TITLE 150

DEPARTMENT OF PUBLIC SAFETY

 

Chapter 150-10          Department of Public Safety Rules and Regulations

Chapter 150-20          Boating Safety Division; Boating Safety Rules and Regulations

Chapter 150-30          [Reserved]

Chapter 150-40          [Reserved]

Chapter 150-50          Bureau of Motor Vehicles

Subchapter 150-50.1  License Plate Fees and Requirements Rules and Regulations

Subchapter 150-50.2  Motor Carrier Safety Regulations

Subchapter 150-50.3  Regulations Defining Heavy Equipment or Construction Vehicles with Right-hand Drive

Subchapter 150-50.4  Safety Helmet Rules and Regulations

Subchapter 150-50.5  Safety Inspection Stations Rules and Regulations

Subchapter 150-50.6  Mandatory Driver Education Rules and Regulations

Subchapter 150-50.7  Government Services Fees

Chapter 150-60          Police Division

Subchapter 150-60.1  Police Roadblocks and Checkpoints Regulations

Chapter 150-70          Firearms, Dangerous Device and Ammunition License and Identification Card Regulations

Chapter 150-80          Shooting Gallery Regulations

Chapter 150-90          Non-essential Services Fee Schedule Regulations

Chapter 150-100        Vehicle Impound Regulations

 

CHAPTER 150-10

DEPARTMENT OF PUBLIC SAFETY RULES AND REGULATIONS

 


Part 001          General Provisions

§ 150-10-001  Law Enforcement Code of Ethics

§ 150-10-005  Definitions

§ 150-10-010  Oath of Office

 

Part 100          Conduct and Responsibilities

§ 150-10-101  Standard of Conduct

§ 150-10-102  Loyalty

§ 150-10-104  Unwholesome Association

§ 150-10-106  Cooperation

§ 150-10-108  Assistance

§ 150-10-110  General Responsibilities

§ 150-10-112  Duty Functions

§ 150-10-114  Performance of Duty

§ 150-10-116  Insubordination

§ 150-10-118  Questions Regarding Assignment

§ 150-10-120  Knowledge of Laws and Regulations

§ 150-10-122  Obedience to Laws and Regulations

§ 150-10-124  Reporting Violations of Laws, Rules, or Orders

§ 150-10-126  Establishing Elements of Violations

§ 150-10-128  Conduct Toward Superior and Subordinate Officers and Associates

§ 150-10-130  Criticism of Orders

§ 150-10-132  Manner of Issuing Orders

§ 150-10-134  Unlawful Orders

§ 150-10-136  Obedience to Unlawful Orders

§ 150-10-138  Obedience to Unjust or Improper Orders

§ 150-10-140  Conflicting Orders

§ 150-10-142  Reports and Appeals; Unlawful, Unjust, Improper Orders

§ 150-10-144  Soliciting of Gifts, Gratuities, Fees, Rewards, Loans, Etc.

§ 150-10-146  Acceptance of Gifts, Gratuities, Fees, Loans, Etc.

§ 150-10-148  Rewards

§ 150-10-150  Disposition of Unauthorized Gifts, Gratuities, Etc.

§ 150-10-152  Free Admissions and Passes

§ 150-10-154  Other Transactions

§ 150-10-156  Debts; Incurring and Payment

§ 150-10-158  Desertion of Post

 

Part 200          General Conduct on Duty

§ 150-10-201  Prohibited Activity on Duty

§ 150-10-202  Loitering

§ 150-10-204  Military Courtesy

§ 150-10-206  National Colors and Anthem

§ 150-10-208  Roll Call

§ 150-10-210  Relief from Duty

§ 150-10-212  Meals

§ 150-10-214  Submission of Report

§ 150-10-216  Absence from Duty

§ 150-10-218  Inspections

§ 150-10-220  Training

§ 150-10-222  Physical Fitness for Duty

§ 150-10-224  Consumption of Intoxicants

§ 150-10-226  Intoxication

§ 150-10-228  Intoxicants on Departmental Premises

§ 150-10-230  Smoking While on Duty

§ 150-10-232  Possession of Keys

§ 150-10-234  Address and Telephone Numbers

§ 150-10-236  Chewing of Betelnut

§ 150-10-238  Chewing of Tobacco

§ 150-10-240  Absence from Duty

 

Part 300          Uniforms, Equipment and Appearance

§ 150-10-301  Introduction

§ 150-10-305  Wearing the Uniform

§ 150-10-310  Manner of Dress on Duty

§ 150-10-315  Equipment

§ 150-10-320  Registering Equipment with the Department

§ 150-10-325  Firearms Display and Discharge

§ 150-10-330  Uniform and Equipment Damage Claim

§ 150-10-335  Compensation for Other Damages Sustained on Duty

§ 150-10-340  Compensation for Damages Off-duty

§ 150-10-345  Wearing of Uniform While Off Duty

§ 150-10-350  Pins and/or Insignias

§ 150-10-355  Carrying of Badge and I.D.

 

Part 400          Department Property and Equipment

§ 150-10-401  Introduction

§ 150-10-405  Damaged/Inoperative Property or Equipment

§ 150-10-410  Care of Department Buildings

§ 150-10-415  Notices

§ 150-10-420  Manuals Maintenance

§ 150-10-425  Surrender of Department Property

§ 150-10-430  Department Vehicles; Use

§ 150-10-435  Transporting Citizens

§ 150-10-440  Reporting Accidents

§ 150-10-445  Presumption of Responsibility

§ 150-10-450  Vehicles Equipped with Emergency and First-aid

 

Part 500          Communications, Correspondence

§ 150-10-501  Restrictions

§ 150-10-505  Forwarding Communications to Higher Commands

§ 150-10-510  Department Address (Private Use of)

§ 150-10-515  Telephones

§ 150-10-520  Radio Discipline

 

Part 600          Death and Injury Notification

§ 150-10-601  Death or Serious Injury

§ 150-10-605  Non-serious Injury

§ 150-10-610  Death of Employee

§ 150-10-615  Notification of Family

 

Part 700          Investigation, Arrests, and Detentions

§ 150-10-701  Command at Scene

§ 150-10-705  General Responsibilities of Sworn Personnel at Crime Scenes

§ 150-10-710  Responsibilities of Assigned Sworn Personnel at Crime Scene

§ 150-10-715  Relief of Sworn Personnel Conducting Preliminary Investigation

§ 150-10-720  Identification as Police Officer

§ 150-10-725  Arrests

§ 150-10-730  Custody of Prisoners

§ 150-10-735  Transportation of Prisoners

§ 150-10-740  Use of Physical Force

§ 150-10-745  Reports and Bookings

§ 150-10-750  Press Relations at Crime Scenes

§ 150-10-755  Security of Departmental Business

§ 150-10-760  Compromising Criminal Cases

§ 150-10-765  Assisting Criminals

§ 150-10-770  Recommending Attorneys and Bail Bond Brokers Prohibited

§ 150-10-775  Acting as Bailor Prohibited

 

Part 800          Public Activities

§ 150-10-801  Publicity

§ 150-10-805  Commercial Testimonials

§ 150-10-810  Public Appearance Requests

§ 150-10-815  Outside Employment

§ 150-10-820  Issuance of Permit

§ 150-10-825  Membership in Organizations

§ 150-10-830  Subversive Organizations

§ 150-10-835  Political Activity

§ 150-10-840  Personal Preferment

§ 150-10-845  Conduct Toward the Public

§ 150-10-850  Impartial Attitude

§ 150-10-855  Caring for Lost, Helpless, Injured or Ill Persons

§ 150-10-860  Availability When on Duty

§ 150-10-865  Responding to Calls

§ 150-10-870  Unnecessary Use of Lights and Siren

 

Part 900          Judicial and Investigative Actions, Appearance and Testifying

§ 150-10-901  Court Appearances

§ 150-10-905  Testifying for the Defendant

§ 150-10-910  Refusal to Testify

§ 150-10-915  Departmental Investigations; Testifying

§ 150-10-920  Truthfulness

§ 150-10-925  Civil Action Interviews

§ 150-10-930  Civil Action, Court Appearances; Subpoenas

§ 150-10-935  Civil Depositions and Affidavits

§ 150-10-940  Civil Cases

§ 150-10-945  Administrative Investigation

 

Part 1000        Miscellaneous Provisions

§ 150-10-1001            Penalties

§ 150-10-1005            Severance Clause

§ 150-10-1010            Scope of Application


 

Chapter Authority: 1 CMC § 2507.

 

Chapter History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

Commission Comment: PL 1-8, tit. 1, ch. 10, codified as amended at 1 CMC §§ 2501-2507, creates the Department of Public Safety (DPS) within the Commonwealth government, composed of a police force. See 1 CMC § 2501; see also PL 14-25 § 3 (effective Aug. 20, 2004) (amending 1 CMC § 2501). 1 CMC § 2507 directs the Department to adopt rules and regulations regarding activities over which it has jurisdiction.

 

On May 4, 1987, DPS promulgated emergency “Rules and Regulations Governing the Conduct of Police Academy Trainees.” See 9 Com. Reg. 4977 (May 15, 1987) (effective for 120 days from May 4, 1987). A notice of permanent adoption was never published.

 

On June 3, 1993, DPS promulgated emergency “Traffic Signal Regulations Authorizing Erecting Official Traffic Signs Prohibiting Right Turns on Red Traffic Light Signals.” See 15 Com. Reg. 10655 (June 15, 1993) (effective for 120 days from June 3, 1993). A notice of permanent adoption was never published.

 

On April 15, 1995, DPS published proposed “Uniform Regulations for Sworn Police Officers, Corrections Officers and Firefighters.” See 17 Com. Reg. 13245 (Apr. 15, 1995). A notice of adoption was never published.

 

Part 001 -       General Provisions

 

§ 150-10-001  Law Enforcement Code of Ethics

 

(a)       As a law enforcement officer, my fundamental duty is to serve mankind; to safeguard lives and property; to protect the innocent against deception, the weak, against oppression or intimidation, and the peaceful against violence or disorder; and to respect the constitutional rights of all men to liberty, equality and justice.

 

(b)       I will keep my private life unsullied as an example to all; maintain courageous calm in the face of danger, scorn, or ridicule; develop self restraint; and be constantly mindful of the welfare of others. Honest in thought and deed, in both my personal and official life, I will be exemplary in obeying the laws of the land and the regulations of my department. Whatever I see or hear of a confidential nature or that is confided to me in my official capacity will be kept ever secret unless revelation is necessary in the performance of my duty.

 

(c)       I will never act officiously or permit personal feelings, prejudices, animosities, or friendships to influence my decisions. With no compromise for crime, and with relentless prosecution of criminals, I will enforce the law courteously and appropriately without fear or favor, malice or ill will, never employing unnecessary force or violence and never accepting gratuities.

 

(d)       I recognize the badge of my office as a symbol of public faith, and I accept it as a public trust to be held so long as I am true to the ethics of the police service. I will constantly strive to achieve these objectives and ideals, dedicating myself before God to my chosen profession… law enforcement.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

Commission Comment: In subsection (b), the Commission corrected the spelling of “ridicule.”

 

§ 150-10-005  Definitions

 

(a)       “Employee” includes persons holding sworn or non-sworn positions within the Department of Public Safety (DPS).

 

(b)       “Sworn personnel” are employees of the department who have taken the oath of office as a peace officer.

 

(c)       “Non-sworn personnel” are employees of the department who are not peace officers.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

Commission Comment: The Commission inserted quotation marks around terms defined.

 

§ 150-10-010  Oath of Office

 

New sworn employees of the department shall take the following oath of office: “I, (your name), do solemnly swear that I will uphold and comply with the Constitution of the United States of America; the Constitution and laws of the Commonwealth of the Northern Mariana Islands; the rules and regulations and orders of the Department of Public Safety; and the Law Enforcement Code of Ethics; and that I will faithfully discharge the duties of my office as peace officer to the best of my ability.”

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

Part 100 -       Conduct and Responsibilities

 

§ 150-10-101  Standard of Conduct

 

Employees both sworn and non-sworn shall conduct their private and professional lives in such a manner as to avoid bringing the department into disrepute.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-102  Loyalty

 

Loyalty to the department and employees of the department is an important factor in departmental morale and efficiency. All employees shall maintain a loyalty to the department and their associates as is consistent with the law and personal ethics.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-104  Unwholesome Association

 

Employees of the department, most particularly sworn personnel, are forbidden from maintaining an association with known criminals or prostitutes, or with any person the association of which will cast doubt in the mind of the public as to the honesty and integrity of the employee, except in pursuit of a legitimate government interest.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-106  Cooperation

 

Cooperation between the ranks and units of the department is essential to effective law enforcement. Therefore, all employees are strictly charged with establishing and maintaining a high spirit of cooperation within the department.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-108  Assistance

 

All sworn employees are required to take appropriate police action towards aiding a fellow peace officer exposed to danger or in a situation where danger might be impending.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-110  General Responsibilities

 

Sworn employees shall at all times take appropriate action to:

 

(a)       Protect life and property

 

(b)       Preserve the peace

 

(c)       Prevent crime

 

(d)       Detect and arrest violators of the law

 

(e)       Enforce all federal and Commonwealth laws coming within departmental jurisdiction

 

(f)        Assist a person in need.

 

Modified, 1 CMC § 3806(g).

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

Commission Comment: In subsection (f), the Commission inserted the final period.

