Act. A vessel shall not be required to be numbered unde r this Act if it is: (1) Covered by a certificate of number in full for ce and effect which has been issued to it pursuant to Fede ral Law or a federally approved numbering system of the United S tates provided that such vessel shall not be used on the waters of this Territory for a period in excess of sixty (60) cons ecutive days.

Law or a federally approved numbering system of the United S tates provided that such vessel shall not be used on the waters of this Territory for a period in excess of sixty (60) cons ecutive days. COL6/5/201910 GCA HEALTH AND SAFETY CH. 69 BOATING (2) From a country other than the United States, p rovided that such vessel shall not be used on the waters of this Territory for a period in excess of sixty (60) consecutive da ys. (3) A vessel whose owner is the United States, a s tate or a subdivision thereof, used exclusively in the public service and which is clearly identifiable as such. (4) A vessel’s lifeboat if the boat is used solely for lifesaving purposes. This exemption does not includ e dinghies, tenders, speedboats, of other types of craft carrie d aboard vessels and used for other than lifesaving purposes. (5) A vessel belonging to a class of boats which h as been exempted from numbering by the Guam Police Departme nt after said Department has found that (1) the numbering of such class will not materially aid in their identification and (2) an agency of the Federal government has a numbering system appli cable to the class of vessels to which the vessel in questio ns

of such class will not materially aid in their identification and (2) an agency of the Federal government has a numbering system appli cable to the class of vessels to which the vessel in questio ns belongs, or (3) the vessel would also be exempt from numbering if it were subject to the Federal law. (6) Documented by the United States Coast Guard or a Federal agency successor thereto. (7) When operating temporarily by virtue of eviden ce that a recent application for a certificate of number has been submitted. SOURCE: GC § 8995.4. § 69104. Identification Number. (a) Application. The owner of each vessel required to be numbered by this Territory shall file an applicatio n for number with the Guam Police Department on forms approved f or it. Such forms shall be prepared in cooperation with th e Department of Revenue and Taxation. The application shall cont ain the name and address of the owner and of the legal owner, if any, and the builder's hull number or any hull number of the ves sel as may be required by the Department. The application shall b e signed by the owners of the vessel and shall be accompanied b y a fee of Forty Dollars ($40.00).

mber or any hull number of the ves sel as may be required by the Department. The application shall b e signed by the owners of the vessel and shall be accompanied b y a fee of Forty Dollars ($40.00). Upon receipt of the applica tion in approved form, the Guam Police Department shall ent er the same upon its records and issue a certificate of ow nership to the legal owner or if none, to the owner and a certific ate of number COL6/5/201910 GCA HEALTH AND SAFETY CH. 69 BOATING to the owner, stating the number assigned to the ve ssel, the name and address of the owner and such additional inform ation as may be prescribed by regulation of the Guam Police Depa rtment. The owner shall paint on or attach to each side of the forward half of the vessel the identification number in such a mann er as may be prescribed by rules and regulations of the Guam Pol ice Department in order that it may be clearly visible. The number shall be maintained in legible condition. The certi ficate of number shall be pocket size and shall be available at all times for inspection on the vessel for which issued, whenever such vessel is in operation.

intained in legible condition. The certi ficate of number shall be pocket size and shall be available at all times for inspection on the vessel for which issued, whenever such vessel is in operation. (b) Recording of current number before use in exces s of sixty (60) days. The owner of any vessel already co vered by a number in full force and effect which has been assi gned to it, pursuant to the operative Federal law or a federall y approved numbering system of a state of the United States, s hall record the number prior to operating the vessel on the waters of this Territory in excess of the sixty (60) day period pr ovided for in § 69103 of this Chapter. Such recordation shall, upon payment of the fee prescribed by Subsection (a) of this Sectio n, be in the manner prescribed by regulation of the Department o f Public Safety provided, however, that no additional or sub stitute number shall be issued. This Subsection shall not a pply if the state or principal use has been changed. (c) Change of ownership. Should the ownership of a numbered vessel change, the existing certificate of ownership and a new application form with a fee of Forty Doll ars ($40.00) shall be filed with the

) Change of ownership. Should the ownership of a numbered vessel change, the existing certificate of ownership and a new application form with a fee of Forty Doll ars ($40.00) shall be filed with the Guam Police Department and a new certificate of ownership and a new certificate of n umber shall be issued in the same manner as provided for in the or iginal assignment of number and the number shall be reassi gned to the new owner. (d) Conformity with Federal numbering system. The numbering system employed pursuant to this Chapter by the Guam Police Department shall be in conformity with the standard numbering system established by the Secret ary of the United States Government in which the Coast Guard i s operating COL6/5/201910 GCA HEALTH AND SAFETY CH. 69 BOATING pursuant to the Federal Board Safety Act of 1971, 4 6 U.S.C., § 1452. (e) Issuing agents. The Guam Police Department may issue any certificate of ownership and any certificate of number or temporary certificate of number directly or may aut horize any person to act as agent for the issuing thereof. In the event that a person accepts such authorization, he may be allott ed a block of numbers and certificates therefor

directly or may aut horize any person to act as agent for the issuing thereof. In the event that a person accepts such authorization, he may be allott ed a block of numbers and certificates therefor which upon assign ment and issue, in conformity with this Chapter, and with an y rules and regulations of the Guam Police Department, shall be valid as if assigned and issued directly by the Guam Police Dep artment. (f) Numbering records to the public. All records of the Guam Police Department made or kept pursuant to thi s Section shall be public records. (g) Registration period. Every certificate of numbe r issued pursuant to this Chapter shall continue in full for ce and effect for a period of three (3) years unless sooner terminate d or discontinued in accordance with the provisions of t his Chapter. Certificates of number may be renewed by the owner in the same manner provided for in the initial securing of the same; provided that the fee for renewal shall be Forty Dollars ($4 0.00). (h) Expiration date. The Guam Police Department sha ll fix a day and a month of the year on which certificates o f number due to expire during the calendar year shall lapse and no longer be of any

). (h) Expiration date. The Guam Police Department sha ll fix a day and a month of the year on which certificates o f number due to expire during the calendar year shall lapse and no longer be of any force and effect unless renewed pursuant to thi s Chapter. (i) Notice of transfer, destruction or abandonment. The owner shall furnish the Guam Police Department writ ten notice of the transfer of all or any part of his interest in a vessel numbered in this Territory pursuant to this Section , or the destruction or abandonment of such vessel within fi fteen (15) days thereof. Such transfer, destruction or abandon ment shall terminate the certificate of number for such vessel except that in the case of a transfer of a part interest which doe s not affect the owner's right to operate such vessel, such transfer shall not terminate the certificate of number. (j) Change of address. Any holder of a certificate of number or certificate of ownership shall notify the Guam P olice COL6/5/201910 GCA HEALTH AND SAFETY CH. 69 BOATING Department in writing within fifteen (15) days if h is address no longer conforms to the address appearing on the cer tificate and shall, as a part of such

201910 GCA HEALTH AND SAFETY CH. 69 BOATING Department in writing within fifteen (15) days if h is address no longer conforms to the address appearing on the cer tificate and shall, as a part of such notification, furnish the Guam Police Department with his new address. (k) No other number on forward half. No number othe r than the number validly assigned to a vessel shall be pa inted, attached or otherwise displayed on either side of the forwar d half of such vessel. (l) Provision for regulations. The Guam Police Depa rtment shall, subject to the provisions of the Administrat ive Adjudication Act, promulgate regulations to adminis ter the provisions of this Section related to numbering app lications, certificates of ownership, certificates of number, display of number, reports on change of address, destruction, abandonment, sale or transfer of ownership. (m) Proof of ownership. The Guam Police Department shall, subject to the provisions of the Administrat ive Adjudication Act, promulgate rules and regulations setting forth requirements relative to establishing proof of owne rship to be submitted by the owner at the time of filing initia l application for a certificate of number

lgate rules and regulations setting forth requirements relative to establishing proof of owne rship to be submitted by the owner at the time of filing initia l application for a certificate of number and a certificate of owners hip. (n) Transfer to dealer. (1) Application for a new certificate of number or payment of the fee shall not be required on transfe r of a vessel to a dealer in the course of his business as is otherwise provided in this Chapter, provided that: (A) the vessel is held and operated by the dealer only for the purpose of resale in the course of his business; (B) the dealer has been issued a sales permit by the appropriate department or agency covering sale of such property; and (C) the dealer shall, not later than the end of the next business day following such transfer, give wri tten notice of purchase to the Guam Police Department upon an appropriate form provided for it. COL6/5/201910 GCA HEALTH AND SAFETY CH. 69 BOATING (2) Upon receipt of the notice of purchase referred to in Subdivision (1), the Guam Police Department shall i ssue a temporary certificate of number of such vessel in t he name of the dealer upon payment of a fee of Twenty Dolla rs ($20.00)

