Guam Administrative Code

§4131. Same: Duty Upon Striking Unattended Vessel or Other Property. The operator of any vessel which is involved in a boating accident, with any vessel or other property which is unattended resulting in any damage to such other vessel or property shall, so far as he can without …

§4132. Same: Immediate Notice of Accident - When Required. (a) The operator of any vessel which is involved in a boating accident as de fined in 2 GAR §8101(b)(6) if the casualty results in death or injury of any person sufficient to cause reasonable belief that such injury will …

§4133. Same: Written Boating Accident Report - When Required. (a) Whenever a boating accident results in: (1) loss of life or the disappearance of any person; (2) injury causing any person to remain incapacitated for a period in excess of seventy-two (72) hours; (3) actual damage…

§4134. Same: Accident Reports Not Public Records. (a) All written reports required in §4133 to be forwarded to the Department by the operators or owners of vessels involved in accidents shall be without prejudice to the individual so reporting and shall be for the confidential us…

§4135. Same: False Reports. No person shall give information in oral or written reports as required in this CH. 4 - TERRITORIAL BOATING REGULATIONS - 1997 - P. 28 Part knowing or having reason to believe that such information is false.

§4136. Same: Boating Accident Reports - Contents. (a) Written reports of boating accidents submitted in accordance with §4133 shall be submitted on forms furnished by the Department and must contain the following information: (1) The identity of vessels involved. (2) The locality…

§4137. Same: Transmittal of Statistical Information. In accordance with any request duly made by an authorized official or agency of the United States, any CH. 4 - TERRITORIAL BOATING REGULATIONS - 1997 - P. 29 information relating to boating accidents compiled or otherwise avail…

§4138. Same: Reporting Non-Resident Boating Accidents. The Department, upon receiving a written boating accident report, concerning a vessel numbered in another state which was involved in such accident, is authorized to forward a certified copy of such report to the boating admi…

§4139. Same: Investigation of Accidents by Department. The Department may investigate any boating accident and prepare a report which will be for the confidential use of administrative and enforcement agencies only, including but not limited to agencies of the United States.

§4140. Same: Boating, Accident Records - Held Five (5) Years. Records pertaining to any boating accident shall be retained by the Department for a period of five (5) years. At the expiration of such period said records shall be destroyed except in those instances where litigation…

§4141. Vessel Classification and Equipment Requirements: Classification of Motorboats . For the purposes of these Rules and Regulations, motorboats shall be divided into the following classes: (a) Class A. Less than sixteen (16) feet in length. (b) Class 1. Sixteen (16) feet or o…

§4142. Same: Lights. (a) Every motorboat when underway on Inland Waters from sunset to sunrise shall carry and exhibit the following lights, and during such time no other light which may be mistaken for those prescribed shall be exhibited: (1) Every motorboat of Classes A and 1 s…

§4143. Same: Whistle or Other Sound Producing Mechanical Appliance: While Operating on Inland Waters. (a) A motorboat shall be provided with an efficient whistle, horn or other sound producing device as set forth in Table I. CH. 4 - TERRITORIAL BOATING REGULATIONS - 1997 - P. 32 …

§4144. Same: Same: While Operating on the High Seas . (a) A motorboat of forty (40) feet or more in length shall be provided with an efficient whistle, sounded by steam or some substitute for steam, so placed that the sound may not be intercepted by any obstruction, and with an e…

§4145. Same: Sirens. No vessel shall be equipped nor shall any person use upon such vessel a siren except as follows: (a) Any vessel authorized by the Director in writing may be equipped with a siren, capable of emitting a sound audible under normal conditions from a distance of …

§41450. Same: Same: Barge Carrying Passengers for Hire. A barge carrying passengers for hire when regularly operated with any power driven vessel shall be provided with: An approved adult type life preserver for each person on board and, in addition, unless the service is such th…

§4146. Same: Unnecessary Use of Sound Signalling Device Prohibited . Giving unnecessary sound signals is prohibited.

§4147. Same: Life Preserver and Other Lifesaving Equipment: Vessels Less Than Forty (40) Feet in Length. (a) Carrying Passengers for Hire. A vessel less than forty (40) feet in length carrying passengers for hire shall be provided with an approved adult type life preserver for ea…

§4148. Same: Same: Vessels Over Forty (40) Feet and Not More Than Sixty-Five (65) Feet in Length. (a) Carrying Passengers for Hire. A vessel over forty (40) feet and not more than sixty-five (65) feet carrying passengers for hire shall be provided with an approved adult type life…

§4149. Same: Same: Vessels Over Sixty-Five (65) Feet in Length. (a) Carrying Passengers for Hire . A vessel over sixty-five (65) feet in length carrying passengers for hire shall carry an approved adult type life preserver for each person on board and, in addition, unless the ser…

§4150. Same: Same: Barge Carrying Passengers for Hire.

§4151. Same: Fire Extinguishing Equip ment. Any vessel being operated on the waters of the territory of Guam shall be provided with approved fire extinguishers as prescribed in these Rules and Regulations, which shall at all times be maintained in good and serviceable condition f…

§4152. Same: Fire Extinguishers - Definitions. (a) B type fire extinguishe r means a fire extinguisher system suitable for extinguishing fires involving flammable liquids, greases and so forth. CH. 4 - TERRITORIAL BOATING REGULATIONS - 1997 - P. 35 (b) Hand portable fire extingui…

§4153. Same: Fire Extinguishing Equipment: Vaporizing Liquid Type Prohibited. A vaporizing liquid type fire extinguisher containing carbon tetrachloride or chlorobromethane or other toxic vaporizing liquids are not acceptable as equipment required by §4151.