 

§ 150-10-112  Duty Functions

 

Sworn employees of the department are subject to duty at all times. Although periodically relieved of their routine performance, they shall, at all times, respond to the lawful orders of superior officers and other proper authorities as well as calls for police assistance from citizens. Proper police action must be taken whenever required. The administrative delegation of the enforcement of certain laws to particular units of the department does not relieve members of other units from the responsibility of taking prompt, effective police action when the occasion requires. Sworn employees assigned to special duties are not relieved from taking proper action outside the scope of their specialized assignment when necessary.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-114  Performance of Duty

 

All employees shall perform their duties as required or directed by law, departmental rule, policy or order, or by order of a superior officer. All lawful duties required by competent authority shall be performed promptly as directed, not withstanding the general assignment of duties and responsibilities.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-116  Insubordination

 

Failure or deliberate refusal by any employee to obey a lawful order given by a superior officer shall be insubordination. Ridiculing a superior officer or his orders, whether in or out of his presence is also insubordination.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-118  Questions Regarding Assignment

 

Employees in doubt as to the nature or detail of their assignment shall seek such information from their supervisors by going through the chain of command.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-120  Knowledge of Laws and Regulations

 

Every sworn employee is required to establish and maintain a working knowledge of all laws enforced in the Northern Mariana Islands, the rules and policies of the department and the orders of the department and divisions thereof. In the event of improper action or breach of discipline, it will be presumed that the sworn, employee was familiar with the law, rule, or policy in question.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-122  Obedience to Laws and Regulations

 

Employees shall observe and obey all laws, all rules and regulations of the department, and all general and special orders of the department.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-124  Reporting Violations of Laws, Rules, or Orders

 

Employees of the department knowing of other employees violating laws, or rules of the department, or disobeying orders, shall report same in writing to the Director of Public of Safety, official channels may be by-passed.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-126  Establishing Elements of Violations

 

Existence of facts establishing a violation of a law or rule is all that is necessary to support any allegation of such as a basis for a charge under this section. It is not necessary that a formal complaint be filed or sustained. Nothing in the manual of rules codified in this chapter prohibits disciplining or charging members or employees merely because the alleged act or omission does not appear herein, in departmental, orders, or in laws within the cognizance of the department.

 

Modified, 1 CMC § 3806(d), (f).

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-128  Conduct Toward Superior and Subordinate Officers and Associates

 

Employees shall treat superior officers, subordinates and associates with respect. They shall be courteous and civil at all times in their relationships with one another. When on duty and particularly in the presence of other employees or the public, sworn employees should be referred to by their proper rank.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-130  Criticism of Orders

 

Employees shall not publicly criticize instructions or orders they have received.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-132  Manner of Issuing Orders

 

Orders from superior to subordinate shall be in clear, understandable language, civil in tone and issued in pursuit of departmental business.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-134  Unlawful Orders

 

No command shall knowingly issue any order which is in violation of any law or departmental rule or policy.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-136  Obedience to Unlawful Orders

 

Obedience to an unlawful order is never a defense for an unlawful action; therefore, no employee is required to obey any order which is contrary to federal or Commonwealth law. Responsibility for refusal to obey rests with the individual employee. He shall be strictly required to justify his action.

 

Modified, 1 CMC § 3806(g).

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

Commission Comment: The Commission corrected the spelling of “action.”

 

§ 150-10-138  Obedience to Unjust or Improper Orders

 

Members or employees who are given orders which they feel to be unjust or contrary to rules and regulations must first obey the order to the best of their ability and then proceed to appeal as provided below.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-140  Conflicting Orders

 

Upon receipt of an order conflicting with any previous order or instruction, the employee affected will advise the person issuing the second order of this fact. Responsibility for countermanding the original instruction then rests with the individual issuing the second order. If so directed, the latter command shall be obeyed first. Orders will be countermanded or conflicting orders will be issued only when reasonably necessary for the good of the department.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-142  Reports and Appeals; Unlawful, Unjust, Improper Orders

 

An employee receiving an unlawful, unjust or improper order shall, at first opportunity, report in writing to the Director of Public Safety through chain-of-commands. This report shall contain the facts of the incident and the action taken. Appeals for relief from such orders may be made at the same time. Extra-departmental action regarding such an appeal shall be conducted through the Office of the Director of Public Safety.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-144  Soliciting of Gifts, Gratuities, Fees, Rewards, Loans, Etc.

 

Employees shall not under any circumstances solicit any gift, gratuity, loan or fee where there is any direct or indirect connection between the solicitation and their departmental employment.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-146  Acceptance of Gifts, Gratuities, Fees, Loans, Etc.

 

Employees shall not accept either directly or indirectly any gift, gratuity, loan, fee or any other thing of value arising from or offered because of police employment of any activity connected with said employment. Employees shall not accept any gift, gratuity, loan, fee, or other thing of value, the acceptance of which might tend to influence directly or indirectly the actions of said employee or any other employee in any matter of police business; or which might tend to cast an adverse reflection on the department or any employee thereof. No employee of the department shall receive any gift or gratuity from other employees junior in rank without the express permission of the Director of Public Safety.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-148  Rewards

 

Employees shall not accept any gift, gratuity or reward in money or other consideration for services rendered in the line of duty to the community or to any person, business or agency except lawful salary and that which may be authorized by law.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-150  Disposition of Unauthorized Gifts, Gratuities, Etc.

 

Any unauthorized gift, gratuity, loan, fee, reward or other thing falling into any of these categories coming into the possession of any employee shall be forwarded to the Office of the Director of Public Safety together with a written report explaining the circumstances connected therewith.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-152  Free Admissions and Passes

 

Employees shall not solicit or accept free admission to theater and other places of amusement for themselves or others except in the line of duty.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-154  Other Transactions

 

Employees are prohibited from buying or selling anything of value from or to any complainant, suspect, witness, defendant, prisoner, or other person involved in any case which has come to their attention or which arose out of their departmental employment except as may be specifically authorized by the Director of Public Safety.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-156  Debts; Incurring and Payment

 

(a)       No employee shall borrow any money or otherwise become indebted to any other employees, who is* not a father, mother, sister or brother of the employee.

 

(b)       Employees shall not solicit other employees to co-sign or endorse any promissory note or other loan, unless the person is a father, mother, sister, or brother of the employee.

 

(c)       No employee shall offer to act as a co-signer or endorser of any promissory note or other loan for another employee, unless the person is a father, mother, sister or brother of the employee.

 

(d)       Employees shall pay all just debts and legal liabilities incurred by them.

 

* So in original.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-158  Desertion of Post

 

It shall be a gross misconduct for a sworn personnel to leave his assigned post, beat area or zone without proper authorization by a competent supervisor or commander. It shall also be a gross misconduct if a sworn personnel fails to arrive at his given assignment, post, beat area or zone when instructed to by a competent supervisor or commander.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

Part 200 -       General Conduct on Duty

 

§ 150-10-201  Prohibited Activity on Duty

 

Employees are prohibited from engaging in the following activities while on duty with the exceptions as noted:

 

(a)       Sleeping, loafing, idling

 

(b)       Recreational reading (except at meal time)

 

(c)       Conducting private or personal business

 

(d)       Carrying newspapers or other articles (except in the performance of police duty)

 

(e)       Drinking intoxicating beverages (except in performance of a police duty, and then, only with the specific, consent of a commanding officer and never in uniform)

 

(f)        Gambling, unless to further a police purpose.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-202  Loitering

 

All sworn personnel on duty or in uniform shall not enter taverns, theaters or other public places except to perform a police task. Loitering and unnecessary conversation in such locations are forbidden. Eating in a licensed liquor establishment, although not forbidden, is discouraged. Employees off-duty and not on any official standby shall not loiter in department areas.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-204  Military Courtesy

 

When meeting in public, sworn, personnel shall conform to normal courtesy standards and refer to each other by proper rank.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-206  National Colors and Anthem

 

Uniformed sworn personnel will render full military honors to the national colors and anthem at appropriate times. Employees in civilian dress shall render proper civilian honors to the national colors and anthem at appropriate times.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-208  Roll Call

 

Unless otherwise directed, sworn personnel shall report to daily roll call 30 minutes prior to assuming duty at the place specified, properly uniformed and equipped. They shall give careful attention to orders and instructions avoiding unnecessary talking or movement.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-210  Relief from Duty

 

All employees are to remain at their assignment and on duty until properly relieved by another employee, or until dismissed by competent authority.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-212  Meals

 

Sworn personnel may suspend their police duty for a lunch period to be taken within their assigned areas, subject to modification by the commanding officer. Meals shall be eaten with reasonable dispatch when in public view.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-214  Submission of Report

 

Employees shall promptly submit such reports as are required by the performance of their duties or by competent authority.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-216  Absence from Duty

 

Every employee who fails to appear for duty at the date, time and place specified and so doing without the consent of competent authority is “absent without leave.” Such absences within the period of one day must be reported in writing to the commanding officer. Absences without leave in excess of one day must be reporting in writing to the Director of Public Safety or Chief of Police.

 

Modified, 1 CMC § 3806(g).

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

Commission Comment: The Commission moved the period after “leave” inside of the closing quotation mark.

 

§ 150-10-218  Inspections

 

From time to time the Director of Public Safety may call for full dress inspections of the department of any part thereof. Sworn personnel directed to attend such inspections shall report in the uniform prescribed, carrying the equipment specified. Unauthorized absence from such inspection is chargeable as “absence without leave.”

 

Modified, 1 CMC § 3806(g).

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

Commission Comment: The Commission moved the period after “leave” inside of the closing quotation mark.

 

§ 150-10-220  Training

 

All employees shall attend in-service training at the direction of the Director of Public Safety or commanding officer. Such attendance is considered a duty assignment.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-222  Physical Fitness for Duty

 

All sworn personnel of the department shall maintain good physical condition so that they can handle the strenuous physical contacts often required of a law enforcement officer.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-224  Consumption of Intoxicants

 

Employees shall not consume intoxicants while off-duty to the extent that evidence of such consumption is apparent when reporting for duty or to the extent that ability to perform duty is impaired.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-226  Intoxication

 

Employees shall not at anytime be intoxicated while on-duty. They shall not at anytime, on or off-duty, be intoxicated in public view. The supervisor has the authority and responsibility to immediately secure the personnel from duty without leave.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-228  Intoxicants on Departmental Premises

 

(a)       Employees shall not bring into or keep any intoxicating liquor on departmental premises except:

(1)       When necessary in the performance of a police task.

(2)       Packaged goods for temporary storage when the seals are unbroken.

 

(b)       Liquor brought into departmental premises in the furtherance of a police task shall be properly identified and stored according to current departmental policy.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) and (b).

 

§ 150-10-230  Smoking While on Duty

 

Employees shall not smoke on duty while in direct contact with the public or when in uniform in public view, except that smoking is permitted in public view at mealtimes and while patrolling police vehicles at which times it shall be as inconspicuous as possible.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-232  Possession of Keys

 

Unless authorized by his commanding officer, no sworn personnel shall possess keys to any premises not his own, or near his beat.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-234  Address and Telephone Numbers

 

Immediately upon reporting for duty in a new unit, employees shall record their correct residence address and telephone number with the commanding officer. Employees are required to have available a telephone in the place here they reside. Changes in address or telephone number shall be reported to the commanding officer within 24 hours of the change.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-236  Chewing of Betelnut

 

Chewing of betelnut in any form is prohibited while on-duty or in uniform.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-238  Chewing of Tobacco

 

Chewing of tobacco products and gum is prohibited while on-duty or in uniform.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-240  Absence from Duty

 

A member shall not, under any circumstances, be absent from duty without first obtaining permission.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

Part 300 -       Uniforms, Equipment and Appearance

 

§ 150-10-301  Introduction

 

All sworn personnel of the department shall maintain in good order a regulation uniform. Sworn personnel shall be neat appearing and well-groomed while in uniform. All articles of uniform shall conform to the departmental uniform regulations. Civilian clothing will not be worn with any distinguishable part of the uniform.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

Commission Comment: This section was originally the introduction to part F, codified in part 300. The Commission created the section title.

 

§ 150-10-305  Wearing the Uniform

 

Uniform shall be kept neat, clean and well pressed at all times. While wearing the uniform, sworn personnel shall maintain a military bearing avoiding mannerisms such as slouching, shuffling and keeping hands in pockets. A member shall wear his uniform completely buttoned. Every member when dressed in uniform shall wear the insignia of his rank. The uniform cap shall be worn out of doors, unless otherwise directed by competent authority.

 

Modified, 1 CMC § 3806(g).

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

Commission Comment: The Commission corrected the spelling of “times.”

 

§ 150-10-310  Manner of Dress on Duty

 

Normally sworn personnel will wear the duty uniform on a tour of duty; however, commanding officers may prescribe other clothing as required by the nature of the duty to which a particular sworn person is assigned. Civilian employees will wear and maintain an employee uniform when so directed by the Director of Public Safety. Civilian employees who are not required to wear any kind of uniform are required to wear clothing consonant with their assignment.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-315  Equipment

 

All equipment must be clean, in good working order and conform to department specifications.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-320  Registering Equipment with the Department

 

Employees are required to register with the department the description and serial numbers of all personal police equipment they may own or carry.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-325  Firearms Display and Discharge

 

Sworn personnel shall never display firearms unnecessarily or draw them in public place except for inspection or official use. Sworn personnel are required to report any deliberate or accidental discharge of firearms (except routine target practice). This report is to be made according to current departmental procedures. Sworn personnel shall exhaust every other means of apprehension before resorting to the use of firearms; they shall consider and attempt to use other means to save a life before resorting to the use of firearms.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-330  Uniform and Equipment Damage Claim

 

Any claims for damage to clothing, equipment, and eye glasses caused by performance of duty shall be made in accordance with current departmental directives.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-335  Compensation for Other Damages Sustained on Duty

 

Employees shall not seek in any way, nor accept from any person, money or other compensation for damages sustained or expenses incurred by them in the line of duty without first notifying the Director of Public Safety in writing.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-340  Compensation for Damages Off-duty

 

Employees who have received salary from the Commonwealth for injury sustained off-duty or illness shall notify the Director of Public Safety in writing on any intent to seek, sue, solicit or accept compensation as damages for such illness or injury. This notice shall be filed before any action is taken. It shall include the fact of the claim and the name of the respondent.

