Chapter 26

COL 0611201016GCA VEHICLES CH.26PASSENGER RESTRAINT DEVICES 1CHAPTER 26 PASSENGER RESTRAINT DEVICES § 26101. Child Restraint: Requirement. § 26102. Child Restraint: Standards. § 26103. Driver and Passenger. Seat Belt Required. § 26104. Violations. § 26105. Penalties. § 26106. Conviction of Violation of §§ 26101, 26 102, or 26103 Within One Year after Prior Violation; Penaltiies. § 26107. Coviction Involving Passengers Riding in the Truck Bed. NOTE : Chapter 26, §§ 26101 -26105, was added by P.L. 18-45:1and amended as indicated herein. § 26101. Child Restraint: Requir ement for Child Restraint System, Non-Booster Seat. The driver of a motor vehicle, as defined in Title 16, Guam Code Annotated, §1102(s), excluding a motorcycle, as defined in Title 16, Guam Code Annotated, §1102(q), in which a child under four (4) years of age is being transported, shall secure such child during transit in a child passenge r restraint system which meets federal motor vehicle safety standards and is used in accordance with the manufacturer’s operating instructions. SOURCE: § 2610 1added b y P.L. 18-45:1(Dec. 10, 1986) .Amended by P.L. 30 - 033:2 (June 16, 2009) ,effective Jan.

y standards and is used in accordance with the manufacturer’s operating instructions. SOURCE: § 2610 1added b y P.L. 18-45:1(Dec. 10, 1986) .Amended by P.L. 30 - 033:2 (June 16, 2009) ,effective Jan. 1, 2010 ,pursuant to P.L. 30 -033:9. § 26102. Child Restraint: Requirement for Child Restraint System, Booster Seat. The driver of a motor vehicle, as defined in Title 16, Guam Code Annotated, §1102(s), excluding a motorcycle, as defined in Title 16, Guam Code Annotated, §1102(q), in which a passenger less than four feet nine inches (4’9') tall and between four (4) and eleven (11) years of age is being transported, shal l secure such passenger during transit in a booster seat or appropriately fitting child restraint system that meets federal motor vehicle safety standards and is used in accordance with the manufacturer’s operating instructions. SOURCE: § 2610 2added by P .L.18-45:1(Dec. 10, 1986) .Amended by P.L. 30 - 033:3 (June 16, 2009) ,effective Jan. 1, 2010 ,pursuant to P.L. 30 -033:9. § 26103. Driver and Passenger(s). Seat Belts Required. COL 0611201016GCA VEHICLES CH.26PASSENGER RESTRAINT DEVICES 2Each driver and all passengers of a motor vehicle, as defined in Title 16, Gu

33:9. § 26103. Driver and Passenger(s). Seat Belts Required. COL 0611201016GCA VEHICLES CH.26PASSENGER RESTRAINT DEVICES 2Each driver and all passengers of a motor vehicle, as defined in Title 16, Gu amCode Annotated, §1102 (s), excluding a motorcycle, as defined in Title 16, Guam Code Annotated, §1102 (q), and excluding passengers covered under §§ 26101 and 26102 of this Chapter, shall be restrained by a seat belt assembly that meets federal motor ve hicle safety standards and is used in accordance with the assembly manufacturer’s operating instructions. (a) Passengers riding in the bed of a pickup truck are exempted from the requirement to utilize a seat belt assembly, as stated in this Section, provi ded, that the following criteria are met: (1) The bed of the pickup truck is surrounded on all four (4) sides by a secure vertical body extension, inclusive of a tailgate, that is at least fourteen (14) -inches high; (2) All seats in the cab of the pickup truck are occupied by a passenger; (3) Passengers in the bed of the truck are twelve (12) years of age or older; (4) Passengers in the bed of a pickup truck remain seated on the floor of the truck bed at all times; (5) Passengers

ger; (3) Passengers in the bed of the truck are twelve (12) years of age or older; (4) Passengers in the bed of a pickup truck remain seated on the floor of the truck bed at all times; (5) Passengers are notleaning agains t the tailgate of the pickup truck; and (6) There are no more than five (5) passengers riding in the bed of the pickup truck. SOURCE: § 2610 3added by P.L. 18-45:1(Dec. 10, 1986) .Amended by P.L. 30 - 033:4 (June 16, 2009), effective Jan. 1, 2010 ,pursuant to P.L. 30 -033:9. § 26104. Exemptions . Nodriver of a motor vehicle, as defined in Title 16, Guam Code Annotated, §1102(s), shall be in violation of §§ 26101, 26102 or 26103 of this Chapter if: (a) The motor vehicle being driven is participating in the annual Liberation Day parade, with said motor vehicle notexceeding a speed of ten miles per hour (10 mph); (b) The inadequately restrained individual has a condition that prevents appropriate restraint by the seat belt assembly or child restraint system. Such a condition must be duly certified by a COL 0611201016GCA VEHICLES CH.26PASSENGER RESTRAINT DEVICES 3physician who shall state the nature of the condition, as well as the reason such restraint is