e referred to in Subdivision (1), the Guam Police Department shall i ssue a temporary certificate of number of such vessel in t he name of the dealer upon payment of a fee of Twenty Dolla rs ($20.00) and note the transfer on the Department's record of ownership. (3) The certificate of ownership bearing the endorsement of the transferrer to the dealer of a v essel registered pursuant to this Section and the certifi cate of number thereof shall be retained by the dealer unti l a transfer of the vessel by him, during such time, su ch certificates shall be subject to inspection by the Guam Police Department or other authorized agency. Upon transfer of the vessel by the dealer, the certifica te of ownership shall be endorsed by the dealer and trans fer further accomplished as otherwise provided in this Chapter. SOURCE: GC § 8995.5, as amended by P.L. 15-54. 2019 NOTE: Subsection designations altered pursuant to authori ty granted by 1 GCA § 1606. § 69105. Certificate: Duration. The certificate of ownership shall not be renewed but shall remain valid until suspended, revoked or cancelled by the Guam Police Department for cause or upon a transfer of a ny interest shown therein.

e certificate of ownership shall not be renewed but shall remain valid until suspended, revoked or cancelled by the Guam Police Department for cause or upon a transfer of a ny interest shown therein. If the transfer of the certificate o f ownership is from a legal owner to the owner, then the Departmen t shall collect a transfer fee of Twenty Dollars ($20.00). SOURCE: GC § 8995.6, as added by P.L. 15-54. § 69106. Acceptance of Prior Record of Title. (a) Upon application for registration of a vessel previously registered outside Guam, the Guam Police Department shall grant full faith and credit to the currently valid certificate of title describing such vessel, the ownership thereof and l iens noted thereon, issued by the jurisdiction in which the ve hicle was last registered. (b) Acceptance by the Guam Police Department of a certificate of title issued by another jurisdiction as provided in Subsection (a) of this Section, in the absence of k nowledge by COL6/5/201910 GCA HEALTH AND SAFETY CH. 69 BOATING the Department that any such certificate is forged, fraudulent or void, shall be a sufficient determination of genuin eness and regularity of such certificate and of the truth of

AFETY CH. 69 BOATING the Department that any such certificate is forged, fraudulent or void, shall be a sufficient determination of genuin eness 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 acceptin g any such certificate of title. (c) In the event a certificate of title issued by a nother jurisdiction shows any lien or encumbrance upon the vessel, then the Guam Police Department upon registering such ve ssel in Guam and upon issuing a certificate of ownership, s hall include therein the name of such lienholder as legal owner unless documents submitted with the foreign certificate of title establish that the lien and encumbrance have been fully satis fied. (d) In the event application is made in Guam for re gistration of a vessel of another jurisdiction which issues on ly a number and does not issue a certificate of ownership or it s equivalent and in the event the Guam Police Department is not sati sfied after the owner of the vessel of the existence of foreign lie ns thereon, then the Department may issue a certificate of number bu t shall withhold

event the Guam Police Department is not sati sfied after the owner of the vessel of the existence of foreign lie ns thereon, then the Department may issue a certificate of number bu t shall withhold issuance of a Guam certificate of ownershi p until the applicant shall present such documents as to reason ably satisfy the Department of the applicant's ownership of the vessel. (e) In the event the Guam Police Department refuses to grant an application for registration in Guam of th e vessel previously registered in another jurisdiction, the Department shall immediately return to the applicant all docum ents submitted by the applicant with such application. SOURCE: GC § 8995.7, as added by P.L. 15-54. § 69107. Government Vessels. The registration requirements of this Chapter appl y to every vessel owned by the Government or leased for a peri od exceeding six (6) months by the Government, except in the following particulars: (a) The certificate of number of any such vessel i ssued shall not be renewed every three (3) years but shall rema in valid until the certificate of ownership for such vehicle is su spended, revoked or cancelled by the Guam Police Department for cause

sued shall not be renewed every three (3) years but shall rema in valid until the certificate of ownership for such vehicle is su spended, revoked or cancelled by the Guam Police Department for cause COL6/5/201910 GCA HEALTH AND SAFETY CH. 69 BOATING or upon transfer of any interest in such certificat e of ownership. Upon any change in ownership, the vessel shall be r e-registered in accordance with the provisions of this Chapter r elating to any vessel privately owned. (b) The Guam Police Department may suspend, cancel , revoke or renew any permanent certificate of number made under this Section when the Department determines t hat it is advisable to reissue any such registration. SOURCE: GC § 8995.8, as added by P.L. 15-54. § 69108. Assignment. A legal owner may assign his title or interest in or to a vessel registered under this Chapter to a person ot her than the owner without the consent and without affecting int erest of such owner. Upon receiving a certificate of ownership en dorsed by the legal owner and the transfer of legal ownership , the Guam Police Department shall accordingly transfer the le gal ownership and shall issue a new certificate of ownership to t he new

n dorsed by the legal owner and the transfer of legal ownership , the Guam Police Department shall accordingly transfer the le gal ownership and shall issue a new certificate of ownership to t he new legal owner. SOURCE: GC § 8995.9, as added by P.L. 15-54. § 69109. Suspension, Cancellation, Revocation. The Guam Police Department may suspend, cancel or revoke the certificate of ownership or the certific ate of number in any of the following events: (a) when the Department is satisfied that such cer tificate of ownership or certificate of number was fraudulently obtained or erroneously issued; (b) when the Department determines that a vessel i s mechanically unfit or unsafe to be operated; (c) when a vessel has been dismantled or wrecked; (d) when the Department determines that the requir ed fee has not been paid and the same is not paid upon rea sonable notice and demand; (e) when the certificate of number or the painted number is knowingly displayed upon a vessel other than the on e for which issued; and COL6/5/201910 GCA HEALTH AND SAFETY CH. 69 BOATING (f) when the certificate of number could have been refused when last issued or renewed or when the Department is so autho-

n e for which issued; and COL6/5/201910 GCA HEALTH AND SAFETY CH. 69 BOATING (f) when the certificate of number could have been refused when last issued or renewed or when the Department is so autho- rized under any other provision of law. Whatever the Guam Police Department, as authorized under this Chapter, cancels, suspends or revokes the cert ificate of ownership or the certificate of number, the owner o r person in possession shall immediately return the documents s o cancelled, suspended or revoked to the Department. SOURCE: GC § 8995.10, as added by P.L. 15-54. § 69110. Abandoned Vessel Fund. [Repealed] SOURCE: GC § 8995.11, as added by P.L. 15-54. NOTE: P.L. 23-128:IV:21 repeals the Abandoned Vessel Fun d and provides for A... any and all remaining balances are reverted to the General Fund. All revenue previously earmarked into this Fund shall continue to be collected and credited to the Genera l Fund. § 69111. Security Interest: Validity. A security interest in any vessel registered under this Chapter, irrespective of whether such registration was effected prior or subsequent to the execution of this securi ty agreement, is not valid as against creditors or subsequent

registered under this Chapter, irrespective of whether such registration was effected prior or subsequent to the execution of this securi ty agreement, is not valid as against creditors or subsequent purcha sers or encumbrances until the secured party or his success or or a assignee, has deposited with the Guam Police Depart ment a copy of such security agreement with an attached certifi cate of a notary public stating that the same is a true and c orrect copy of the original, accompanied by a properly endorsed ce rtificate of ownership to the vessel described in the security a greement that the vessel has been registered under this Chapter, or if a vessel is not so registered, by application and usual form fo r an original certificate of ownership, together with an applicat ion for certificate of ownership as legal owner, and upon p ayment of the fee as provided in this Chapter. The Department in accepting the security agreement for deposit, or in registering t he secured party, his successor or his assignee as legal owner , shall not be required to examine the security agreement or deter mine the genuineness, regularity or legal sufficiency thereo f.