 

Modified, 1 CMC § 3806(g).

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

Commission Comment: The Commission corrected the spelling of “action.”

 

§ 150-10-345  Wearing of Uniform While Off Duty

 

Sworn employees are prohibited of wearing police uniforms either in full or any part thereof, while off-duty except when traveling to and from work.

 

Modified, 1 CMC § 3806(g).

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

Commission Comment: The Commission corrected the spelling of “traveling.”

 

§ 150-10-350  Pins and/or Insignias

 

Members shall not wear on their uniform any insignia of a fraternal organization or association. Pins or insignia, denoting contribution to charitable organizations, may be worn on uniform for the duration of the solicitation campaign. Authorized insignia for service or achievement. in the police division may be worn.

 

Modified, 1 CMC § 3806(g).

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

Commission Comment: The Commission changed “member” to “members” to correct a manifest error.

 

§ 150-10-355  Carrying of Badge and I.D.

 

Every member shall, at all times carry his badge and identification card. Every non-sworn member shall display on the chest a police identification card while on-duty only.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

Part 400 -       Department Property and Equipment

 

§ 150-10-401  Introduction

 

Employees are responsible for the proper care of department property and equipment assigned to them. Damaged or lost property may subject the responsible individual to reimbursement charges and appropriate disciplinary action.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

Commission Comment: This section was originally an introduction to part G, codified at part 400. The Commission created the section title.

 

§ 150-10-405  Damaged/Inoperative Property or Equipment

 

Employee shall immediately report to their commanding officer any loss of or damage to departmental property assigned to or used by them. The immediate superior will be notified of any defects or hazardous conditions existing in any department equipment or property.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-410  Care of Department Buildings

 

Employees shall not mar, mark or deface any surface in any departmental building. No material shall be affixed in any way to any wall in departmental building without specific authorization from a commanding officer.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-415  Notices

 

Employees shall not mark, alter, or deface any posted notice of the department. Notices or announcements shall not be posted on bulletin boards without permission of a commanding officer. No notice of a derogatory nature will be posted at any time.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-420  Manuals Maintenance

 

All employees who are issued manuals are responsible for their maintenance and will make appropriate changes or inserts as they arise.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-425  Surrender of Department Property

 

Employees are required to surrender all department property in their possession upon separation from the service. Failure to return non-expendable items may cause the person to reimburse the department for the fair market value of the article(s).

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-430  Department Vehicles; Use

 

Employees shall not use any departmental vehicle without the permission of a commanding officer. Departmental vehicles shall never be used for personal business or pleasure. A member shall not operate any police equipment, unless he is qualified and authorized to do so.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-435  Transporting Citizens

 

Citizens will be transported in departmental vehicles only when necessary to accomplish a police purpose. Such transportation will be done in conformance with departmental policy or at the direction of a commanding officer, immediate supervisor or communication center.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-440  Reporting Accidents

 

Accidents involving personnel property and/or equipment must be reported in accordance with adopted procedures.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-445  Presumption of Responsibility

 

In the event that property is found bearing evidence of damage which has not been reported, it shall be prima facie evidence that the last person using the property or vehicle was responsible.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-450  Vehicles Equipped with Emergency and First-aid

 

All police vehicles shall be fully equipped with emergency and first-aid equipment. Operator is responsible for reporting all defects and/or lack of equipment.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

Part 500 -       Communications, Correspondence

 

§ 150-10-501  Restrictions

 

Employees shall not:

 

(a)       Use departmental letter heads for private correspondence.

 

(b)       Send correspondence out of the department over their signatures without the general permission of the Director of Public Safety.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-505  Forwarding Communications to Higher Commands

 

Any employee receiving a written communication for transmission to a higher command shall in every case forward such communication. Sworn personnel receiving a communication from a subordinate directed to a higher command shall endorse it indicating approval, disapproval or acknowledgment and then forward same to addressee.

 

Modified, 1 CMC § 3806(g).

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

Commission Comment: The Commission corrected the spelling of “acknowledgment.”

 

§ 150-10-510  Department Address (Private Use of)

 

Employees shall not use the department as mailing address for private purpose without specific permission of the Director of Public Safety. The Department address shall not be used on any motor vehicle registration, operator’s chauffeur’s license.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-515  Telephones

 

Departmental telephone equipment may not be used for the transmission of private messages without the express approval of a commanding officer. It is prohibited to deliberately listen to another’s phone conversation.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-520  Radio Discipline

 

All employees of the Department operating the police radio either from a mobile unit or in the communications center shall strictly observe regulations for such operations as set forth in departmental orders and by the Federal Communications Commission.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

Part 600 -       Death and Injury Notification

 

§ 150-10-601  Death or Serious Injury

 

When an employee is killed or seriously injured on or off duty, immediate verbal notification will be made to the Director of Public Safety or to the Officer acting in the Director’s absence. This will be followed by a written report no later than the following work day. Information shall include the date, location, cause, extent of injuries and property damage. Serious injury in this instance means an injury which could result in death or disability.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-605  Non-serious Injury

 

In cases where the injuries are other than of a serious nature, a written report will be submitted on the first work day following the incident including all information required above. These reports are in addition to those accident and sick reports otherwise required.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-610  Death of Employee

 

Any employee receiving notice of death of any employee or retired employee, during regular business hours, shall notify the Director of Public Safety and the commander of the deceased. At other times, the duty officer shall be notified and he shall relay such information to the Director of Public Safety.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-615  Notification of Family

 

The family of an employee injured or dying on duty shall be notified immediately by the senior available sworn officer.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

Part 700 -       Investigation, Arrests, and Detentions

 

§ 150-10-701  Command at Scene

 

At the scene of any crime, accident or other police incident the ranking officer present shall assume command and direction of police personnel in such a manner as to assure the most orderly and efficient accomplishment of the police task. When two or more officers of the same rank are present and one of them is assigned to the investigation that ranking officer will be in charge. This provision is intended to provide for the coordination of the efforts of the several subordinate members who maybe assigned to the incident; therefore, it is incumbent upon the ranking officer assuming such control to become acquainted with the facts and insure that appropriate action is being taken or is initiated.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-705  General Responsibilities of Sworn Personnel at Crime Scenes

 

The first sworn officer to arrive at the scene of a crime or other police incident is responsible for the following actions as they may apply to the situations.

 

(a)       Summoning medical assistance and administering first aid as required to prevent further injury or loss of life.

 

(b)       Arrest of violator(s).

 

(c)       Security of the scene.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-710  Responsibilities of Assigned Sworn Personnel at Crime Scene

 

The sworn personnel officially assigned to perform the preliminary or other investigations of an alleged crime or other incident are responsible for the completion of the preliminary or other investigation as directed. This shall include (but is not necessarily limited to) securing statements and other information which will aid in the successful completion of the investigation and locating collecting and preserving physical evidence material to the issue.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-715  Relief of Sworn Personnel Conducting Preliminary Investigation

 

Upon completion of the preliminary investigation, the assigned officer shall stand relieved unless otherwise directed by a superior, or unless required by department procedure to perform the follow-up investigation.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-720  Identification as Police Officer

 

Except when impractical or unfeasible, or where the identity is obvious, officers shall identify themselves by displaying the official credentials or identification card before taking police action.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-725  Arrests

 

In making arrests, sworn personnel shall strictly observe the laws of arrest and the following provisions:

 

(a)       Only necessary restraint to assure safe custody and the safety of the officer shall be employed.

 

(b)       The arresting officer is responsible for the safety and protection of the arrested person while in his custody. He shall notify the watch commander of any injury apparent illness or other conditions which indicate that the arrested person may need special care.

 

(c)       The arresting officer is responsible for the security of the personal property in the possession of the arrested person or under his control at the time of arrest.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

Commission Comment: In subsection (b), the Commission inserted the final period.

 

§ 150-10-730  Custody of Prisoners

 

Officers charged with the custody of prisoners shall observe all laws and departmental orders regarding this activity. Prisoners shall be kept securely, treated firmly and humanely, and shall not be subjected to unnecessary restraint.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-735  Transportation of Prisoners

 

Officers transporting prisoners shall do so in accordance with departmental policy.

 

(a)       Prisoners requiring medical attention shall be taken to the appropriate emergency hospital and the transporting officers shall be responsible for the security of the prisoner until property relieved by a guard officer unless otherwise directed by a superior officer.

 

(b)       Prisoners and their property shall be surrendered at the jail to custodial officers or as otherwise directed by competent authority.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-740  Use of Physical Force

 

Malicious assaults or batteries committed by sworn personnel constitute gross misconduct. The use of physical force shall be restricted to circumstances specified by law when necessary to accomplish a police task successfully. Whenever a sworn personnel either on or off-duty, is required to strike or use considerable physical force against another person, they shall immediately call a superior officer to the scene, or, if not practical, contact him as soon as possible following the incident and submit a written report to the Director of Public Safety through normal channels. Failure to adhere to this policy can be presumed that there was a deliberate attempt to keep the incident secret.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-745  Reports and Bookings

 

No employee shall knowingly falsify any official report or enter or cause to be entered any inaccurate false or improper information on records of the department. All complaints received by any sworn personnel on or off-duty, shall be given a case number and a report submitted.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-750  Press Relations at Crime Scenes

 

Insofar as is consistent with sound police practice, members in control of a crime scene shall grant access and supply information regarding the incident to the working press. Whenever a member feels that release of information or access to the scene is contrary to sound police practice, he shall refer the press to his immediate supervisor for further decision.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-755  Security of Departmental Business

 

Employees shall not reveal police information outside the department except as provided elsewhere in the manual in this chapter or as required by law or competent authority. Specifically, information contained in police records, other information ordinarily accessible only to members and employees, and names of informants, complainants, witnesses and other persons known to the police are considered confidential. Silence shall be employed to safeguard confidential information. Violation of the security of this type of information reflects gross misconduct.

 

Modified, 1 CMC § 3806(d).

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-760  Compromising Criminal Cases

 

Employees shall not interfere with the proper administration of criminal justice.

 

(a)       Employees shall not attempt to interrupt legal process except where a manifest injustice might otherwise occur, nor participate in or be concerned with any activity which might interfere with the process of law.

 

(b)       Except in the interest of justice employees shall not attempt to have any traffic citation or notice to appear reduced, voided or stricken from the calendar.

 

(c)       Any employees having knowledge of such action and failing to inform his superior officer thereof shall be subject to charges.

 

Modified, 1 CMC § 3806(g).

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

Commission Comment: In subsection (b), the Commission corrected the spelling of “stricken.”

 

§ 150-10-765  Assisting Criminals

 

Employees shall not communicate in any manner, either directly or indirectly, any information which might assist persons guilty of criminal or quasi-criminal acts to escape arrest or punishment or which may enable them to dispose of or secrete evidence of unlawful activity or money, merchandise or other property unlawfully obtained.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-770  Recommending Attorneys and Bail Bond Brokers Prohibited

 

Employees shall not suggest, recommend, advise or otherwise counsel the retention of any attorney or bail bond broker to any person coming to their attention as a result of police business.

 

(a)       This does not apply when the immediate family of the member seeks such service.

 

(b)       In no case may such advice be given where a fee, gratuity or reward is solicited, offered or accepted from the attorney or bail bondsman.

 

(c)       Soliciting business for an attorney or bail bondsman is gross misconduct.

 

Modified, 1 CMC § 3806(g).

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

Commission Comment: In subsection (b), the Commission corrected the spelling of “advice.”