§4154. Same: Same: Markings Required. Each hand portable fire extinguisher and semi- portable fire extinguishing system shall have permanently attached thereto an approved marine type label.

§4155. Same: Same: Requirement. (a) Class A, 1, 2 or 3 Motorboat. A Class A, 1, 2 or 3 motorboat shall carry at least the minimum number of hand portable fire extinguishers set forth below in Table II. CH. 4 - TERRITORIAL BOATING REGULATIONS - 1997 - P. 36 TABLE II Minimum number…

§4156. Same: Backfire Flame Control. (a) Every gasoline engine installed in a motorboat or motor vessel after April 25, 1940, except outboard motors, shall be equipped with an efficient means of backfire flame control. Installations made before November 19, 1952, need not meet th…

§4157. Same: Ventilation. (a) All motor boats or motor vessels, except open boats, the construction or decking over of which is commenced after April 25, 1940, which use fuel having a flash point of 110_ (degrees Fahrenheit) or less shall have at least two (2) ventilator ducts, f…

§4158. Same: Liquified Petroleum Gas. A vessel carrying passengers for hire on the waters of the territory of Guam may not use for heating, cooking or lighting, any liquified petroleum gas or any of those inflammable liquids which are prohibited by federal regulations or requirem…

§4159. Same: Mufflers. A vessel propelled by an internal combustion engine shall, when in operation, be equipped with an efficient muffler, underwater exhaust or other modern device in good working order and in constant operation capable of adequately muffling the sound of the ex…

§4160. Same: Recognition of Motorboat Examination Decals. In order to free enforcement personnel for other inspections and duties and in recognition of the exacting requirements of the Courtesy Motorboat Examination, enforcement personnel shall not stop and board any vessel prope…

§4161. Pilot Rules and Rules of the Road: Standard of Due Care. Vessels shall at all times be operated with due care for the rights and safety of persons and property.

§4162. Same: Rules of the Road. (a) Persons operating vessels on Inland Waters as defined in §4104 shall comply with the Inland Rules of the Road (33 U.S.C. 154) and any amendments thereto, which by reference are hereby incorporated in these Rules and Regulations and made a part …

§4163. Same: General Prudential Rules. In obeying and construing the rules in this Part, due regard shall be had to all dangers of navigation and collision and to any special circumstances which may render a departure from said rules necessary in order to avoid immediate danger.

§4164. Same: Pamphlet - Rules of the Road. All vessels over sixty-five (65) feet in length upon the Inland Waters of the territory of Guam shall, where practicable, carry on board and maintain for ready reference copies of the current edition of the United States Coast Guard Pamp…

§4165. Same: Rule of Good Seamanship . Nothing in these Rules and Regulations shall exonerate any vessel, or the owner or master or crew, thereof, from the consequences of any neglect to carry lights or signals or of any neglect to keep a proper lookout, or of the neglect of any …

§4166. Same: Distress Signals. (a) When a vessel is in distress and requires assistance from other vessels or from the shore, the following shall be the signals to be used for display by her, either together or separately, namely: (1) A gun or other explosive signal fired at inte…

§4167. Same: Careless Operation . No person shall operate any vessel in a careless or heedless manner so as to be grossly indifferent to the person or property of other persons, or at a rate of speed greater than will permit him in the exercise of reasonable care to bring the ves…

§4168. Same: Reckless Operation. No person shall operate any vessel in willful or wanton disregard for the safety of persons or property.

§4169. Same: Speed Restrictions. (a) No person shall operate a vessel on waters of the territory of Guam at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event, speed shall be so c…

§4170. Same: Persons Under the Influence of Intoxicating Liquor. (a) No person who is under the influence of intoxicating liquor shall operate or be in actual physical control of any vessel upon waters of the territory of Guam. (b) No owner of any vessel or any person in charge o…

§4171. Same: Persons Under the Influence of Drugs. No person who is a habitual user of or under the influence of any narcotic drug or who is under the influence of any drug to a degree which renders him incapable of safely operating a vessel shall operate a vessel on the waters o…

§4172. Same: Incapacity of Operator . No owner of any vessel or any person in charge or in control of a vessel shall authorize or knowingly permit the same to be operated by any person who by reason of physical or mental disability is incapable of operating such vessel under the …

§4173. Same: Interference With Navigation. No person shall operate any vessel in a manner which shall unreasonably or unnecessarily interfere with other vessels or with the free and proper navigation of the waterways of the territory of Guam. Anchoring under bridges or in restric…

§4174. Same: Overloading. No vessel shall be loaded with persons or cargo beyond its safe carrying capacity taking into consideration weather and other existing operating conditions.

§4175. Same: Overpowering. No vessel shall be equipped with any motor or other propulsion machinery beyond its safe power capacity taking into consideration the type and construction of such vessel and other existing operating conditions.

§4176. Same: Restricted Area . No person shall operate a vessel within a water area which has been clearly marked, in accordance with, and as authorized by, these Rules and Regulations, by buoys or some other distinguishing device as a bathing, swimming or otherwise restricted ar…