ing t he secured party, his successor or his assignee as legal owner , shall not be required to examine the security agreement or deter mine the genuineness, regularity or legal sufficiency thereo f. SOURCE: GC § 8995.12, as added by P.L. 15-54. COL6/5/201910 GCA HEALTH AND SAFETY CH. 69 BOATING § 69112. Same: Notice. When the secured party, his successor or assignee has deposited with the Department a copy of this securi ty agreement as provided in this Chapter, such deposit constitut es constructive notice of this security agreement and its contents to creditors and subsequent purchasers or encumbrancer. SOURCE: GC § 8995.13, as added by P.L. 15-54. § 69113. Classification and Required Equipment. (a) Classification. Motorboats subject to the provision s of this Act shall be divided into four classes as foll ows: CLASS A. Less than 16 feet in length. CLASS 1. 16 feet or over and less than 26 feet in length. CLASS 2. 26 feet or over and less than 40 feet in length. CLASS 3. 40 feet or over and not more than 65 feet in length. (b) Motorboat lights. Every motorboat in all weathe rs from sunset to sunrise shall carry and exhibit the follo wing lights when underway, and during such

or over and not more than 65 feet in length. (b) Motorboat lights. Every motorboat in all weathe rs from sunset to sunrise shall carry and exhibit the follo wing lights when underway, and during such time no other lights which may be mistaken for those prescribed shall be exhibited : (1) Every motorboat of Classes A and 1 shall carry the following lights: First. A bright white light aft to show all around the horizon. Second. A combined light in the fore part of the ve ssel and lower than the white light aft, showing green t o starboard and red to port, so fixed as to throw the light from right ahead to two points (22-1/2 o) 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 practicable, so construc ted as to show the unbroken light over an arc of the horiz on COL6/5/201910 GCA HEALTH AND SAFETY CH. 69 BOATING of twenty points (225 o) of the compass, so fixed as to throw the light ten points (112-1/2 o) on each side of the vessel, namely from right ahead to two points (22-1 /2 o) abaft the beam on either side. Second.

ints (225 o) of the compass, so fixed as to throw the light ten points (112-1/2 o) on each side of the vessel, namely from right ahead to two points (22-1 /2 o) abaft the beam on either side. Second. A bright white light aft to show all around the horizon and higher than the white light forward. Third. On the starboard side a green light so constructed as to show an unbroken light over an ar c of the horizon of ten points (112-1/2 o) of the compass, so fixed as to throw the light from right ahead to two points (22-1/2 o) abaft the beam on the starboard side. On the port side a red light so constructed as to s how an unbroken light over an arc of the horizon of ten points (112-1/2 o) of the compass, so fixed as to throw the light from right ahead to two points (22-1/2 o) abaft the beam on the port side. The side lights shall be fitted with inboard screens so set as to prevent these lig hts from being seen across the bow. (3) Motorboats of Classes A and 1 when propelled by sail alone shall exhibit the combined light prescri bed by Paragraph (1) of this Subsection and a twelve point (135 o) white light aft.

ss the bow. (3) Motorboats of Classes A and 1 when propelled by sail alone shall exhibit the combined light prescri bed by Paragraph (1) of this Subsection and a twelve point (135 o) white light aft. Motorboats of Classes 2 and 3, whe n so propelled, shall exhibit the colored side lights, s uitably screened as prescribed by Paragraph (2) of this Sub section and a twelve point (135 o) white light aft. (4) Every white light prescribed by this Section sh all be of such character as to be visible at a distance of at least two (2) miles. Every colored light prescribed by th is Section shall be of such character as to be visible at a di stance of at least one (1) mile. The word visible in this Subsec tion, when applied to lights, shall mean visible on a dar k night with clear atmosphere. (5) When propelled by sail and machinery every motorboat shall carry the lights required by this S ection for a motorboat propelled by machinery only. COL6/5/201910 GCA HEALTH AND SAFETY CH. 69 BOATING (c) Light on manually propelled vessels. Manually p ropelled vessels shall carry, ready at hand, a lantern or fl ashlight showing a white light which shall be exhibited in sufficien t time to avert

G (c) Light on manually propelled vessels. Manually p ropelled vessels shall carry, ready at hand, a lantern or fl ashlight showing a white light which shall be exhibited in sufficien t time to avert collision. (d) International lights. Any vessel may carry and exhibit the lights required by the Federal Regulations for Preventing Collisions at Sea, 1960, Federal Act of September 2 4, 1963 (33 USC 1051-1053) and (1061-1064) as amended, in lieu of the lights required by Subsection (b) of this Section. (e) Lights on vessels over 65 feet and those propel led solely by wind. All other vessels over 65 feet in length a nd those propelled solely by wind effect on the sail shall d isplay lights prescribed by Federal regulations. (f) Whistle. Every motorboat of Class 1, 2 or 3, sh all be provided with an efficient whistle or other sound p roducing mechanical appliance capable of producing signals r equired for the prevention of collisions. (g) Bell. Every motorboat of Class 2 or 3, shall be provided with an efficient bell. (h) Lifesaving devices. Every vessel shall carry at least one (1) U.S. Coast Guard approved lifesaving device of the sort prescribed by the regulations of the Guam Police

ided with an efficient bell. (h) Lifesaving devices. Every vessel shall carry at least one (1) U.S. Coast Guard approved lifesaving device of the sort prescribed by the regulations of the Guam Police De partment for each person on board, so placed as to be readily ac cessible; provided that every motorboat carrying passengers f or hire shall carry, so placed as to be readily accessible, at le ast one (1) U.S. Coast Guard approved life preserver of the sort pre scribed by regulations of the Department of Public Safety for each person on board. All lifesaving devices shall be in good a nd serviceable condition. (i) Fire extinguishers. Every motorboat shall be pr ovided with such number, size and type of U.S. Coast Guard approved fire extinguishers capable of promptly and effectua lly extinguishing burning gasoline, as may be prescribe d by the regulations of the Guam Police Department which fir e extinguishers shall be at all times kept in conditi on for immediate and effective use and so placed as to be readily accessible. COL6/5/201910 GCA HEALTH AND SAFETY CH. 69 BOATING (j) Equipment exemptions in authorized races.

ll times kept in conditi on for immediate and effective use and so placed as to be readily accessible. COL6/5/201910 GCA HEALTH AND SAFETY CH. 69 BOATING (j) Equipment exemptions in authorized races. The provisions of Subsections (f), (g) and (i) of this Section shall not apply to motorboats while competing in any race con ducted pursuant to § 69121 of this Chapter or, if such boa ts be designed and intended solely for racing, while engaged in su ch navigation as is incidental to the tuning up of the boats and engines for the race. (k) Flame arrestor. Every motorboat shall have the carburetor or carburetors of every engine therein e xcept outboard motors using gasoline as fuel, equipped with such e fficient USCG approved flame arrestor, backfire trap, or oth er similar device as may be prescribed by the regulations of t he Guam Police Department. (l) Ventilation. Every such motorboat and every suc h vessel, except open boats as defined by the regulations of the Guam Police Department, using as fuel any liquid of a vo latile nature, shall be provided with such means as may be prescri bed by the regulations of the Guam Police Department for prope rly and efficiently ventilating the

using as fuel any liquid of a vo latile nature, shall be provided with such means as may be prescri bed by the regulations of the Guam Police Department for prope rly and efficiently ventilating the bilges of the engine an d fuel tank compartments so as to remove any explosive or flamm able gases. (m) Authority for regulations. The Guam Police Depa rtment is hereby authorized to make rules and regulations required to carry out in the most effective manner all of the p rovisions of this Section and to modify the equipment requiremen ts contained in this Section to the extent necessary to keep the se requirements in conformity with the provisions of the Federal Na vigation Laws or with the navigation rules promulgated by th e United States Coast Guard and to prescribe additional equi pment requirements not in conflict with Federal Navigatio n Laws. (n) Pilot rules. For the operation of vessels on th e waters of this Territory, the Guam Police Department is hereb y authorized to establish and maintain for the operation of vess els on the waters of this Territory pilot rules in conformity with the pilot rules contained in the Federal Navigation Laws or t he navigation rules