 

§ 150-10-775  Acting as Bailor Prohibited

 

Employees cannot act as bailors for any person in custody except relatives, and in no case where any fee gratuity or reward is solicited or accepted. No employee shall make payment, for any person including relatives for a traffic citation.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

Part 800 -       Public Activities

 

§ 150-10-801  Publicity

 

Employees shall not seek personal publicity in the course of their employment.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-805  Commercial Testimonials

 

Employees shall not permit their names or photographs to be used to endorse any product or service which is in any way connected with law enforcement without the permission of the Director of Public Safety, allow their names or photographs to be used in any commercial testimonial which alludes to their position or employment with the department.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-810  Public Appearance Requests

 

All requests for public speeches, demonstrations and the like, will be routed to the Director of Public Safety for approval and processing. Employees directly approached for this purpose shall suggest that the party submit his request to the Director of Public Safety.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-815  Outside Employment

 

Prior to engaging in any outside business or employment, the employee shall submit a request for a permit to do so to the Director of Public Safety.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-820  Issuance of Permit

 

The decision of the Director of Public Safety to issue or deny a permit to work outside of the department is final and appeal to higher or other levels will not be considered. Departmental general orders will govern the issuance or denial of the permit and its use.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-825  Membership in Organizations

 

Except for the Armed Forces Reserve components, employees shall not affiliate themselves with any organization or group, the constitution or by laws of which in any way exacts prior consideration or which would prevent its members from rendering proper and efficient service to the department.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-830  Subversive Organizations

 

No employee shall knowingly become a member of or connected with any subversive organization, except when necessary in the performance of duty and then only under the direction of the Director of Public Safety.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-835  Political Activity

 

Political activity by employees shall be restricted to voting and activities affecting working conditions of employees. Employees shall not solicit or make contributions in money or other things directly or indirectly on any pretext to any person, committee or association for political purposes not directly affecting working conditions of employees. They shall not use the influence of their office.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-840  Personal Preferment

 

No employee may seek the influence or intervention of any person outside the department for purposes of personal preferment, advantage, transfer or advancement.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-845  Conduct Toward the Public

 

Employees shall be courteous and orderly in their dealings with the public. They shall perform their duties quietly, avoiding harsh, violent, profane or insolent language, and shall always remain calm regardless of provocation to do otherwise. Upon request, they are required to supply their name and badge number in a courteous manner. They shall attend to requests from the public quickly and accurately, avoiding unnecessary referral to other parts of the department.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-850  Impartial Attitude

 

All sworn personnel, even though charged with vigorous and unrelenting enforcement of the law, must remain completely impartial towards all persons coming to the attention of the Commonwealth government. All citizens are guaranteed equal protection under the law. Exhibiting partiality for or against a person because of race, color, creed or national origin, or influence is conduct unbecoming an officer. Similarly, unwarranted interference in the private business of others when not in the interest of justice is conduct unbecoming an officer.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-855  Caring for Lost, Helpless, Injured or Ill Persons

 

Sworn personnel should always be alert to assist lost, helpless, or ill persons. Sworn personnel are strictly charged with maintaining a proficiency in first aid techniques authorized by the American Red Cross and taught in a police training school. Failure or inability to render first aid competently is considered a serious neglect of duty.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-860  Availability When on Duty

 

Sworn personnel on duty shall not conceal themselves except for some police purpose. They shall be immediately and readily available to the public during duty hours.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-865  Responding to Calls

 

Sworn personnel of the department shall respond without delay to all calls for police assistance from citizens or other members. Emergency calls take precedence; however, all calls shall be answered as soon as possible consistent with normal safety precautions and vehicle laws. Failure to answer a call for police assistance promptly, without justification, is misconduct. Except under the most extraordinary circumstances, or when otherwise directed by competent authority, no sworn personnel shall fail to answer any landwire or radio call directed to him. The communications center will be informed when leaving the air and when returning to the air and to the duty station.

 

Modified, 1 CMC § 3806(g).

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

Commission Comment: The Commission corrected the spelling of “radio.”

 

§ 150-10-870  Unnecessary Use of Lights and Siren

 

Unnecessary use of lights and siren is prohibited.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

Part 900 -       Judicial and Investigative Actions, Appearance and Testifying

 

§ 150-10-901  Court Appearances

 

Attendance at a court or quasi judicial hearing as required by subpoena is an official duty assignment. Permission to omit this duty must be obtained from the prosecuting attorney handling the case or other competent court official. When appearing in court, either the official uniform or clothing conforming to standard imposed on officers working in plain clothes shall be worn. Weapons will not be displayed unless wearing the uniform. Employees shall present a neat and clean appearances avoiding any mannerism which might imply disrespect to the court, such as gum-chewing and smoking.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-905  Testifying for the Defendant

 

Any employee subpoenaed to testify for the defense in any trial or hearing, or against the Commonwealth or department in any hearing or trial, shall notify his commander upon receipt of the subpoena. He shall notify the governmental attorney.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-910  Refusal to Testify

 

Any employee appearing as a witness before

 

(a)       Any competent investigative body,

 

(b)       A judicial tribunal,

 

(c)       A hearing board,

 

(d)       A person authorized to take testimony, who invokes his constitutional privilege and refuses to testify shall be subject to disciplinary action.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-915  Departmental Investigations; Testifying

 

Employees are required to answer questions by or render material and relevant statements to a competent authority in a departmental personnel investigation when so directed.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-920  Truthfulness

 

Employees are required to be truthful at all times whether under oath or not.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-925  Civil Action Interviews

 

Civil action interviews involving employees which arise out of departmental employment shall be conducted according to current departmental directives.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-930  Civil Action, Court Appearances; Subpoenas

 

An employee shall not volunteer to testify in civil actions and shall not testify unless legally subpoenaed. Employees will accept all subpoenas legally served. If the subpoena arises out of departmental employment or if the employee is informed that he is a party to a civil action arising out of departmental employment, he shall immediately notify his commanding officer and the governmental attorney of the service or notification, and of the testimony he is prepared to give. Employees shall not enter into any financial understanding for appearances as witnesses prior to any trial, except in accordance with current directives.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-935  Civil Depositions and Affidavits

 

Employees shall confer with their commander before giving a deposition or affidavit on a civil case. If the commander determines that the case is of importance to the Commonwealth, he shall inform the Director of Public Safety before the deposition or affidavit is given.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-940  Civil Cases

 

Sworn personnel shall not serve civil process or assist in civil cases unless the specific consent of the Director of Public Safety is obtained. They shall avoid entering into civil disputes particularly while performing their police duties, but shall prevent or abate a breach of the peace or crime in such cases.

 

Modified, 1 CMC § 3806(g).

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

Commission Comment: The Commission corrected the spelling of “disputes.”

 

§ 150-10-945  Administrative Investigation

 

All sworn and non-sworn personnel are subject to an administrative investigation and the following shall be adhered to:

 

(a)       Does not have the right to refuse to make a statement regarding any allegation.

 

(b)       Is not entitled to Miranda rights warning.

 

(c)       Any information obtained cannot and shall not be used in any criminal charges.

 

(d)       Any refusal to the above is insubordination.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

Part 1000 -     Miscellaneous Provisions

 

§ 150-10-1001            Penalties

 

(a)       Oral and written reprimands can be the result of violation of departmental rules, regulations, and other departmental general and special orders, instruction memorandum, procedures and other forms of order and instructions.

(1)       Oral and written reprimands can be appealed by submission of such an appeal in writing through channels to the Director.

(2)       The decision of the Director concerning oral and/or written reprimands will be final.

 

(b)       Violation of departmental rules, regulations, and other departmental orders, instruction memorandum, procedures, and other instructions having the force of a directive can result in more serious disciplinary action than an oral or written reprimand. Such disciplinary action will follow the current disciplinary procedures established by law and regulations for all employees of the Commonwealth government.

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-1005            Severance Clause

 

If any provisions of this order or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect any other provisions or application of this order which can be given effect without the invalid provisions or application, and to this end the provisions of this order are severable.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 

§ 150-10-1010            Scope of Application

 

This general order shall supersede, in whole or in part all other orders and directives which are contrary to this order. Those orders and directives not inconsistent with this order shall remain in force unless superseded or cancelled by equivalent order or directive.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 9 Com. Reg. 4918 (Mar. 16, 1987); Adopted 6 Com. Reg. 2941 (June 15, 1984); Proposed 6 Com. Reg. 2747 (May 15, 1984).

 


 

CHAPTER 150-20

BOATING SAFETY DIVISION; BOATING SAFETY RULES AND REGULATIONS

 


Part 001          General Provisions [Reserved]

 

Part 100          Operation of Vessels

§ 150-20-101  Operation Near Shore

§ 150-20-105  Operation in Swimming Zones

§ 150-20-110  Operation Near Diving Flags

§ 150-20-115  Operation of Motorboat near Other Water Activities

§ 150-20-120  Operation in Exclusion Areas

§ 150-20-125  Vessel Carrying Passengers or Cargo Inter-island

 

Part 200          Safety Equipment

§ 150-20-201  Lifesaving Devices

§ 150-20-205  Fire Extinguishers, Flame Arrestors, Lifesaving Devices

 

Part 300          Boating Safety Program

§ 150-20-301  Boat Liveries and Boat Tours

 

Part 400          Swimming Zones

§ 150-20-401  Operation of Swimming Zones

§ 150-20-405  Designation of Swimming Zones

 

Part 500          Jet Ski Operations

§ 150-20-501  Application

§ 150-20-505  Exclusion Areas

 

Part 600          Jet Ski Rental Operations

§ 150-20-601  Definition

§ 150-20-605  Launching and Landing

§ 150-20-610  Operation

§ 150-20-615  Hours of Operation

§ 150-20-620  Insurance

§ 150-20-625  CRM Permit

 

Part 700          Water Ski Operations

§ 150-20-701  Exclusion Areas

 

Part 800          Miscellaneous Provisions

§ 150-20-801  Severability

§ 150-20-805  Enforcement & Penalties

§ 150-20-810  Certification


 

Chapter Authority: 1 CMC § 2507; 3 CMC §§ 5459 and 5460.

 

Chapter History: Amdts Adopted 9 Com. Reg. 4852 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4658 (Sept. 15, 1986); Adopted 6 Com. Reg. 3226 (Nov. 15, 1984); Proposed 6 Com. Reg. 3166 (Sept. 15, 1984).

 

Commission Comment: PL 1-8, tit. 1, ch. 10, codified as amended at 1 CMC §§ 2501-2507, creates the Department of Public Safety (DPS) within the Commonwealth government, composed of a police force. See 1 CMC § 2501; see also PL 14-25 § 3 (effective Aug. 20, 2004) (amending 1 CMC § 2501). 1 CMC § 2507 directs the Department to adopt rules and regulations regarding activities over which it has jurisdiction.

 

PL 3-25 (effective Oct. 13, 1982), the “Boating Safety Act of 1982,” codified as amended at 3 CMC §§ 5401-5462, creates a boating safety program in the Commonwealth and authorizes the Department of Public Safety to implement the program. 3 CMC § 5459 directs the Department to promulgate rules and regulations with respect to safety zones within the Saipan lagoon. 3 CMC § 5460 authorizes the Department to promulgate rules and regulations with respect to the operation of vessels on any waters within the Commonwealth.

 

Part 001 -       General Provisions

 

[Reserved.]

 

Part 100 -       Operation of Vessels

 

§ 150-20-101  Operation Near Shore

 

(a)       No person shall operate a motorboat, aqua-plane, or watercraft of any description at a speed greater than five miles per hour within 200 yards of the shore.

 

(b)       No person shall operate a motorboat towing a person on water skis, surfboard, or similar device within 200 yards of the shore.

 

Modified, 1 CMC § 3806(e).

 

History: Amdts Adopted 9 Com. Reg. 4852 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4658 (Sept. 15, 1986); Adopted 6 Com. Reg. 3226 (Nov. 15, 1984); Proposed 6 Com. Reg. 3166 (Sept. 15, 1984).

 

Commission Comment: The 1987 amendments readopted and republished the 1984 Boating Safety Regulations in their entirety. The Commission, therefore, cites the 1987 amendments in the history sections throughout this chapter.

 

The Commission inserted a comma after the word “surfboard” in subsection (b) pursuant to 1 CMC § 3806(g).

 

§ 150-20-105  Operation in Swimming Zones

 

(a)       No person shall operate a watercraft or vessel of any description within a swimming zone.

 

(b)       No person shall operate a watercraft or vessel of any description at a speed of greater than five miles per hour within 200 yards of any swimming zone.

 

Modified, 1 CMC § 3806(e), (f).

 

History: Amdts Adopted 9 Com. Reg. 4852 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4658 (Sept. 15, 1986); Adopted 6 Com. Reg. 3226 (Nov. 15, 1984); Proposed 6 Com. Reg. 3166 (Sept. 15, 1984).

 

Commission Comment: The 1987 amendments moved former subsections (a) and (b) to § 150-20-401(a) and (b) and re-designated and amended former subsections (c) and (d) as (a) and (b).

 

§ 150-20-110  Operation Near Diving Flags

 

(a)       Skin divers and scuba divers who dive near any area of boating activity are advised to display a diver’s flag so that it can be seen by boat operators.

 

(b)       An operator of a motorboat or any type of watercraft with a motor shall stay well clear of any diver’s flag.

 

(c)       A diver’s flag is described as a red or orange flag with a white diagonal stripe from the top left corner to the lower right corner.

 

History: Amdts Adopted 9 Com. Reg. 4852 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4658 (Sept. 15, 1986); Adopted 6 Com. Reg. 3226 (Nov. 15, 1984); Proposed 6 Com. Reg. 3166 (Sept. 15, 1984).

 

Commission Comment: Saipan Local Law 17-11 (effective July 12, 2011), mandates the use of divers-down flags. To the extent this section conflicts with SLL 17-11 in Saipan, it is superseded.

 

§ 150-20-115  Operation of Motorboat near Other Water Activities

 

An operator of a motorboat or any type of watercraft with a propeller in the water shall stay reasonably clear of any swimmer, sailboat, sailboard, or other vessel not propelled by a motor.

 

History: Amdts Adopted 9 Com. Reg. 4852 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4658 (Sept. 15, 1986); Adopted 6 Com. Reg. 3226 (Nov. 15, 1984); Proposed 6 Com. Reg. 3166 (Sept. 15, 1984).

 

Commission Comment: The Commission inserted a comma after the word “sailboard” pursuant to 1 CMC § 3806(g).

 

§ 150-20-120  Operation in Exclusion Areas

 

No person shall operate a vessel in an area from which a vessel of that type has been excluded under the regulations in this chapter.