uch a condition must be duly certified by a COL 0611201016GCA VEHICLES CH.26PASSENGER RESTRAINT DEVICES 3physician who shall state the nature of the condition, as well as the reason such restraint is inappropriate. For a physician’s statement to qualify under this Section, the physician giving the statement must state why use of a child restraint system or seat belt assembly by the person would be impractical or harmful to the person by reason of physical condition and medical issue. Such physician statement shall be in the possession of the individual; (c) The inadequately restrained individual is a passenger of an emergency, passenger transport vehicle or taxicab. As used in this Section, unless the context otherwise requires: (1) Emergency vehicle means an on -duty official ambulance, official firefighting v ehicle, official rescue vehicle, or official law enforcement vehicle; (2) Passenger transport vehicle means any vehicle operated to carry passengers en masse with: (A) gross vehicle weight rating of over ten thousand (10,000) pounds; (B) that is specifie d on the vehicle’s federal certification label by the manufacturer as any type of bus; or (C) that is classified as a

vehicle weight rating of over ten thousand (10,000) pounds; (B) that is specifie d on the vehicle’s federal certification label by the manufacturer as any type of bus; or (C) that is classified as a bus, orissued a bus license plate, by the Department of Revenue and Taxation; (3) Taxicab means any vehicle being licensed, operated or maintained for the transportation of persons for hire, compensation or profit, with a gross vehicle rating under ten thousand (10,000) pounds. (d) The vehicle being operated was manufactured before January 1, 1967. SOURCE: § 26104 added by P.L. 18-45:1(Dec. 10, 1986) .Amended by P.L. 30 - 033:5 (June 16, 2009), effective Jan. 1, 2010 ,pursu ant to P.L. 30 -033:9. Subsections (c) and (d) amended by P.L. 30 -122:1 (Apr. 1, 2010). § 26105. Conviction of First Violation of §§ 26101, 26102, or 26103; Penalties. Any driver convicted of violating §§ 26101, 26102, or 26103 of Title 16, Guam Code Annotated, shall be fined a sum no greater than One Hundred Dollars ($100) per violation.COL 0611201016GCA VEHICLES CH.26PASSENGER RESTRAINT DEVICES 4SOURCE: § 2610 5added by P.L. 18-45:1(Dec. 10, 1986) .Amended by P.L. 30 - 033:6 (June 16, 2009), effective Jan.

lars ($100) per violation.COL 0611201016GCA VEHICLES CH.26PASSENGER RESTRAINT DEVICES 4SOURCE: § 2610 5added by P.L. 18-45:1(Dec. 10, 1986) .Amended by P.L. 30 - 033:6 (June 16, 2009), effective Jan. 1, 2010 ,pursuant to P.L. 30 -033:9. § 26106. Conviction of Violation of §§ 26101, 26102, or 26103 Within One Year after Prior Violation; Penalties. Any driver convicted of violating §§ 26101, 26102, or 26103 of Title 16, G uam Code Annotated, and the offense occurred within one (1) year of a separate conviction for violations of either § 26101, § 26102, or § 26103, shall be fined a sum no greater than Two Hundred Dollars ($200) per violation. SOURCE : Added by P.L. 30 -033:7 (June 16, 2009) , effect iveJan. 1, 2010 pursuant to P.L. 30 -033:9. §26107. Conviction Involving Passengers Riding in the Truck Bed. (a) Notwithstanding any other provision of law, a person convicted of violating §3301 of Title 16, Guam Code Annotated, sha ll be fined One Hundred Dollars ($100) for each passenger riding in the truck bed. This fine is in addition to, and not in lieu of, the fines or penalties incurred for driving in excess of the speed limit. SOURCE: Added by P.L.

ars ($100) for each passenger riding in the truck bed. This fine is in addition to, and not in lieu of, the fines or penalties incurred for driving in excess of the speed limit. SOURCE: Added by P.L. 30 -033:8 (June 16, 2009) , effect ive, Jan. 1, 2010, pursuant to P.L. 30 -033:9. -------