o establish and maintain for the operation of vess els on the waters of this Territory pilot rules in conformity with the pilot rules contained in the Federal Navigation Laws or t he navigation rules promulgated by the United States Coast Guard. (o) Prohibition against operation of improperly equ ipped vessel. No person shall operate or give permission for the COL6/5/201910 GCA HEALTH AND SAFETY CH. 69 BOATING operation of a vessel which is not equipped as requ ired by this Act or the rules and regulations of the Guam Police Department made pursuant thereto. SOURCE: GC § 8995.14, as renumbered by P.L. 15-54. § 69114. Boat Liveries. (a) Livery record. The owner of a boat livery shal l cause to be kept a record of the name and address of the per son or persons hiring any motorboat or vessel, the identif ication number thereof, and the departure date and time, and the e xpected time of return. The record shall be preserved for at lea st six (6) months. (b) Responsibility for required equipment. Neither the owner of a boat livery nor his agent or employees s hall permit any motorboat or vessel to depart from his premises unless it shall have been provided, either by the owner or re

quipment. Neither the owner of a boat livery nor his agent or employees s hall permit any motorboat or vessel to depart from his premises unless it shall have been provided, either by the owner or re nter, with the equipment required pursuant to § 69113 and any rule s and regulations made pursuant thereto. SOURCE: GC § 8995.15, as renumbered by P.L. 15-54. § 69115. Muffling Devices. The exhaust of every internal combustion engine us ed on any motorboat shall be effectively muffled by an ef ficient muffling device or system used as to muffle the noi se of the exhaust in a reasonable manner. The use of cut-outs is prohibited, except for motorboats competing in a re gatta or boat race approved as provided in § 69121 of this Chapte r, and for such motorboats while on trial runs, during a perio d not to exceed forty-eight (48) hours immediately preceding such regatta or race and for such motorboats while compe ting in official trials for speed records during a period n ot to exceed forty-eight (48) hours immediately following such r egatta or race. SOURCE: GC § 8995.16, as renumbered by P.L. 15-54. § 69116. Prohibited Operation. (a) Reckless or Negligent.

period n ot to exceed forty-eight (48) hours immediately following such r egatta or race. SOURCE: GC § 8995.16, as renumbered by P.L. 15-54. § 69116. Prohibited Operation. (a) Reckless or Negligent. No person shall operate or manipulate any water skis, aquaplane, surfboard, or similar COL6/5/201910 GCA HEALTH AND SAFETY CH. 69 BOATING device in a reckless or negligent manner so as to e ndanger the life, limb or property of any person. (b) Under the Influence of Alcohol or Drugs. No per son shall operate or manipulate any water skis, aquapla ne, surfboard, or similar device while under the influence of alco hol, any narcotic drug, barbiturate or marijuana. SOURCE: GC § 8995.17, as renumbered by P.L. 15-54. Amended by P.L. 24-87:3. 2019 NOTE: Pursuant to P.L. 35-005:4, marijuana was 'declassi fied as a Schedule 1 Controlled Substance.' Notwithstanding t his declassification, P.L. 35-005:2 (Apr. 4, 2019) enacted 11 GCA § 8112( d), which expressly provides: 'Nothing in this Chapter is intended to allow driving under the influence of cannabis or to supersede laws related to driving under the influence of cannabis.' However, the prohibition in 11 GCA § 8112(d) does not explicitly

is intended to allow driving under the influence of cannabis or to supersede laws related to driving under the influence of cannabis.' However, the prohibition in 11 GCA § 8112(d) does not explicitly address marine activities descr ibed in subsection (b). § 69117. Collisions, Accidents and Casualties. (a) Duty to render assistance. It shall be the dut y of the operator of a vessel involved in a collision, accid ent or other casualty, so far as he can do so without serious da nger to his own vessel, crew and passengers (if any), to render to other persons affected by the collision, accident or other casual ty such assistance as may be practicable and as may be nece ssary in order to save them from or minimize any danger caus ed by the collision, accident or other casualty, and also to give his name, address and identification of his vessel in writing to any person injured and to the owner of any property damaged in the collision, accident or other casualty. (b) Accident report required. In the case of a repo rtable boating accident, the operator of any vessel involv ed shall file with the Guam Police Department a full description of the accident, including such information as said

. In the case of a repo rtable boating accident, the operator of any vessel involv ed shall file with the Guam Police Department a full description of the accident, including such information as said agency may, by regulation, require. If the operator or owner is in capable 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 the Guam Police Department and shall not be open to public i nspection. The fact that such report has been made shall be ad missible in COL6/5/201910 GCA HEALTH AND SAFETY CH. 69 BOATING evidence solely to show compliance with this Sectio n but no such report nor any part thereof nor any statement contained therein shall be admissible as evidence for any pur pose in any trial, civil or criminal. SOURCE: GC § 8995.18, as renumbered by P.L. 15-54. § 69118. Transmittal of Information. In accordance with any request duly made by an aut horized official or agency of the United States, any inform ation compiled or otherwise available to the Guam Police Departmen t pursuant to § 69117(b) shall be transmitted to said official or agency

horized official or agency of the United States, any inform ation compiled or otherwise available to the Guam Police Departmen t pursuant to § 69117(b) shall be transmitted to said official or agency of the United States for analytical and statistical pu rposes. SOURCE: GC § 8995.19, as renumbered by P.L. 15-54. § 69119. Water Skis, Aquaplanes, Surfboards, or Sim ilar 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 similar device unless ther e is in such vessel a competent person, in addition to the opera tor, in a position to observe the progress of the person or p ersons being towed. This Section shall not apply to motorboats c lassified as Class A motorboats, actually operated by the person being towed and so constructed as to be incapable of carrying t he operator in or on the motorboat. (b) Hours for skiing. No person shall operate a ves sel on any waters of this Territory towing a person or per sons on water skis, aquaplane, a surfboard, or similar device, no r shall any person engage in water skiing, aquaplaning, surfboa rding, or similar activity at any time

rritory towing a person or per sons on water skis, aquaplane, a surfboard, or similar device, no r shall any person engage in water skiing, aquaplaning, surfboa rding, or similar activity at any time between the hours from one (1) hours after sunset to one (1) hour before sunrise. (c) A performer engaged in an authorized activity. The provisions of Subsections (a) and (b) of this Secti on do not apply to a performer engaged in a professional exhibition or a person or persons engaged in an activity authorized under '69121 of this Chapter. SOURCE: GC § 8995.20, as renumbered by P.L. 15-54. § 69120. Safe Loading. COL6/5/201910 GCA HEALTH AND SAFETY CH. 69 BOATING (a) Vessels required to display capacity plate. Ev ery vessel less than twenty-six (26) feet in length designed t o carry two (2) or more persons and to be propelled by machinery as its principal source of power or designed to be propell ed by oars, shall, if manufactured or offered for sale in this Territory, have affixed permanently thereto by the manufacturer a c apacity plate as required by this Section. Canoes and sailboats s hall be exempt from the provisions of this Section.

sale in this Territory, have affixed permanently thereto by the manufacturer a c apacity plate as required by this Section. Canoes and sailboats s hall be exempt from the provisions of this Section. As used in thi s Section, manufacture means to construct or assemble a vessel or alter a vessel in such manner as to change its weight carry ing capacity. (b) Capacity plate information and location. A capa city plate shall bear the following information permanen tly marked thereon in such manner as to be clearly visible and legible from the position designed or normally intended to be oc cupied by the operator of the vessel when under way: (1) For all vessels designed for or represented by the manufacturer as being suitable for use with outboar d motor: (A) The total weight of persons, motor, gear and other articles placed aboard which the vessel is ca pable of carrying with safety under normal conditions. (B) The recommended number of persons commensurate with the weight capacity of the vessel and the presumed weight in pounds of each such person. In no instance shall such presumed weight p er person be less than one hundred fifty (150) pounds.

surate with the weight capacity of the vessel and the presumed weight in pounds of each such person. In no instance shall such presumed weight p er person be less than one hundred fifty (150) pounds. (C) Clear notice that the information appearing on the capacity plate is applicable under normal conditions and that the weight of the outboard moto r and associated equipment is considered to be part o f total weight capacity. (D) The maximum horsepower of the motor the vessel is designed or intended to accommodate. (2) For all other vessels to which this Section app lies: (A) The total weight of persons, gear and other articles placed aboard which the vessel is capable of carrying with safety under normal conditions. COL6/5/201910 GCA HEALTH AND SAFETY CH. 69 BOATING (B) The recommended number of persons commensurate with the weight capacity of the vessel and the presumed weight in pounds of each such person. In no instance shall such presumed weight p er person be less than one hundred fifty (150) pounds. (C) Clear notice that the information appearing on the capacity plate is applicable under normal conditions. (c) Regulations for determining capacity.