 

Modified, 1 CMC § 3806(d).

 

History: Amdts Adopted 9 Com. Reg. 4852 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4658 (Sept. 15, 1986).

 

§ 150-20-125  Vessel Carrying Passengers or Cargo Inter-island

 

An operator of any type of vessel for hire which intends to carry either cargo or passengers between one island and another must file a float plan with the Department of Public Safety before embarking on the voyage. The float plan shall be on a form provided by the Boating Safety Division.

 

History: Amdts Adopted 9 Com. Reg. 4852 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4658 (Sept. 15, 1986); Adopted 6 Com. Reg. 3226 (Nov. 15, 1984); Proposed 6 Com. Reg. 3166 (Sept. 15, 1984).

 

Part 200 -       Safety Equipment

 

§ 150-20-201  Lifesaving Devices

 

(a)       Any vessel carrying passengers for hire shall place signs on board the vessel indicating the location of lifesaving devices so that any reasonable passenger would not have difficulty locating the lifesaving devices.

 

(b)       No boat livery shall allow a jet ski or aquaplane to be rented to a person without requiring that person and each passenger to wear a personal flotation device for each person on board.

 

History: Amdts Adopted 9 Com. Reg. 4852 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4658 (Sept. 15, 1986); Adopted 6 Com. Reg. 3226 (Nov. 15, 1984); Proposed 6 Com. Reg. 3166 (Sept. 15, 1984).

 

§ 150-20-205  Fire Extinguishers, Flame Arrestors, Lifesaving Devices

 

All vessels shall comply with 3 CMC § 5451(b), (c), (e), and (f), when applicable. The Director of Public Safety hereby prescribes such devices as are approved by the United States Coast Guard.

 

History: Amdts Adopted 9 Com. Reg. 4852 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4658 (Sept. 15, 1986); Adopted 6 Com. Reg. 3226 (Nov. 15, 1984); Proposed 6 Com. Reg. 3166 (Sept. 15, 1984).

 

Commission Comment: The Commission inserted a comma after the designation “(e)” pursuant to 1 CMC § 3806(g).

 

Part 300 -       Boating Safety Program

 

§ 150-20-301  Boat Liveries and Boat Tours

 

(a)       The Director of Public Safety shall establish by November 1, 1984 a Boating Safety Education Program in cooperation with the United States Coast Guard. The program shall consist of two segments: the Commonwealth Boating Safety Act of 1982 and its regulations and the United States Coast Guard rules applicable to boat liveries and boat tours in the Northern Mariana Islands.

 

(b)       The owners, operators, and employees of every livery and boat tour that is in operation in the Commonwealth as of the effective date of the regulations in this chapter shall attend and successfully complete the Boating Safety Education Program before January 1, 1985. Businesses which go into operation after the effective date of the regulations in this chapter shall have ninety days from the start of their operation for their owners, operators, and employees to attend and successfully complete the Boating Safety Education Program. Owners, operators, and employees which become employed by or associated with a boat livery or boat tour which is in operation on the effective date of the regulations in this chapter, after the effective date shall have ninety days from the date of their employment or association in which to attend and successfully complete the Boating Safety Educational Program.

 

(c)       Failure to comply with subsection (b) of this section will result in an order from the Director that the boat livery or boat tour not charter, rent, or lease vessels on the waters within the Commonwealth and not carry passengers for hire on the waters within the Commonwealth.

 

(d)       Failure to obey an order of the Director of Public Safety is a criminal offense for which a person may be fined not more than $1,000.00 or imprisoned not more than one year, or both, and may result in a court order depriving the offender person or corporation of the privilege of operating any vessel on the waters of the Commonwealth for a period of two years, as provided in 3 CMC § 5462.

 

(e)       A “boat livery” is defined at 3 CMC § 5412(a).

 

(f)        A “boat tour” is any vessel which carries passengers for hire for any purpose.

 

Modified, 1 CMC § 3806(c), (d), (e), (f).

 

History: Amdts Adopted 9 Com. Reg. 4852 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4658 (Sept. 15, 1986); Adopted 6 Com. Reg. 3226 (Nov. 15, 1984); Proposed 6 Com. Reg. 3166 (Sept. 15, 1984).

 

Commission Comment: The Commission inserted commas after the words “operator” in subsection (b) and “rent” in subsection (c) pursuant to 1 CMC § 3806(g).

 

Part 400 -       Swimming Zones

 

§ 150-20-401  Operation of Swimming Zones

 

(a)       The Director of Public Safety or his designee may designate swimming zones. A public notice of this designation shall be published in the Commonwealth Register and at least in two consecutive weekly issues of a newspaper of general circulation in the Commonwealth. Additionally, a public notice must be posted in at least one public place each on Saipan, Rota, and Tinian for designation of swimming zones on each island respectively.

 

(b)       A swimming zone must be conspicuously marked so as to inform a reasonable boating operator that a specific area is a swimming zone.

 

(c)       All swimming zones shall be measured not more than 200 feet in length and measured not more than 100 feet in width.

 

(d)       All buoys marking swimming zones shall be of a type and size that does not conflict the Code of Federal Boating Safety Navigational Regulations.

 

Modified, 1 CMC § 3806(e), (f).

 

History: Amdts Adopted 9 Com. Reg. 4852 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4658 (Sept. 15, 1986); Adopted 6 Com. Reg. 3226 (Nov. 15, 1984); Proposed 6 Com. Reg. 3166 (Sept. 15, 1984).

 

Commission Comment: The 1987 amendments moved subsections (a) and (b) from former § 102(a) and (b), amended subsection (a) and added subsections (c) and (d). See 6 Com. Reg. at 3168 (Sept. 15, 1984); see also § 150-20-105 and the commission comment thereto.

 

The Commission inserted a comma after the word “Rota” in subsection (a) pursuant to 1 CMC § 3806(g).

 

§ 150-20-405  Designation of Swimming Zones

 

Swimming zones shall be established and marked in consultation with Coastal Resources Management Office, Marianas Visitors Bureau, and adjacent land owners in the following areas:

Areas designated are:

 

(a)       The beach in front of Hyatt Regency Hotel.

 

(b)       The beach in front of Saipan Beach Hotel.

 

(c)       The beach in front of Diamond Hotel.

 

(d)       The beach in front of Saipan Grand Hotel.

 

(e)       The beach in front of Chalan Kanoa Beach Club Hotel.

 

(f)        The beach in front of Surf Hotel.

 

(g)       The beach on the southern and western portions of Managaha Island.

 

History: Amdts Adopted 9 Com. Reg. 4852 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4658 (Sept. 15, 1986).

 

Commission Comment: The Commission inserted a comma after the word “Bureau” in the initial paragraph pursuant to 1 CMC § 3806(g).

 

Part 500 -       Jet Ski Operations

 

§ 150-20-501  Application

 

All jet skis are subject to this part and all other applicable sections of the regulations in this chapter and the Boating Safety Act of 1982 as amended from time to time.

 

Modified, 1 CMC § 3806(d).

 

History: Amdts Adopted 9 Com. Reg. 4852 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4658 (Sept. 15, 1986).

 

§ 150-20-505  Exclusion Areas

 

No jet ski may be landed, launched, or operated within the following areas:

 

(a)       North Lagoon: All of the water extending from the mean high water line seaward to the outer shelf of the barrier reef north of a line beginning at the tip of Punta Flores and extending due north.

 

(b)       South Lagoon: All of the water extending from the mean high water line beginning at a point on the shoreline 30 feet south of Sugar Dock and extending due west.

 

(c)       Micro Beach: An area extending 200 yards seaward from the mean low water line from the northern end of the Saipan Beach Hotel tennis courts north to the tip of Point Muchot.

 

(d)       An area extending 200 yards seaward from the mean low water line from the pier adjacent to the Carolinian Cultural Center north to the northern edge of the Hafa Adai Hotel.

 

(e)       Grand/Diamond: An area extending 200 yards seaward from the mean low water line from the southern edge of the Saipan Grand Hotel north to the northern edge of the Diamond Hotel.

 

(f)        Chalan Laulau: An area extending 200 yards seaward from the mean low water line from the northern edge of Civic Center Beach north of the Garapan Fishing Center dock.

 

(g)       Managaha: An area surrounding Managaha Island bounded by lines running at latitude 15º 14' 0" N; latitude 15º 14' 45" N; longitude 145º 41' 30" E; longitude 145º 42' 50" E.

 

(h)       Lake Susupe: The entire area of Lake Susupe.

 

History: Amdts Adopted 9 Com. Reg. 4852 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4658 (Sept. 15, 1986).

 

Commission Comment: The Commission inserted a comma after the word “launched” in the opening paragraph pursuant to 1 CMC § 3806(g).

 

Part 600 -       Jet Ski Rental Operations

 

§ 150-20-601  Definition

 

A jet ski rental operation is the rental of a jet ski to others on a regular basis for the purpose of operating the jet ski.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 9 Com. Reg. 4852 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4658 (Sept. 15, 1986).

 

§ 150-20-605  Launching and Landing

 

Jet ski rental operations shall only stage their operation and allow the launching and landing of their jet skis at the following locations:

 

(a)       The Chalan Kanoa Susupe Regional Park.

 

(b)       The southern end of Civic Center Beach.

 

(c)       The Samoan housing in Garapan north of the Hafa Adai Hotel.

 

(d)       The public beach adjacent to Martiu’s Bar and Grill.

 

(e)       The sea plane ramp.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Amdts Adopted 9 Com. Reg. 4852 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4658 (Sept. 15, 1986).

 

Commission Comment: In subsection (a), the Commission inserted the final period in order to ensure consistent punctuation in this section.

 

§ 150-20-610  Operation

 

Jet ski rental operations shall only allow their patrons to operate jet skis on marked courses in the areas of the lagoon adjacent to the launching and landing areas set forth in § 150-20-605 as specified in the operator’s coastal permit issued by the Coastal Management Program. Such areas are incorporated into the regulations in this chapter by reference and are subject to enforcement by Boating Safety as part of these regulations. The jet ski rental operators shall be responsible for installing and maintaining all buoys and other markings required for their operation by permit or law.

 

Modified, 1 CMC § 3806(c), (d), (f).

 

History: Amdts Adopted 9 Com. Reg. 4852 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4658 (Sept. 15, 1986).

 

§ 150-20-615  Hours of Operation

 

Jet ski rental operations shall only operate between eight o’clock a.m. and six o’clock p.m.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 9 Com. Reg. 4852 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4658 (Sept. 15, 1986).

 

§ 150-20-620  Insurance

 

All jet ski rental operators must carry liability insurance in such amounts as may be required by the Coastal Resources Management Office.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 9 Com. Reg. 4852 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4658 (Sept. 15, 1986).

 

§ 150-20-625  CRM Permit

 

No person may conduct a jet ski rental operation without a coastal permit issued by the Coastal Resources Management Program.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 9 Com. Reg. 4852 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4658 (Sept. 15, 1986).

 

Part 700 -       Water Ski Operations

 

§ 150-20-701  Exclusion Areas

 

No one may water ski in the Managaha exclusion area described in § 150-20-505(f).

 

Modified, 1 CMC § 3806(c).

 

History: Amdts Adopted 9 Com. Reg. 4852 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4658 (Sept. 15, 1986).

 

Commission Comment: The Commission created the section title.

 

Part 800 -       Miscellaneous Provisions

 

§ 150-20-801  Severability

 

Should any section, paragraph, sentence, clause, phrase or application of the rules and regulations in this chapter be declared unconstitutional or invalid for any reason by competent authority, the remainder or any other application of these rules and regulations shall not be affused* in any way thereby.

 

*So in original.

 

Modified, 1 CMC § 3806(d).

 

History: Amdts Adopted 9 Com. Reg. 4852 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4658 (Sept. 15, 1986).

 

§ 150-20-805  Enforcement & Penalties

 

(a)       The rules and regulations in this chapter shall be enforceable by the Division of Boating Safety in the manner and to the full extent authorized by the Boating Safety Act of 1982, 3 CMC §§ 5401, et seq.

 

(b)       Any person who violates any provision of the regulations in this chapter shall pursuant to the 3 CMC § 5462 be fined not more than $1,000 or imprisoned not more than one year, or both; provided, that in addition to, or as a condition to the suspension of, such fines and penalties, the court may deprive the offender of the privilege of operating any vessel on the waters of the Commonwealth for a period of not more than two years.

 

Modified, 1 CMC § 3806(d), (f).

 

History: Amdts Adopted 9 Com. Reg. 4852 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4658 (Sept. 15, 1986).

 

§ 150-20-810  Certification

 

The undersigned hereby certifies that the rules and regulations in this chapter have been officially promulgated and adopted as regulations pursuant to the authority contained in the Boating Safety Act of 1982, 3 CMC §§ 5401, et seq.

 

Modified, 1 CMC § 3806(d).

 

History: Amdts Adopted 9 Com. Reg. 4852 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4658 (Sept. 15, 1986).


 

 

 

CHAPTER 150-30

[RESERVED]

 

Commission Comment: This chapter was originally created for the Division of Corrections within the Department of Public Safety. PL 14-25 (effective Aug. 20, 2004), codified at 1 CMC §§ 2851-2883, transferred all responsibility for correctional and detention functions from the Department of Public Safety and the Office of the Attorney General’s Division of Immigration to the Department of Corrections, a new executive department. See NMIAC, title 57, chapter 20 for the new Division of Corrections regulations.

