(a) Restriction. It is unlawful for a person to read, write, or send electronic messages, or use or be holding, a mobile phone or similar electronic communications device while driving a vehicle. (1) Definition. For the purposes of this Section, “driving” means operating a vehicle, with the motor running, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. Driving does not include operating a vehicle with or without the motor running when the driver moved the vehicle to the side of, or off, a highway, and halted in a location where the vehicle can safely remain stationary. (b) Exemptions. The restriction set forth in Subsection (a) shall not apply to voice communications being made under the following circumstances: (1) Emergency Calls. The driver is making an emergency call to law enforcement officials or other public emergency response services; or (2) [Repealed.] (3) Hands-free. The driver is using a mobile phone that is specifically designed and configured to allow hands-free listening and talking, through the use of Bluetooth, hard-wired, or similar technology, and is used only in such hands-free manner while driving. (A) Should an earpiece be utilized as part of the hands-free talking device, only one (1) such earpiece may be used by the person. (B) Medically prescribed hearing aids are not to be counted against the one (1) earpiece limit; or (4) Licensed Amateur Radio (Ham Radio). The driver is using only two (2)-way mobile radio transmitters or receivers and possesses a current and valid license from the Federal Communications Commission in the Amateur Radio Service; or (5) CB Radio and Similar. The driver is using a “half-duplex” only device. (A) Such device shall not have the ability to also conduct “full-duplex” communication. (B) For the purposes of this Subsection, “half-duplex” means the ability for two (2) or more electronic devices to communicate with each other, but in only one (1) direction at a time (not simultaneously), and inclusive of simplex technology; provided, that such technology permits for only voice communication in one (1) direction at a time. (c) Limits of Exemptions. The exemptions outlined in Subsections (b)(2) through (b)(5) of this Section shall only be extended to an individual with a valid Driver’s License. For the purposes of this Section, a Class A (Operator) or Class F (Motorcycle) Learner’s Permit, or a Class A (Operator) or Class F (Motorcycle) Intermediate License shall not constitute a Driver’s License. (d) Penalties. Any driver who violates the provisions of Subsections (a), (b) or (c) of this Section is guilty of a violation and shall be punished by a fine no less than One Hundred Dollars ($100.00). Repeat violations of this Section shall be punished by a fine no less than Five Hundred Dollars ($500.00). However, should a driver be found to have violated the provisions of this Section, and that said violation may have contributed to a traffic collision, then he or she is guilty of a violation punishable by a fine no less than One Thousand Dollars ($1,000), and may result in the suspension or revocation of driving privileges on Guam’s roadways.
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(e) Notwithstanding the provisions of § 9502 of Chapter 9.5 of Title 7, Guam Code Annotated, all fines collected under this Section shall be deposited into the Police Services Fund, and made available by appropriation by I Liheslaturan Guåhan. SOURCE: Added as § 3347 by P.L. 29-022:2 (Oct. 24, 2007), effective (6) months after enactment pursuant to P.L. 29-022:3. Codified to this section by the Compiler pursuant to 1 GCA § 1606. Amended by P.L. 31-194:2 (Feb. 28, 2012), effective (30) days after enactment pursuant to P.L. 31-194:5. 2015 NOTE: The amendment by P.L. 31-194:2 added a new subsection (b)(2) which stated: (2) Voice Communications Required for the Conduct of Commercial Transportation Operations. During the course of carrying out commercial transportation operations while in a vehicle bearing the logo of the company of employment. Said communications shall be voice-only and for the sole purpose of coordinating movement while on Guam’s roadways. (A) Such exemption, however, shall not apply to interstate commercial motor vehicle movements, or during any transportation of hazardous materials, as stipulated in 49 CFR Parts 177, 383, 384, 390, 391, and 392. (B) Section 3346 (b)(2) shall be repealed thirty (30) days after enactment of this Act; or[.] This provision was never enforceable, because the new language was to become effective 30 days after enactment, but subitem (b)(2)(B) provided the new language was to be repealed 30 days after enactment.