son be less than one hundred fifty (150) pounds. (C) Clear notice that the information appearing on the capacity plate is applicable under normal conditions. (c) Regulations for determining capacity. The infor mation relating to maximum load capacity required to appea r on capacity plates by Subsection (b) of this Section s hall be determined in accordance with such methods and form ulas as shall be prescribed by rule or regulation adopted b y the Guam Police Department. In prescribing such methods and formulas, the Guam Police Department shall be guided by and g ive due regard to the necessity for uniformity in methods a nd formulas lawful for use in determining small vessel capacity in the several states of the United States and to any methods and formulas which may be recognized or recommended by the Unite d States Coast Guard, or any agency successor thereto. (d) Vessels not having a capacity plate affixed. An y vessel to which this Section applies not having a capacity plate meeting the requirements of law affixed thereto by the manu facturer thereof may have such affixed by any other person i n accordance with such rules and regulations as the Guam Police Department may

meeting the requirements of law affixed thereto by the manu facturer thereof may have such affixed by any other person i n accordance with such rules and regulations as the Guam Police Department may prescribe, and may thereafter be offered for sa le in this Territory, but no action taken pursuant to this Sub section shall relieve any manufacturer from liability for failure to comply with the requirements of this Section. (e) Warranty. The information appearing on a capaci ty plate shall be deemed to warrant that the manufacturer, o r the person affixing the capacity plate as permitted by Subsect ion (d) of this Section, as the case may be, has correctly and fait hfully employed a method and formula for the calculation o f maximum weight capacity prescribed by the Guam Police Depar tment and that the information appearing on the capacity plat e with respect to maximum weight capacity and recommended number o f persons is the result of the application of such me thod and COL6/5/201910 GCA HEALTH AND SAFETY CH. 69 BOATING formula, and with respect to information concerning horsepower limitations that such information is not a delibera te or negligent misrepresentation.

OL6/5/201910 GCA HEALTH AND SAFETY CH. 69 BOATING formula, and with respect to information concerning horsepower limitations that such information is not a delibera te or negligent misrepresentation. (f) Impractical to affix capacity plate. If any ves sel required by this Section to have a capacity plate affixed th ereto is of such design or construction as to make it impracticable or undesirable to affix such plate, the manufacturer, or other per sons having the responsibility for affixing the plate, may represen t such impracticability or undesirability to the Guam Poli ce Department in writing. Upon determination by the Guam Police D epartment that such representation has merit and that a prope r and effective substitute for the capacity plate which will serve the same purpose is feasible, the Guam Police Department may authorize such alternative compliance and such alternative co mpliance shall thereafter be deemed in compliance with the c apacity plate requirement of this Section. (g) Unconventional design. The Guam Police Departme nt may by rules and regulations exempt from the requir ements of this Section vessels which it finds to be of such u nconventional design or

ction. (g) Unconventional design. The Guam Police Departme nt may by rules and regulations exempt from the requir ements of this Section vessels which it finds to be of such u nconventional design or construction that the information require d on capacity plates would not assist in promoting safety or is n ot reasonably obtainable. (h) Violation. Failure to affix a proper capacity p late shall constitute a separate violation for each vessel wit h respect to which such failure occurs. (i) Authority to issue regulations. The Guam Police Department is authorized to issue rules and regulat ions to carry out the purposes of this Section. (j) Effective date. This Section shall apply to ves sels manufactured after January 1, 1973. SOURCE: GC § 8995.21, as renumbered by P.L. 15-54. 2019 NOTE: Subsection designations altered pursuant to authori ty granted by 1 GCA § 1606. § 69121. Regattas, Races, Marine Parades, Tournamen ts or Exhibitions. (a) Agency may regulate. The Guam Police Departmen t may regulate the holding of regattas, motorboat or other boat COL6/5/201910 GCA HEALTH AND SAFETY CH.

Marine Parades, Tournamen ts or Exhibitions. (a) Agency may regulate. The Guam Police Departmen t may regulate the holding of regattas, motorboat or other boat COL6/5/201910 GCA HEALTH AND SAFETY CH. 69 BOATING races, marine parades, tournaments or exhibitions w hich, by their nature, circumstance or location will introduce ext ra or unusual hazards to the safety of life on any waters of this Territory. It shall adopt and may from time to time amend regulat ions concerning the safety of motorboats and other vesse ls and persons thereon, either observers or participants. Whenever a regatta, motorboat or other boat race, marine parad e, tournament 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 Guam Police Department for permission to h old such regatta, motorboat or other boat race, marine parad e, tournament or exhibition. The application shall set forth the date, time and location where it is proposed to hold such regatta, motorboat or other boat race, marine parade, tournament or exhib ition, and such other information as the Guam Police Departmen t may by regulation require and it

it is proposed to hold such regatta, motorboat or other boat race, marine parade, tournament or exhib ition, and such other information as the Guam Police Departmen t may by regulation require and it shall not be conducted wi thout authorization of the Guam Police Department. (b) Permit by U.S. Agency. The provisions of this S ection shall not exempt any person from compliance with an y applicable Federal law or regulation, but nothing c ontained herein shall be construed to require the securing o f a territorial permit pursuant to this Section if a permit therefo r has been obtained from an authorized agency of the United St ates. SOURCE: GC § 8995.22, as renumbered by P.L. 15-54. § 69122. Territorial Waterway Marker System. (a) Definitions: (1) Aids to navigation mean buoys, beacons or other fixed objects in the water which are used to mark obstruction to navigation or to direct safe channel s. (2) Regulatory markers mean any anchored or fixed marker in or on the water or sign on the shore or o n a bridge over the water other than aids to navigation and sh all include but not be limited to bathing markers, spee d zone markers, information markers, danger zone markers, boat keep

e shore or o n a bridge over the water other than aids to navigation and sh all include but not be limited to bathing markers, spee d zone markers, information markers, danger zone markers, boat keep out areas and mooring buoys. (b) Department may make regulations. The Guam Poli ce Department may, subject to the provisions of the Ad ministrative COL6/5/201910 GCA HEALTH AND SAFETY CH. 69 BOATING Adjudication Act, make rules for the uniform markin g of the water areas in this Territory through the placement of aids to navigation and regulatory markers. Such rules shall establish a marking system compatible with the system of aids t o navigation prescribed by the United States Coast Guard. No per son shall mark or obstruct the waters of this Territory in an y manner so as to endanger the operation of watercraft or conflict with the marking system prescribed by the Guam Police Depart ment. (c) Violation of regulatory type markers. It shall be unlawful for a person to operate a vessel on the wa ters of this Territory in a manner other than that prescribed or permitted by regulatory markers. (d) Interference with aids or markers.

t shall be unlawful for a person to operate a vessel on the wa ters of this Territory in a manner other than that prescribed or permitted by regulatory markers. (d) Interference with aids or markers. No person sh all moor or fasten a vessel to any aid to navigation or regu latory marker except a mooring buoy and no person shall wilfully damage, tamper, remove, obstruct or interfere with any aid to navigation or regulatory marker whatsoever. SOURCE: GC § 8995.23, as renumbered by P.L. 15-54. § 69123. Authority for Special Rules. The Guam Police Department is hereby authorized to make special rules and regulations with reference to the operation of vessels on any waters within the territorial limits of Guam. SOURCE: GC § 8995.24, as renumbered by P.L. 15-54. § 69124. Comprehensive Safety and Educational Progr am. The Guam Police Department is hereby authorized to inaugurate a comprehensive boating safety and boati ng education program, to establish appropriate advisor y committees, and to seek the cooperation of boatmen, the Federal government and other states of the United States. The Guam Pol ice Department may issue safety certificates to persons who complete courses in boating

to seek the cooperation of boatmen, the Federal government and other states of the United States. The Guam Pol ice Department may issue safety certificates to persons who complete courses in boating safety education. SOURCE: GC § 8995.25, as renumbered by P.L. 15-54. § 69125. Owner's Civil Liability. The owner of a vessel shall be liable for any inju ry or damage occasioned by the negligent operation of suc h vessel whether such negligence consists of a violation of the provisions COL6/5/201910 GCA HEALTH AND SAFETY CH. 69 BOATING of the statutes of this Territory or neglecting to observe such ordinary care in such operation as the rules of com mon law require. The owner shall not be liable, however, un less such vessel is being used with his or her expressed or i mplied consent. It shall be presumed that such vessel is being oper ated with the knowledge and consent of the owner, if at the time of the injury or damage, it is under control of his or her spouse , father, mother, brother, sister, son, daughter or other imm ediate member of the owner's family. Nothing contained herein sha ll be construed to relieve any other person from any liab ility which he would otherwise have,