 

[Reserved.]

 

 


 

CHAPTER 150-40

[RESERVED]

 

Commission Comment: This chapter was originally created for the Fire Division within the Department of Public Safety. PL 18-73 (effective Jan. 25, 2015), codified at 1 CMC §§ 28001-28053, transferred all responsibility for fire-related functions to the Department of Fire and Emergency Medical Services, a new executive department. See NMIAC, Title 72 for the new fire regulations.

 


 

 

CHAPTER 150-50

BUREAU OF MOTOR VEHICLES

 

SUBCHAPTER 150-50.1

LICENSE PLATE FEES AND REQUIREMENTS RULES AND REGULATIONS

 


Part 001          General Provisions [Reserved]

 

Part 100          License Plates

§ 150-50.1-101           Issuance of License Plates

§ 150-50.1-105           Display of Registration and Year Number

§ 150-50.1-110           License Plate Shape and Size

§ 150-50.1-115           General and Individual Distinguishing Numbers

§ 150-50.1-120           License Plate Attachment and Visibility

 

Part 200          License Plates; Government Officials

§ 150-50.1-201           License Plates; Government Officials

 

Part 300          Personalized License Plates

§ 150-50.1-301           Application

§ 150-50.1-305           Color and Design

§ 150-50.1-310           Personalized License Plates; Defined

§ 150-50.1-315           Issuance

§ 150-50.1-320           Form and Date of Application; Letters and Numbers

§ 150-50.1-325           Transfer Fee

§ 150-50.1-330           Transfer or Surrender of Plates

§ 150-50.1-335           License Plates; Devices in Lieu of

 

Part 400          Dealer(s)

§ 150-50.1-401           Special Dealer Plates

§ 150-50.1-405           Application for Special Dealer Plates

§ 150-50.1-410           Dealer Plates; Numbering; Use

§ 150-50.1-415           Attachment Requirement; Exceptions

§ 150-50.1-420           Unauthorized Use of License Plates

 

Part 500          Fees

§ 150-50.1-501           Payment Type

§ 150-50.1-505           Fees

§ 150-50.1-510           Additional Fee Schedule

§ 150-50.1-515           Fees for Commercial Vehicles

§ 150-50.1-520           Expiration of Registration; Renewal

§ 150-50.1-525           Transfers by Operation of Law

§ 150-50.1-530           Certificate of Loss, Etc.

§ 150-50.1-535           Penalty


 

Subchapter Authority: 1 CMC § 2507; 9 CMC § 1204.

 

Subchapter History: Adopted 10 Com. Reg. 5736 (Nov. 15, 1988); Proposed 10 Com. Reg. 5655 (Aug. 15, 1988); Emergency and Proposed 10 Com. Reg. 5572 (June 15, 1988) (effective for 120 days from May 19, 1988).

 

Commission Comment: PL 1-8, tit. 1, ch. 10, codified as amended at 1 CMC §§ 2501-2507, creates the Department of Public Safety (DPS) within the Commonwealth government, composed of a police force. See 1 CMC § 2501; see also PL 14-25 § 3 (effective Aug. 20, 2004) (amending 1 CMC § 2501). 1 CMC § 2504(f) authorizes the Department to inspect motor vehicles and enforce motor vehicle registration laws. 1 CMC § 2507 directs the Department to adopt rules and regulations regarding activities over which it has jurisdiction.

 

Title 9 of the Commonwealth Code sets forth the vehicle code for the CNMI. 9 CMC § 1201 creates a Bureau of Motor Vehicles (BMV) within the Department of Public Safety. The BMV is authorized to administer the vehicle code and to develop rules and regulations necessary to carry out the administration of the laws vested in the Bureau for adoption by the Director of DPS. 9 CMC § 1204.

 

On June 30, 1981, DPS published notice of proposed “Regulations Increasing the Driver License Fee.” The text of the proposed regulations was not published with the notice and a notice of adoption was never published. However, the notice stated: “If no comments have been received at the expiration of the Notice period provided herein, the said Regulations shall become effective without further Notice or publication.” See 3 Com. Reg. 1281 (June 30, 1981).

 

Public Law 15-29, the Motor Scooter Act of 2006 effective September 26, 2006, amended the definitions of moped and motorcycle and added a definition for motor scooter in 9 CMC § 1102. PL 15-29, among other things, addresses registration fees, operators’ licenses, lease and rental arrangements, and the application of traffic laws for the operation of motorcycles, mopeds and motor scooters. PL 15-29 specifically includes a motor scooter as a motor vehicle and sets forth penalties for violations of operation requirements. Vehicle is not defined in this subchapter. Presumably, the regulations in this subchapter apply to motor scooters as a motor vehicle pursuant to 9 CMC § 1102.

 

Public Law 18-22, effective October 8, 2013, amended 9 CMC § 2116 to reduce the issuance fee for a veteran license plate. To the extent that these regulations conflict with PL 18-22, they are superseded.

 

Part 001 -       General Provisions

 

[Reserved.]

 

Part 100 -       License Plates

 

§ 150-50.1-101           Issuance of License Plates

 

Upon registering a vehicle, the Department of Public Safety (DPS) Bureau of Motor Vehicles (BMV) shall issue to the owner two license plates. One plate shall be attached to the rear of the motor vehicle and one plate shall be attached to the front of the motor vehicle. These plates shall be kept clean and the numbers must be visible from a distance of fifty feet. Such plates shall identify the vehicles for which they are issued for the period of their validity.

 

Modified, 1 CMC § 3806(e).

 

History: Adopted 10 Com. Reg. 5736 (Nov. 15, 1988); Proposed 10 Com. Reg. 5655 (Aug. 15, 1988); Emergency and Proposed 10 Com. Reg. 5572 (June 15, 1988) (effective for 120 days from May 19, 1988).

 

Commission Comment: The Commission created the section titles in part 100.

 

§ 150-50.1-105           Display of Registration and Year Number

 

Every license plate shall have displayed upon it the registration number assigned to the vehicle for which it is issued together with the word “CNMI” and the year number for which it is issued or a suitable device issued by the DPS BMV for validation purposes, which device shall contain the year number for which issued.

 

History: Adopted 10 Com. Reg. 5736 (Nov. 15, 1988); Proposed 10 Com. Reg. 5655 (Aug. 15, 1988); Emergency and Proposed 10 Com. Reg. 5572 (June 15, 1988) (effective for 120 days from May 19, 1988).

 

§ 150-50.1-110           License Plate Shape and Size

 

License plates shall be rectangular in shape and such size as the Director DPS may determine. Upon originally registering a vehicle and an annual re-registration of such vehicles the Bureau shall issue to the owner suitable plates or devices indicating such annual registration which shall be attached to the vehicle as provided in this subchapter.

 

Modified, 1 CMC § 3806(d).

 

History: Adopted 10 Com. Reg. 5736 (Nov. 15, 1988); Proposed 10 Com. Reg. 5655 (Aug. 15, 1988); Emergency and Proposed 10 Com. Reg. 5572 (June 15, 1988) (effective for 120 days from May 19, 1988).

 

§ 150-50.1-115           General and Individual Distinguishing Numbers

 

The Department shall also issue such plates as applied for which shall have displayed thereon the general distinguishing number assigned to the applicant. Each plate or pair of plates so issued shall also contain a number or symbol identifying the same from every other plate or pair of plates bearing a like general distinguishing number.

 

History: Adopted 10 Com. Reg. 5736 (Nov. 15, 1988); Proposed 10 Com. Reg. 5655 (Aug. 15, 1988); Emergency and Proposed 10 Com. Reg. 5572 (June 15, 1988) (effective for 120 days from May 19, 1988).

 

§ 150-50.1-120           License Plate Attachment and Visibility

 

Every license plate shall at all times be securely fastened to the vehicle for which it is issued so as to prevent the plate from swinging, and at a minimum distance of twelve inches from the ground in a position to be clearly visible. Every license plate shall be maintained free from foreign materials and in a condition to be clearly legible.

 

Modified, 1 CMC § 3806(e).

 

History: Adopted 10 Com. Reg. 5736 (Nov. 15, 1988); Proposed 10 Com. Reg. 5655 (Aug. 15, 1988); Emergency and Proposed 10 Com. Reg. 5572 (June 15, 1988) (effective for 120 days from May 19, 1988).

 

Part 200 -       License Plates; Government Officials

 

§ 150-50.1-201           License Plates; Government Officials

 

(a)       In carrying out the issuance of license plates pursuant to the provisions of 9 CMC § 2 [9 CMC, division 2], the Director DPS shall issue special licenses bearing the following designations to the following officials of the CNMI government for use on their privately-owned vehicles, or to those persons expressly authorized by the Director of Public Safety.

 

Office Plate                                        Designation

Governor                                             Governor

Lieutenant Governor                          Lieutenant Governor

Senate President                                 Senate President

Speaker                                               Speaker

Senators                                              Senator

House of Representatives                   House of Representatives

Judges                                                 Judge

Washington Representative               Washington Representative

Mayor                                                 Mayor

 

(b)       The foregoing licenses shall be issued to those entitled thereto upon their assumption of the office in question. Such licenses shall be surrendered to the BMV upon their removal from said office for any cause. Nothing herein contained shall be construed as authorizing the waiver of the local registration and licensing requirements for such vehicles and their respective owners nor of preventing the issuance of special CNMI plates to the official government-owned vehicles assigned to any public officer.

 

History: Adopted 10 Com. Reg. 5736 (Nov. 15, 1988); Proposed 10 Com. Reg. 5655 (Aug. 15, 1988); Emergency and Proposed 10 Com. Reg. 5572 (June 15, 1988) (effective for 120 days from May 19, 1988).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) and (b). It appears that the reference to 9 CMC § 2 in subsection (a) was intended to refer to title 9, division 2 of the Commonwealth Code, “Registration and Licenses.”

 

Part 300 -       Personalized License Plates

 

§ 150-50.1-301           Application

 

Any person who is the registered owner or lessee of a passenger vehicle, commercial vehicle, or trailer registered with the DPS BMV or who makes application for an original registration or renewal registration of any such vehicle may, upon payment of the fee prescribed in 9 CMC § 2104 apply to the DPS BMV for personalized license plates in the manner prescribed in § 2101 which plates shall be affixed to the passenger vehicle, commercial vehicle, or trailer for which registration is sought in lieu of the regular license plates.

 

History: Adopted 10 Com. Reg. 5736 (Nov. 15, 1988); Proposed 10 Com. Reg. 5655 (Aug. 15, 1988); Emergency and Proposed 10 Com. Reg. 5572 (June 15, 1988) (effective for 120 days from May 19, 1988).

 

Commission Comment: The Commission inserted a comma after the word “vehicle” pursuant to 1 CMC § 3806(g).

 

§ 150-50.1-305           Color and Design

 

The personalized license plates shall be the same color and design as regular passenger vehicle, commercial vehicle, or trailer license plates, and shall consist of numbers or letters, or any combination thereof not exceeding seven positions provided that there are no conflicts with existing passenger, commercial, trailer, motorcycle or with the provisions of this subchapter.

 

Modified, 1 CMC § 3806(d), (e).

 

History: Adopted 10 Com. Reg. 5736 (Nov. 15, 1988); Proposed 10 Com. Reg. 5655 (Aug. 15, 1988); Emergency and Proposed 10 Com. Reg. 5572 (June 15, 1988) (effective for 120 days from May 19, 1988).

 

Commission Comment: The Commission inserted a comma after the word “vehicle” pursuant to 1 CMC § 3806(g).

 

§ 150-50.1-310           Personalized License Plates; Defined

 

“Personalized license plates,” as used in this part means license plates that have displayed upon them the registration number assigned to the passenger vehicle, commercial vehicle, or trailer for which such registration number was issued in a combination of letters and/or numbers, as applied for by the owner or lessee of the vehicle.

 

Modified, 1 CMC § 3806(d), (g).

 

History: Adopted 10 Com. Reg. 5736 (Nov. 15, 1988); Proposed 10 Com. Reg. 5655 (Aug. 15, 1988); Emergency and Proposed 10 Com. Reg. 5572 (June 15, 1988) (effective for 120 days from May 19, 1988).

 

Commission Comment: The Commission moved the comma after “plates” inside of the closing quotation mark. The Commission inserted a comma after the word “vehicle” pursuant to 1 CMC § 3806(g).

 

§ 150-50.1-315           Issuance

 

Personalized license plates shall be issued only to the registered owner or lessee of the vehicle on which they are to be displayed.

 

History: Adopted 10 Com. Reg. 5736 (Nov. 15, 1988); Proposed 10 Com. Reg. 5655 (Aug. 15, 1988); Emergency and Proposed 10 Com. Reg. 5572 (June 15, 1988) (effective for 120 days from May 19, 1988).

 

§ 150-50.1-320           Form and Date of Application; Letters and Numbers

 

An applicant for issuance of personalized license plates or renewal of such plates in the subsequent year pursuant to this part shall file an application therefore in such form and by such date as the DPS BMV may require indicating thereon the combination of letters and/or numbers requested as a registration number. There shall be no duplication of registration numbers, nor of personalized license plates.

 

Modified, 1 CMC § 3806(d).

 

History: Adopted 10 Com. Reg. 5736 (Nov. 15, 1988); Proposed 10 Com. Reg. 5655 (Aug. 15, 1988); Emergency and Proposed 10 Com. Reg. 5572 (June 15, 1988) (effective for 120 days from May 19, 1988).