er, sister, son, daughter or other imm ediate member of the owner's family. Nothing contained herein sha ll be construed to relieve any other person from any liab ility which he would otherwise have, but nothing contained herein shall be construed to authorize or permit any recovery in ex cess of injury or damage actually incurred. SOURCE: GC § 8995.26, as renumbered by P.L. 15-54. § 69126. Filing of Regulations. A copy of the rules and regulations adopted pursua nt to this Chapter, and of any amendments thereto, shall be fi led in the office of the Guam Police Department. Rules and reg ulations shall be published by the Guam Police Department in convenient form. SOURCE: GC § 8995.27, as renumbered by P.L. 15-54. § 69127. Coordination Under Federal Laws. (a) The Chief of Police shall be the territorial a dministrator under the Federal Boating Safety Act of 1972. (b) The Director shall cooperate with the United St ates Coast Guard and other appropriate agencies of the F ederal government in the enforcement of this Act and all a pplicable federal statutes, rules and regulations relating to boating on Guam. SOURCE: GC § 8995.28, as renumbered by P.L. 15-54. § 69128. Enforcement.

rnment in the enforcement of this Act and all a pplicable federal statutes, rules and regulations relating to boating on Guam. SOURCE: GC § 8995.28, as renumbered by P.L. 15-54. § 69128. Enforcement. (a) Authority to stop and board. Any person empowe red to enforce the provisions of this Act and of any rule or regulation adopted pursuant thereto shall have the authority t o stop and board any vessel subject to this Act for the purpos e of inspection or determining compliance with this Act or any such rule or COL6/5/201910 GCA HEALTH AND SAFETY CH. 69 BOATING regulation, and is empowered to issue a summons for appearance in court or before a magistrate for all violations of this Act or of the rules and regulations prescribed thereunder. Ve ssels of law enforcement personnel shall be marked to identify t hem as designated enforcement vessels. (b) Vessels required to cooperate. Every vessel sub ject to this Act if under way and upon being hailed by a de signated 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.

hailed by a de signated 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 pers on employed or elected by this Territory whose duty is to preserve the peace or to make arrest or to enforce the law i s empowered to enforce the provisions of this Act. The Guam Police Department shall be primarily responsible for enforcement of t his Act and rules and regulations issued thereunder. SOURCE: GC § 8995.29, as renumbered by P.L. 15-54. § 69129. Penalties. (a) Any person who violates any provision of ''69102, 69104, 69113, 69115, 69117 and 69121 of this Chapte r or the implementing regulations shall be guilty of a viola tion and shall be subject to a fine of not less than Ten Dollars ( $10.00) nor more than Fifty Dollars ($50.00) for each such viol ation. (b) Any person who violates any provision of ''69114 and 69119 of this Chapter or the implementing regulatio ns shall be guilty of a violation and shall be subject to a fin e of not less than Twenty-Five Dollars ($25.00) nor more than One Hund red Dollars ($100.00) for each such violation.

menting regulatio ns shall be guilty of a violation and shall be subject to a fin e of not less than Twenty-Five Dollars ($25.00) nor more than One Hund red Dollars ($100.00) for each such violation. (c) Any person who violates any provision of ''69116, 69120 and 69122 of this Chapter or the implementing regulations shall be guilty of a petty misdemeanor. (d) Any person convicted of reckless or negligent o peration or manipulation of any water skis, aquaplane, surfb oard, or similar device while under the influence of intoxic ating liquids, narcotic drugs, barbiturates or marijuana may, in a ddition to the above penalties, be prohibited by the court having jurisdiction of such violation, from operating any water skis, aqua plane, COL6/5/201910 GCA HEALTH AND SAFETY CH. 69 BOATING surfboard, or similar device on any waters of this Territory for a period of not more than two (2) years. SOURCE: GC § 8995.21, as amended by P.L. 13-187; renumbere d to '8995.30 by P.L. 15-54. Subsection (d) repealed and reenacted by P.L. 24-87:4. 2019 NOTE: Pursuant to P.L. 35-005:4, marijuana was 'declassi fied as a Schedule 1 Controlled Substance.' See Compiler’s annotation to § 69116, infra .

ion (d) repealed and reenacted by P.L. 24-87:4. 2019 NOTE: Pursuant to P.L. 35-005:4, marijuana was 'declassi fied as a Schedule 1 Controlled Substance.' See Compiler’s annotation to § 69116, infra . § 69130. Severability. If any provision of this Act or the application th ereof to any person or circumstances is held invalid, the invali dity shall not affect other provisions or applications of this Act which can be given effect without the invalid provision or appli cation, and to this end the provisions of this Act are severable. SOURCE: '8995.31 as renumbered by P.L. 15-54. ---------- ARTICLE 2 OFFENSES INVOLVING ALCOHOL AND CONTROLLED SUBSTANCES § 69200. Definitions. § 69201. Influence of Alcohol and Controlled Subst ances; Causing Bodily Injury to Person Other than Dr iver; Alcoholic Content in Blood; Proof. § 69202. Operating While Intoxicated; Presumptions . § 69203. Conviction of First Violation of '69201. Punishment. § 69204. Second Conviction of '69201; Punishment. § 69205. Conviction of Violation of '69201 Within Five Years After Two Violations; Punishment. § 69206. Conviction of Violation of '69201 Within Five Years of Three or More Violations of Designated Sections;

Conviction of Violation of '69201 Within Five Years After Two Violations; Punishment. § 69206. Conviction of Violation of '69201 Within Five Years of Three or More Violations of Designated Sections; Punishment. § 69207. Forfeiture of Motorboat or Vessel. § 69208. Conviction Involving a Child. § 69209. Motorboat or Vessel Negligence; Third Deg ree Felony. COL6/5/201910 GCA HEALTH AND SAFETY CH. 69 BOATING § 69210. Motorboat or Vessel Homicide; Classified. § 69211. Use of Controlled Substance as Defense to Violations. § 69212. Implied Consent of Operator of a Motorboa t or Vessel to Submit to Blood, or Breath Testing to Determine Alcohol or Controlled Substances Content of Blood. SOURCE: This article was added by P.L. 24-87:2. § 69200. Definitions. As used in this Chapter: (a) Operating under the influence or while intoxicated means any person operating or in physical control o f any motorboat or vessel, or similar device under the in fluence of an alcoholic beverage or a controlled substance or a c ombination thereof, when as a result of consuming such alcohol ic beverage or controlled substance or the combination thereof, his or her physical or mental abilities are impaired to

substance or a c ombination thereof, when as a result of consuming such alcohol ic beverage or controlled substance or the combination thereof, his or her physical or mental abilities are impaired to such a degree that he or she no longer has the ability to operate the mot orboat or vessel with the caution characteristics of a sober person of ordinary prudence, under the same or similar circumstance, a nd includes any person operating or in actual physical control of a motorboat or vessel, or similar device, who has eight one-hun dredths of one percent (0.08%) or more, by weight, of alcohol in h is or her blood. (b) Percent of alcohol by weight hall be based upon grams of alcohol per one hundred (100) milliliters of blo od. (c) Prior offense of operating under the influence includes a conviction based on laws regarding the operation of motorboats or vessels under the influence in effect prior to e nactment of this Chapter, or under laws in any other jurisdiction in the world if the offense upon which the conviction is based woul d, if committed in Guam, be a violation of '69201 of this Chapter.

actment of this Chapter, or under laws in any other jurisdiction in the world if the offense upon which the conviction is based woul d, if committed in Guam, be a violation of '69201 of this Chapter. (d) Controlled substances means those so defined by Chapter 67, Title 9, Guam Code Annotated, the Unifo rm Controlled Dangerous Substances Act. COL6/5/201910 GCA HEALTH AND SAFETY CH. 69 BOATING (e) Motorboat or Vessel Homicide means a person who does any act forbidden by law in the operation of a moto rboat or vessel or who negligently operates a motorboat or v essel, which act or negligence proximately causes death to any p erson other than the operator. (f) Motorboat or Vessel homicide while intoxicated means a person, while operating a motorboat or vessel under the influence does any act forbidden by law in the oper ation of a motorboat or vessel or if he or she negligently ope rates a motorboat or vessel, which act or negligence proxim ately causes death to any person other than the operator. (g) Negligence means the failure to use the ordinary or reasonable care which a person of ordinary prudence would use in order to avoid injury to himself or others under similar

er than the operator. (g) Negligence means the failure to use the ordinary or reasonable care which a person of ordinary prudence would use in order to avoid injury to himself or others under similar circumstances. (h) Reasonable cause means such a state of facts as would lead a person of ordinary care and prudence to beli eve and conscientiously entertain an honest strong suspicio n that the person operating and in physical control of a motor boat or vessel is under the influence of alcohol or of a controlle d substance or of a combination thereof. § 69201. Influence of Alcohol and Controlled Substa nces; Causing Bodily Injury to Person Other than Operator ; Alcoholic Content in Blood; Proof. (a) It is unlawful for any person, while under the influence of an alcoholic beverage or any controlled substanc e, or under the combined influence of an alcoholic beverage and any con- trolled substance, to operate or be in physical con trol of any motorboat or vessel, or similar device. (b) It is unlawful for any person, while having eig ht one- hundredths of one percent (0.08%) or more, by weigh t, of alcohol in his or her blood to operate or be in phy sical control of any motorboat or

It is unlawful for any person, while having eig ht one- hundredths of one percent (0.08%) or more, by weigh t, of alcohol in his or her blood to operate or be in phy sical control of any motorboat or vessel, or similar device. (c) It is unlawful for any person, while under the influence of an alcoholic beverage or any controlled substanc e, or under the combined influence of an alcoholic beverage and any controlled substance, to operate or be in physical control of any COL6/5/201910 GCA HEALTH AND SAFETY CH. 69 BOATING motorboat or vessel, or similar device and, when do ing so, do any act forbidden by law or neglect any duty impose d by law in the operation of such device or who negligently ope rates such device, which act or neglect or negligence proximat ely causes bodily injury to any person other than the operator . (d) It is unlawful for any person, while having eig ht one- hundredths of one percent (0.08%) or more, by weigh t, of alcohol in his or her blood to operate or be in phy sical control of any motorboat or vessel, or similar device and, whe n doing so, do any act forbidden by law or neglect any duty imp osed by law in the operation of such vessel, which act or negle

hy sical control of any motorboat or vessel, or similar device and, whe n doing so, do any act forbidden by law or neglect any duty imp osed by law in the operation of such vessel, which act or negle ct proximately causes bodily injury to any person other than the o perator. (e) In any prosecution under this Section, it is a rebuttable presumption that the person with eight one-hundredt hs of one percent (0.08%) or more, by weight, of alcohol in h is or her blood at the time of operating or in actual physica l control of any motorboat or vessel, or similar device is under the influence of alcohol if the person had eight one-hundredths of o ne percent (0.08%) or more, by weight, of alcohol in his or he r blood at the time of the performance of a blood or breath test w ithin three (3) hours after the driving. (f) In proving the person neglected any duty impose d by law in the operation of any motorboat or vessel, or sim ilar device, it is not necessary to prove that any specific Section of this Title was violated. (g) (1) Notwithstanding the other provisions of thi s Section, a person under the age of eighteen (18) sh all be guilty of a violation of Subsections (b) or (d) of this

on of this Title was violated. (g) (1) Notwithstanding the other provisions of thi s Section, a person under the age of eighteen (18) sh all be guilty of a violation of Subsections (b) or (d) of this Section if such person shall be found within three (3) hour s of his or her arrest for a violation of this Section to have four one- hundredths of one percent (0.04%) or more, by weigh t, of alcohol in his or her blood. (2) A person convicted for the first time of a viol ation of Item (1) of this Subsection shall be guilty of a misdemeanor. § 69202. Driving While Intoxicated; Presumptions. COL6/5/201910 GCA HEALTH AND SAFETY CH. 69 BOATING (a) Upon the trial of any criminal action, or prel iminary proceeding in a criminal action, arising out of act s alleged to have been committed by any person while operating o r being in actual physical control of any motorboat or vessel, or similar device, while under the influence of an alcoholic b everage in violation of Subsections (b) or (d) of '69201 of this Chapter, the amount of alcohol in the person's blood at the time of the test as shown by an analysis of that person's blood or brea th shall give rise to the following presumptions

of '69201 of this Chapter, the amount of alcohol in the person's blood at the time of the test as shown by an analysis of that person's blood or brea th shall give rise to the following presumptions affecting the bu rden of proof: (1) If there was at that time less than eight one- hundredths of one percent (0.08%) by weight of alco hol in the person's blood, that fact shall not give rise t o any presumption that the person was or was not under th e influence of an alcoholic beverage, but the fact ma y be considered with other competent evidence in determi ning whether the person was under the influence of an al coholic beverage at the time of the alleged offense. (2) If there was at that time eight one-hundredths of one percent (0.08%) or more by weight of alcohol in the person's blood, it shall be presumed that the perso n was under the influence of an alcoholic beverage at the time of the alleged offense. (b) Before such presumptions are made in cases invo lving a breath test, the prosecuting attorney must show the following by a preponderance of the evidence: (1) that the instrument used for the test was prope rly checked and in proper working order at the time of conducting

prosecuting attorney must show the following by a preponderance of the evidence: (1) that the instrument used for the test was prope rly checked and in proper working order at the time of conducting the test; (2) that any chemicals employed in the test were of the correct kind and compounded in the proper proportio ns; (3) that the person had nothing in his mouth at the time of the test and that he had taken no food or drink within fifteen (15) minutes prior to taking the test; (4) that the test was given by a qualified operator and in the proper manner. COL6/5/201910 GCA HEALTH AND SAFETY CH. 69 BOATING The provisions of this Subsection shall not be cons trued as limiting the introduction of any other competent ev idence bearing upon the question whether the person ingest ed any alcoholic beverage or was under the influence of an alcoholic beverage at the time of the alleged offense. § 69203. Conviction of First Violation of § 69201; Punishment. (a) If any person is convicted of a first violation of '69201 of this Chapter, that person shall be guilty of a m isdemeanor and shall be punished by imprisonment in the custody of the Department of Corrections (‘DOC’) or the Guam Polic

irst violation of '69201 of this Chapter, that person shall be guilty of a m isdemeanor and shall be punished by imprisonment in the custody of the Department of Corrections (‘DOC’) or the Guam Polic e Department (‘GPD’) for not less than a mandatory fo rty-eight (48) hours nor more than one (1) year and a fine of not less than One Thousand Dollars ($1,000) nor more than Five Th ousand Dollars ($5,000). In addition, the judge may impose any additional penalties, including requiring the offen ders to pay restitution to persons injured or for property dama ged. (b) The court may order that any person punished un der this Section, who is to be punished by imprisonment by D OC or GPD, be imprisoned on days other than days of regul ar employment of the person, as determined by the cour t. (c) The court may order that any person punished un der this Section be prohibited from operating any motorboat or vessel on any waters of this Territory for a period of not mo re than two (2) years. § 69204. Second Conviction of § 69201; Punishment. (a) If any person is convicted of a violation of § 69201 of this Chapter and the offense occurred within five ( 5) years of a separate conviction of a

69204. Second Conviction of § 69201; Punishment. (a) If any person is convicted of a violation of § 69201 of this Chapter and the offense occurred within five ( 5) years of a separate conviction of a violation of said § 69201 or of conviction of a prior offense as defined in § 69201 (c) of this Chapter, that person shall be guilty of a misdemean or and shall be punished by imprisonment in the custody of DOC o r GPD for not less than a mandatory seven (7) days nor more t han two (2) years and by a fine of not less than Two Thousand D ollars ($2,000.00) nor more than Five Thousand Dollars ($5 ,000.00). (b) The court may order that any person punished un der this Section be prohibited from operating any motorboat or vessel on COL6/5/201910 GCA HEALTH AND SAFETY CH. 69 BOATING any waters of this Territory for a period of not mo re than three (3) years. § 69205. Conviction of Violation of § 69201 Within Five Years After Two Violations; Punishment. (a) If any person is convicted of a violation of § 69201 of this Chapter and the offense occurred within five ( 5) years of two (2) separate convictions of a violation of said § 69201 or of two (2) separate convictions of a prior offense as