 

§ 150-50.1-325           Transfer Fee

 

Whenever any person who has been issued personalized license plates applies to the DPS BMV for transfer of such plates to another passenger vehicle, commercial vehicle, or trailer, a transfer fee of twenty-five dollars shall be imposed in addition to all other appropriate fees.

 

Modified, 1 CMC § 3806(e), (f).

 

History: Adopted 10 Com. Reg. 5736 (Nov. 15, 1988); Proposed 10 Com. Reg. 5655 (Aug. 15, 1988); Emergency and Proposed 10 Com. Reg. 5572 (June 15, 1988) (effective for 120 days from May 19, 1988).

 

Commission Comment: The Commission inserted a comma after the word “vehicle” pursuant to 1 CMC § 3806(g).

 

§ 150-50.1-330           Transfer or Surrender of Plates

 

When any person who has been issued personalized license plates sells, trades, or otherwise releases ownership of the vehicle upon which the personalized license plates have been displayed, he shall immediately report the transfer of such plates to an acquired passenger vehicle, commercial vehicle, or trailer pursuant to 9 CMC § 2103 or he shall surrender such plates to the DPS BMV forthwith.

 

History: Adopted 10 Com. Reg. 5736 (Nov. 15, 1988); Proposed 10 Com. Reg. 5655 (Aug. 15, 1988); Emergency and Proposed 10 Com. Reg. 5572 (June 15, 1988) (effective for 120 days from May 19, 1988).

 

Commission Comment: The Commission inserted commas after the words “trades” and “vehicle” pursuant to 1 CMC § 3806(g).

 

§ 150-50.1-335           License Plates; Devices in Lieu of

 

The DPS Chief of BMV may issue one or more stickers or other suitable devises in lieu of the license plates provided under the regulations in this subchapter.

 

Modified, 1 CMC § 3806(e), (d).

 

History: Adopted 10 Com. Reg. 5736 (Nov. 15, 1988); Proposed 10 Com. Reg. 5655 (Aug. 15, 1988); Emergency and Proposed 10 Com. Reg. 5572 (June 15, 1988) (effective for 120 days from May 19, 1988).

 

Part 400 -       Dealer(s)

 

§ 150-50.1-401           Special Dealer Plates

 

A dealer or distributor owning any vehicle of a type otherwise required to be registered under 9 CMC § 2 [9 CMC, division 2] may operate or move such vehicle upon the highways solely for the purpose of testing, demonstrating, repairing, delivering, servicing, storing, or selling such vehicle without registering it upon conditions that there be displayed on the vehicle a special plate or plates issued to such owner.

 

History: Adopted 10 Com. Reg. 5736 (Nov. 15, 1988); Proposed 10 Com. Reg. 5655 (Aug. 15, 1988); Emergency and Proposed 10 Com. Reg. 5572 (June 15, 1988) (effective for 120 days from May 19, 1988).

 

Commission Comment: The Commission created the section titles in part 400. It appears that the reference to 9 CMC § 2 was intended to refer to title 9, division 2 of the Commonwealth Code, “Registration and Licenses.”

 

The Commission inserted a comma after the word “storing” pursuant to 1 CMC § 3806(g).

 

§ 150-50.1-405           Application for Special Dealer Plates

 

A dealer or distributor applying for a special dealer plate or plates shall make written application to the Department of Public Safety setting forth such information, and accompanied by such proof of his status as a bona fide dealer or distributor as may reasonably be required by the Department.

 

History: Adopted 10 Com. Reg. 5736 (Nov. 15, 1988); Proposed 10 Com. Reg. 5655 (Aug. 15, 1988); Emergency and Proposed 10 Com. Reg. 5572 (June 15, 1988) (effective for 120 days from May 19, 1988).

 

§ 150-50.1-410           Dealer Plates; Numbering; Use

 

Upon granting any application, the Department shall issue to the applicant a certificate listing the dealer plate or plates assigned to the applicant. Dealer plate or plates shall be numbered in a separate numerical series and bear a suitable mark or symbol. Such plate or plates shall be used only for the purpose described herein.

 

History: Adopted 10 Com. Reg. 5736 (Nov. 15, 1988); Proposed 10 Com. Reg. 5655 (Aug. 15, 1988); Emergency and Proposed 10 Com. Reg. 5572 (June 15, 1988) (effective for 120 days from May 19, 1988).

 

§ 150-50.1-415           Attachment Requirement; Exceptions

 

Every license plate shall remain attached during the period of its validity to the vehicle for which it is issued except as otherwise permitted by law with reference to special plates issued to a dealer or distributor, and except plates issued for vehicles which are exempt from payment or registration fees, or plates which bear other distinguishing marks or symbols when such vehicles are no longer entitled to plates bearing distinguishing marks or symbols. This section shall not apply to plates which the Department has ordered to be surrendered or transferred to another vehicle or removed.

 

Modified, 1 CMC § 3806(d).

 

History: Adopted 10 Com. Reg. 5736 (Nov. 15, 1988); Proposed 10 Com. Reg. 5655 (Aug. 15, 1988); Emergency and Proposed 10 Com. Reg. 5572 (June 15, 1988) (effective for 120 days from May 19, 1988).

 

§ 150-50.1-420           Unauthorized Use of License Plates

 

The Director of Public Safety shall take possession of any vehicle which has a license plate or special plate attached thereto, which license plate or special plate was not issued for such vehicle. Such license plate or special plate, unless shown to have been stolen, shall be revoked by the Director of Public Safety. The vehicle shall be returned to its owner after the payment of all fees and penalties provided for by this 9 CMC § 2 [9 CMC, division 2] and payment has been received by the Director of Public Safety for any and all costs incurred for the taking into possession and storage of the vehicle.

 

Modified, 1 CMC § 3806(g).

 

History: Adopted 10 Com. Reg. 5736 (Nov. 15, 1988); Proposed 10 Com. Reg. 5655 (Aug. 15, 1988); Emergency and Proposed 10 Com. Reg. 5572 (June 15, 1988) (effective for 120 days from May 19, 1988).

 

Commission Comment: In the second sentence, the Commission inserted the word “plate” after “special” to correct a manifest error. It appears that the reference to 9 CMC § 2 was intended to refer to title 9, division 2 of the Commonwealth Code, “Registration and Licenses.”

 

Part 500 -       Fees

 

§ 150-50.1-501           Payment Type

 

Payments for registration fees and license plates may be made by the applicant’s personal or company check or U.S. Postal Service money order or cash which shall be made payable to the CNMI Treasurer and may be mailed to the Department of Finance, CNMI Treasurer.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 10 Com. Reg. 5736 (Nov. 15, 1988); Proposed 10 Com. Reg. 5655 (Aug. 15, 1988); Emergency and Proposed 10 Com. Reg. 5572 (June 15, 1988) (effective for 120 days from May 19, 1988).

 

Commission Comment: The Commission created the section title.

 

§ 150-50.1-505           Fees

 

Registration fees shall be paid to the Director of Finance, through the Division of Revenue and Taxation, corresponding to the itemized fee schedule pursuant to 9 CMC § 2104.

 

History: Adopted 10 Com. Reg. 5736 (Nov. 15, 1988); Proposed 10 Com. Reg. 5655 (Aug. 15, 1988); Emergency and Proposed 10 Com. Reg. 5572 (June 15, 1988) (effective for 120 days from May 19, 1988).

 

Commission Comment: Section 8(a)(2) of PL 16-02 (effective May 3, 2008) increased vehicle registration fees by 100%. The Department promulgated new regulations to implement this increase, codified at subchapter 150-50.7. To the extent this section conflicts with subchapter 150-50.7, it is superseded.

 

§ 150-50.1-510           Additional Fee Schedule

 

The following specialized registration and license plate charges shall apply as expressly authorized by the Director of Public Safety. These charges are in addition to fees provided for under 9 CMC § 2104.

(a)       Personalized                           $ 75.00

(b)       Sample (collector’s plate)      $ 75.00

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 10 Com. Reg. 5736 (Nov. 15, 1988); Proposed 10 Com. Reg. 5655 (Aug. 15, 1988); Emergency and Proposed 10 Com. Reg. 5572 (June 15, 1988) (effective for 120 days from May 19, 1988).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) and (b). The Department promulgated new regulations to implement this increase, codified at subchapter 150-50.7. To the extent this section conflicts with subchapter 150-50.7, it is superseded.

 

§ 150-50.1-515           Fees for Commercial Vehicles

 

(a)       All motor vehicles used for commercial purposes shall pay a fee(s) in addition to those provided for in 9 CMC § 2104 as follows:

Taxi                                         $25.00

Dealer                                     $200.00

Trailers and Low Boys           $25.00

Trucks                                     $100.00

Buses                                      $25.00

 

(b)       Commercial motor vehicle shall be defined as those vehicles operated primarily for business and/or industry as contrasted with a personal, pleasure or family vehicle.

 

History: Adopted 10 Com. Reg. 5736 (Nov. 15, 1988); Proposed 10 Com. Reg. 5655 (Aug. 15, 1988); Emergency and Proposed 10 Com. Reg. 5572 (June 15, 1988) (effective for 120 days from May 19, 1988).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) and (b).

 

The Commission created the section title. The Commission inserted a comma after the word “pleasure” in subsection (b) pursuant to 1 CMC § 3806(g).

 

Section 8(a)(2) of PL 16-02 (effective May 3, 2008) increased vehicle registration fees by 100%. The Department promulgated new regulations to implement this increase, codified at subchapter 150-50.7. To the extent this section conflicts with subchapter 150-50.7, it is superseded.

 

§ 150-50.1-520           Expiration of Registration; Renewal

 

All new registrations or renewals issued under 9 CMC § 2101 shall expire one year from the original date of registration at midnight. Upon application to the DPS BMV and payment of the fee(s) provided for in 9 CMC and this subchapter, the person to whom any such plate were issued may obtain a new plate or device, as specified by the Director of Public Safety, indicating registration for the coming year.

 

Modified, 1 CMC § 3806(d), (e), (g).

 

History: Adopted 10 Com. Reg. 5736 (Nov. 15, 1988); Proposed 10 Com. Reg. 5655 (Aug. 15, 1988); Emergency and Proposed 10 Com. Reg. 5572 (June 15, 1988) (effective for 120 days from May 19, 1988).

 

Commission Comment: The Commission changed “was” to “were” to correct a manifest error. The Commission created the section title.

 

§ 150-50.1-525           Transfers by Operation of Law

 

Whenever the title or interest of an owner in or to a registered vehicle shall pass to another otherwise than by voluntary transfer, the registration shall expire and the vehicle shall not be operated upon the highways unless and until the person entitled to possession of such vehicle shall apply for and obtain the registration thereof.

 

Modified, 1 CMC § 3806(g).

 

History: Adopted 10 Com. Reg. 5736 (Nov. 15, 1988); Proposed 10 Com. Reg. 5655 (Aug. 15, 1988); Emergency and Proposed 10 Com. Reg. 5572 (June 15, 1988) (effective for 120 days from May 19, 1988).

 

Commission Comment: The Commission changed “an until” to “and until” to correct a manifest error.

 

§ 150-50.1-530           Certificate of Loss, Etc.

 

Whenever application is made to the DPS BMV for a transfer or registration of a vehicle to a new owner or legal owner and the applicant is unable to present the certificate of ownership or registration card issued for such a vehicle by reason of the same being lost or otherwise not available, the Department may receive such application and investigate the circumstances of the case and may require the filing of affidavits or other information, and when the Department is satisfied that the applicant is entitled to a transfer of registration, the Department may transfer the registration of such vehicle, or re-register such vehicle under a new registration number, and issue a new certificate of ownership and registration card to the person or persons found to be entitled thereto.

 

History: Adopted 10 Com. Reg. 5736 (Nov. 15, 1988); Proposed 10 Com. Reg. 5655 (Aug. 15, 1988); Emergency and Proposed 10 Com. Reg. 5572 (June 15, 1988) (effective for 120 days from May 19, 1988).

 

§ 150-50.1-535           Penalty

 

A penalty fee will be charged for those motor vehicles operating on the highway(s) whose registration has expired in excess of ten working days. The penalty fee for expired registrations will be $50.00.

 

Modified, 1 CMC § 3806(e).

 

History: Adopted 10 Com. Reg. 5736 (Nov. 15, 1988); Proposed 10 Com. Reg. 5655 (Aug. 15, 1988); Emergency and Proposed 10 Com. Reg. 5572 (June 15, 1988) (effective for 120 days from May 19, 1988).

 

Commission Comment: Section 8(a)(2) of PL 16-02 (effective May 3, 2008) increased vehicle registration fees by 100%. The Department promulgated new regulations to implement this increase, codified at subchapter 150-50.7. To the extent this section conflicts with subchapter 150-50.7, it is superseded.


 

 

SUBCHAPTER 150-50.2

MOTOR CARRIER SAFETY REGULATIONS

 


Part 001          General Provisions

§ 150-50.2-001           Purpose

 

Part 100          Adoption of Federal Motor Carrier Safety Regulations; Amendments

§ 150-50.2-101           Adoption of Federal Motor Carrier Safety Regulations

§ 150-50.2-105           Amendments

§ 150-50.2-110           Description of Federal Regulations Adopted

 

Part 200          Enforcement

§ 150-50.2-201           Power of Sworn DPS Officers

§ 150-50.2-205           Carrier Fine Schedule

 

Appendix A    Department of Public Safety Uniform Out-of-service Criteria Reference to Uniform Fine Schedule


 

Subchapter Authority: 1 CMC § 2507; 9 CMC § 3114.