tion of § 69201 of this Chapter and the offense occurred within five ( 5) years of two (2) separate convictions of a violation of said § 69201 or of two (2) separate convictions of a prior offense as defined in § 69201(c) of this Chapter, or any combination thereo f resulting in two (2) or more prior convictions, that person shal l be guilty of a felony of the third degree and shall be punished by imprisonment in the custody of DOC or GPD for not less than a ma ndatory ninety (90) days and not more than five (5) years a nd by a fine of not less than Three Thousand Dollars ($3,000.00) no r more than Five Thousand Dollars ($5,000.00). (b) The court may order that any person punished un der this Section be prohibited from operating any motorboat or vessel on any waters of this Territory for a period of not mo re than five (5) years. § 69206. Conviction of Violation of § 69201 Within Five Years of Three or More Violations of Designated Sec tions; Punishment. (a) If any person is convicted of a violation of § 69201 of this Chapter and the offense occurred within five ( 5) years of three (3) or more separate convictions of a violati on of said § 69201 or of three (3) or more separate

ed of a violation of § 69201 of this Chapter and the offense occurred within five ( 5) years of three (3) or more separate convictions of a violati on of said § 69201 or of three (3) or more separate convictions of a prior offense as defined in § 69201(c) of this Chapter, o r any combination thereof resulting in three (3) or more prior convictions, that person shall be punished by impri sonment in the custody of DOC or GPD for not less than a manda tory one (1) year nor more than six (6) years, and by a fine of not less than Four Thousand Dollars ($4,000.00) nor more tha n Seven Thousand Dollars ($7,000.00). (b) The court may order that any person punished un der this Section be prohibited from operating any motorboat or vessel on any waters of this Territory for a period of not mo re than seven (7) years. COL6/5/201910 GCA HEALTH AND SAFETY CH. 69 BOATING § 69207. Forfeiture of Motorboat or Vessel . (a) Any person convicted of violating the provision s of § 69201 of this Chapter three (3) or more times, as p rovided in § 69206 of this Chapter, shall forfeit the motorboat or vessel in which the third offense, or more, was committed.

the provision s of § 69201 of this Chapter three (3) or more times, as p rovided in § 69206 of this Chapter, shall forfeit the motorboat or vessel in which the third offense, or more, was committed. H owever, in those cases where there is a showing of extreme cir cumstances, or where the motorboat or vessel is owned by a pers on other than the person convicted of three (3) or more violation s of said § 69201, and the owner had no knowledge that the moto rboat or vessel would be driven by an intoxicated person and that the driver had been convicted of prior violations of sa id ' 69201, the court may order that there be no forfeiture of the motorboat or vessel. (b) At the time of arrest for an offense under said § 69201, the motorboat or vessel in which the offense was co mmitted shall be impounded by GPD and released only upon th e approval of the Prosecution Division of the Attorney General 's Office when it is determined that the motorboat or vessel is not subject to forfeiture under this Section. The seizure and forfeiture of the motorboat or vessel shall be enforced by GPD, and t he motorboat or vessel shall be disposed of in accorda nce with those provisions of law relating

er this Section. The seizure and forfeiture of the motorboat or vessel shall be enforced by GPD, and t he motorboat or vessel shall be disposed of in accorda nce with those provisions of law relating to assets forfeitu re by public sale or auction at such times as GPD may choose to condu ct such sale or auction. The profits made from such sale or auc tion shall be deposited into the Special Assets Forfeiture Fund, under the Local Assets Forfeiture Account. The Chief of Poli ce of GPD shall convey clear title as owner of said confiscat ed motorboat or vessel, subject to any perfected security interests in said motorboat or vessel. SOURCE: Amended by P.L. 26-120:5. 2019 NOTE: Subsection designations added pursuant to authority granted by 1 GCA § 1606 § 69208. Conviction Involving a Child. Notwithstanding any other provision of law, a pers on convicted of a violation of § 69201 of this Chapter shall be guilty of a felony of the third degree if at the time of h is or her arrest the person was operating a motorboat or vessel in w hich a child under the age of sixteen (16) was a passenger or if a child under COL6/5/201910 GCA HEALTH AND SAFETY CH.

e time of h is or her arrest the person was operating a motorboat or vessel in w hich a child under the age of sixteen (16) was a passenger or if a child under COL6/5/201910 GCA HEALTH AND SAFETY CH. 69 BOATING the age of sixteen (16) was injured as a result of an accident in which the motorboat or vessel operated by the perso n was involved. § 69209. Motorboat or Vessel Negligence; Third Degr ee Felony. Any violation of Subsections (c) or (d) of § 69201 of this Chapter shall be a felony of the third degree. § 69210. Motorboat or Vessel Homicide; Classified. (a) A person is guilty of motorboat or vessel homi cide if, while, he or she does any act forbidden by law in t he operation of any motorboat or vessel or if he or she negligen tly operates a motorboat or vessel, which act or negligence proxim ately causes death to any person other than himself or herself. As allowed in § 4.45 of Title 9, Guam Code Annotated, in proving that the person did any act forbidden by law, it shall not b e necessary to prove that the person possessed a culpable mental s tate. Motorboat or vessel homicide is a felony of the sec ond degree and shall be punishable by imprisonment in the cust ody of DOC

e necessary to prove that the person possessed a culpable mental s tate. Motorboat or vessel homicide is a felony of the sec ond degree and shall be punishable by imprisonment in the cust ody of DOC and GPD for up to eight (8) years. (b) A person is guilty of motorboat or vessel homic ide while intoxicated if, while operating a motorboat or vess el in violation of § 69201 of this Chapter, he or she does any act forbidden by law in the operation of such motorboat or vessel or if he or she negligently operates a motorboat or vessel, which a ct or negligence proximately causes death to any person o ther than himself or herself. As allowed in § 4.45 of Title 9 , Guam Code Annotated, in proving that the person did any act f orbidden by law, it shall not be necessary to prove that the pe rson possessed a culpable mental state. Motorboat or vessel homicide while intoxicated is a felony of the second degree and sh all be punishable by imprisonment in the custody of DOC or GPD for not less than a mandatory five (5) years, and up to fifteen (15) years. The court may order that any person punished under this Subsection be prohibited from operating any motorbo at or vessel on any waters of

han a mandatory five (5) years, and up to fifteen (15) years. The court may order that any person punished under this Subsection be prohibited from operating any motorbo at or vessel on any waters of this Territory for a period of not more than ten (10) years. COL6/5/201910 GCA HEALTH AND SAFETY CH. 69 BOATING § 69211. Use of Controlled Substance as Defense to Violations. The fact that any person charged with operating a motorboat or vessel under the influence of alcohol or any con trolled substance or a combination thereof, in violation of § 69201 of this Chapter, is or has been entitled to use a cont rolled substance shall not constitute a defense against any violatio n of said § 69201. § 69212. Implied Consent of Operator of a Motorboat or Vessel to Submit to Blood, or Breath Testing to Det ermine Alcohol or Controlled Substances Content of Blood. (a) Any person who operates a motorboat or vessel within Guam’s Exclusive Economic Zone shall be deemed to h ave given consent to a blood or breath test for the pur pose of determining the alcohol or controlled substance con tent of the person's blood.

hin Guam’s Exclusive Economic Zone shall be deemed to h ave given consent to a blood or breath test for the pur pose of determining the alcohol or controlled substance con tent of the person's blood. (b) The blood or breath tests shall be administered at the request of the peace officer having reasonable caus e to believe the person operating or in actual physical control of a motorboat or vessel within Guam’s Exclusive Economic Zone is under the influence of alcohol or controlled substances only after: (1) a lawful arrest, and (2) the person has been informed by a peace officer that his or her refusal to be tested may be used in evidence against him or her in any charge arising f rom the arrest. (c) If there is probable cause to believe that a pe rson is in violation of § 69201 of this Chapter, then the pers on shall have the option of using a blood or breath test for the purpose of determining the alcohol or controlled substance con tent of that person’s blood. (d) No person, other than a physician, registered n urse, or person licensed in a clinical laboratory, may withd raw blood for the purpose of determining the alcohol or controlle d substance content thereof.

erson, other than a physician, registered n urse, or person licensed in a clinical laboratory, may withd raw blood for the purpose of determining the alcohol or controlle d substance content thereof. This limitation shall not be apply to the taking of a breath specimen. (e) The implied consent of a person to be tested sh all not be withdrawn by reason of the person's being dead, unc onscious or in any other state which renders the person incapab le of COL6/5/201910 GCA HEALTH AND SAFETY CH. 69 BOATING consenting or refusing to be tested. In such event, a test of the person's blood shall be administered. ---------- COL6/5/2019