 

Subchapter History: Amdts Proposed 21 Com. Reg. 16432 (Jan. 18, 1999);* Adopted 19 Com. Reg. 15399 (June 15, 1997); Proposed 19 Com. Reg. 15094 (Feb. 15, 1997).

 

*A notice of adoption for the 1999 proposed amendments has not been published.

 

Commission Comment: PL 1-8, tit. 1, ch. 10, codified as amended at 1 CMC §§ 2501-2507, creates the Department of Public Safety (DPS) within the Commonwealth government, composed of a police force. See 1 CMC § 2501; see also PL 14-25 § 3 (effective Aug. 20, 2004) (amending 1 CMC § 2501). 1 CMC § 2504(f) authorizes the Department to inspect motor vehicles and enforce motor vehicle registration laws. 1 CMC § 2507 directs the Department to adopt rules and regulations regarding activities over which it has jurisdiction.

 

Title 9 of the Commonwealth Code sets forth the vehicle code for the CNMI. 9 CMC § 1201 creates a Bureau of Motor Vehicles (BMV) within the Department of Public Safety. The BMV is authorized to administer the vehicle code and to develop rules and regulations necessary to carry out the administration of the laws vested in the Bureau for adoption by the Director of DPS. 9 CMC § 1204.

 

PL 10-11 (effective June 6, 1996), the “Motor Carrier Safety Act of 1996,” codified at 9 CMC §§ 1102 and 3114, directs DPS to adopt rules and regulations that prescribe the permissible requirements for motor carriers, motor carrier drivers, equipment, the transportation of hazardous materials and sanctions for their violations which are consistent with comparable regulations of the United States Department of Transportation contained in title 49 of the United States Code of Federal Regulations. See 9 CMC § 3114.

 

Part 001 -       General Provisions

 

§ 150-50.2-001           Purpose

 

The regulations in this subchapter are being adopted pursuant to PL 10-11 [9 CMC §§ 1102 and 3114] and 1 CMC §§ 2501, et seq. They are designed to provide minimum safety requirements for motor carriers and to establish a mechanism of inspection to ensure compliance with the law and these regulations. These regulations have been established by the U.S. Department of Transportation.

 

Modified, 1 CMC § 3806(d), (f).

 

History: Adopted 19 Com. Reg. 15399 (June 15, 1997); Proposed 19 Com. Reg. 15094 (Feb. 15, 1997).

 

Part 100 -       Adoption of Federal Motor Carrier Safety Regulations; Amendments

 

§ 150-50.2-101           Adoption of Federal Motor Carrier Safety Regulations

 

(a)       The Department of Public Safety (DPS) hereby adopts by reference the following regulations contained in 49 Code of Federal Regulations (CFR) parts 107, 171-173 inclusive, 178 and 180 (as revised on October 1, 1995). DPS also adopts by reference parts 382, 383, 387, 390-393, 395-397 and part 40 inclusive and appendices D, E and G (as revised on February 1, 1996).

 

(b)       A copy of these federal regulations may be purchased through the Superintendent of Public Documents, U.S. Government Printing Office, Washington, D. C. 20402.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 19 Com. Reg. 15399 (June 15, 1997); Proposed 19 Com. Reg. 15094 (Feb. 15, 1997).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) and (b). The 1997 notice of adoption changed the proposed language of subsection (a).

 

§ 150-50.2-105           Amendments

 

The regulations referenced in § 150-50.2-101 are adopted in their entirety with the following amendments:

 

(a)       The term “state” is amended to read: Commonwealth of the Northern Mariana Islands (CNMI).

 

(b)       References to the Department of Transportation, the Federal Highway Administration and the Office of Motor Carrier Safety are amended to refer to the Department of Public Safety (DPS) and the Bureau of Motor Carriers (BMC).

 

(c)       References to the Federal Highway Administrator and to the Director are amended to refer to the Commissioner of DPS and to the officer in charge (OIC) of BMC.

 

(d)       References to special agents are amended to include sworn police officers of DPS.

 

(e)       Interstate also means inter island and intrastate also means intra island where applicable.

 

(f)        The definition of “motor carrier” in 49 CFR is amended to read: “Motor carrier” includes interstate, intrastate and inter island, intra island, common, contract and private carriers of property and passengers, including their agents, officers and representatives.

 

(g)       The definition of “commercial motor vehicle” in 49 CFR includes the term “motor carrier” as defined in 9 CMC § 1102 and is amended to read: “Commercial motor vehicle” means any self-propelled or towed vehicle used on public roads or highways in:

(1)       Interstate or inter island commerce to transport passengers or property if the vehicle:

(i)        Is designated to transport more than 8 passengers including the driver; or

(ii)       Is used in the transportation of hazardous materials of any quantity; or

(iii)      Has a gross vehicle weight rating or gross combination weight rating of 10,001 or more pounds.

(2)       Intrastate or intra island commerce to transport passengers or property in the vehicle as described in subsection (g)(1) above or:

(i)        Is owned or operated by a motor carrier subject to the jurisdiction of the CNMI; or

(ii)       If the vehicle is not one described in subsections (g)(1)(i) or (ii) above, the vehicle is subject only to those provisions of 49 CFR 390, 391.51, 392.2, 393.4, 392.5, 392.9, 396.3(b)(2), 2393 and 397.

 

(h)       The minimum levels of financial responsibility established in 387.7 schedule of limits is amended to read:

(1)       Type of Carriage: For-hire interstate or foreign commerce, with a gross weight rating of 10,001 or more pounds.

(i)        Commodity transported: property (nonhazardous)

(ii)       Amendment: The minimum level of financial responsibility required is amended from $750,000 to $375,000;

(2)       Type of Carriage: For-hire and private (in interstate, foreign, or intrastate commerce, with a gross vehicle rating of 10,001 or more pounds).

(i)        Commodity transported: Hazardous substances, as defined in 49 CFR 171.8 transported in cargo tanks, portable tanks, or hopper-type vehicles with capacities in excess of 3,500 water gallons; or in bulk division 1.1 etc.

(ii)       Amendment: The minimum level of financial responsibility required is amended from $5,000,000 to $2,500,000.

(3)       Type of carriage: For-hire and private (in interstate or foreign commerce; in any quantity; or in intrastate commerce, in bulk only with a gross vehicle weight rating of 10,000 or more pounds).

(i)        Commodity transported: Oil listed in 49 CFR; hazardous waste; hazardous materials and hazardous substances defined in 49 CFR 171.8 and listed in 49 CFR 172.101, but not mentioned in subsection (h)(2) above or (h)(4) below.

(ii)       Amendment: The minimum level of financial responsibility required is amended from $1,000,000 to $500,000.

(4)       Type of carriage: For-hire and private (in interstate or foreign commerce with a gross vehicle weight rating of less than 10,000 pounds).

(i)        Commodity transported: Any quantity of division 1.1, 1.2, or 1.3 material; any quantity of division 2.3, Hazard Zone A, or division 6.1, Packing Group 1, Hazard Zone A material; or highway route controlled quantities of a class 7 material as defined in 49 CFR 173.403.

(ii)       Amendment: The minimum level of financial responsibility required is amended from $5,000,000 to $2,500,000.

(i)        The minimum levels of financial responsibility established in 49 CFR 387.33 schedule of limits is amended as follows:

(1)       Vehicle seating capacity is amended from a seating capacity of 16 passengers or more. The minimum level of financial responsibility required is amended from $5,000,000 to $2,500,000.

(2)       Vehicle seating capacity is amended from a seating capacity of 15 passengers or less. The minimum level of financial responsibility required is amended from $1,500,000 to $750,000.

 

Modified, 1 CMC § 3806(c), (d), (f).

 

History: Amdts Proposed 21 Com. Reg. 16432 (Jan. 18, 1999); Adopted 19 Com. Reg. 15399 (June 15, 1997); Proposed 19 Com. Reg. 15094 (Feb. 15, 1997).

 

Commission Comment: The 1997 notice of adoption changed the proposed language of subsections (g), (g)(1)(i), (g)(1)(iii), (h)(1), and (h)(2).

 

The 1999 amendments proposed to amend subsections (b), (c), (e), (g)(1)(i), and (g)(1)(iii) and to add new subsections (g)(1)(iv), (j), and (k). A notice of adoption has not been published and, therefore, the Commission has not incorporated the proposed changes.

 

The references to the Bureau of Motor Carriers in this section are unclear. 9 CMC § 1201 creates a Bureau of Motor Vehicles (BMV) within the Department of Public Safety.

 

§ 150-50.2-110           Description of Federal Regulations Adopted

 

(a)       49 CFR 107. Hazardous Materials Program Procedures: Prescribes procedures and duties of the regulating agencies pertaining to the transportation of hazardous materials.

 

(b)       49 CFR 171. Hazardous Materials Regulations: Prescribes the requirements of the Department of Transportation in the transportation of hazardous materials including hazardous waste, hazardous substances, flammable cryogenic liquids in portable tanks and cargo tanks and marine pollutants.

 

(c)       49 CFR 172. Hazardous Materials Table, Special Provisions for Communications, Emergency Response and Training Requirements concerning Hazardous Materials: also contains label specifications.

 

(d)       49 CFR 173. General requirements for packaging and shipping hazardous materials.

 

(e)       49 CFR 177. Regulations concerning the shipment of hazardous materials: Includes provisions for inspections, loading and unloading of materials and regulations for hazardous materials on motor vehicles carrying passengers for hire.

 

(f)        49 CFR 178. Specifications for packaging hazardous materials.

 

(g)       49 CFR 180. Qualification and maintenance of bulk containers, cargo tanks and tank cars.

 

(h)       49 CFR 382. Controlled Substances and Alcohol Use and Testing: Prohibits operators of commercial vehicles from using controlled substances or operating a commercial vehicle with an alcohol concentration of 0.04 or greater. Provides for drug and alcohol testing of commercial drivers.

 

(i)        49 CFR 383. Commercial Driver’s License Standards Requirements and Penalties: Requires commercial drivers to pass certain requirements of knowledge and skills for a commercial operator’s license. Provides for disqualification of commercial driver’s licenses as a result of certain prohibited acts.

 

(j)        49 CFR 387. Minimum Levels of Financial Responsibility for Motor Carriers. Specified portions of this part are amended in the CNMI. See above.

 

(k)       49 CFR 390. Establishes general requirements and information for motor carriers including compliance with driver regulations, prohibition against driving while under the influence of alcohol.

 

(l)        49 CFR 391. Establishes minimum qualifications for commercial motor vehicle drivers.

 

(m)      49 CFR 392. Establishes certain rules for operation of commercial vehicles.

 

(n)       49 CFR 393. Requires safety equipment for commercial vehicles.

 

(o)       49 CFR 385. Establishes maximum hours of service for commercial operators.

 

(p)       49 CFR 396. Provides for inspection, repair and maintenance of commercial vehicles.

 

(q)       49 CFR 397. Establishes rules concerning the transportation, driving and parking of vehicles carrying hazardous materials.

 

(r)        49 CFR 40.* Establishes procedures drug and alcohol testing programs in the workplace. Requires employers of commercial operators follow certain procedures for the testing of alcohol or drugs.

 

*So in original.

 

(s)        49 CFR Appendix D. Table of disqualifying drugs and other substances, schedule I.

 

(t)        49 CFR Appendix E. Tables of disqualifying drugs and other substances, schedules II through V.

 

(u)       49 CFR Appendix G. Minimum periodic inspection standards.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Amdts Proposed 21 Com. Reg. 16432 (Jan. 18, 1999); Adopted 19 Com. Reg. 15399 (June 15, 1997); Proposed 19 Com. Reg. 15094 (Feb. 15, 1997).

 

Commission Comment: In subsection (s), the Commission inserted the final period to ensure consistent punctuation in this section. The 1999 amendments proposed to amend subsection (r). A notice of adoption has not been published and, therefore, the Commission has not incorporated the proposed changes.

 

Part 200 -       Enforcement

 

§ 150-50.2-201           Power of Sworn DPS Officers

 

Sworn officers of DPS have the power to enforce the regulations in this subchapter and may:

 

(a)       Enter the property of a shipper or carrier during regular business hours to inspect records, facilities, cargo and cargo areas and vehicles, and

 

(b)       Conduct random or scheduled inspections of any commercial vehicle operating on a public road or highway.

 

(c)       Conduct random or scheduled inspections on any other motor vehicle which is transporting, or suspected of transporting, hazardous materials of any quantity on public roads and highways.

 

Modified, 1 CMC § 3806(d), (f).

 

History: Adopted 19 Com. Reg. 15399 (June 15, 1997); Proposed 19 Com. Reg. 15094 (Feb. 15, 1997).

 

Commission Comment: The Commission created the section titles in part 200.

 

§ 150-50.2-205           Carrier Fine Schedule

 

Carrier fine schedule is attached in appendix A. This schedule will be maintained by DPS Bureau of Motor Carriers and may be revised without the necessity of passing specific regulations adopting a new schedule.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 19 Com. Reg. 15399 (June 15, 1997); Proposed 19 Com. Reg. 15094 (Feb. 15, 1997).

 

Commission Comment: The 1999 amendments proposed to add a new section to this part. A notice of adoption has not been published and, therefore, the Commission has not incorporated the proposed changes. See 21 Com. Reg. at 16443 (Jan. 18, 1999).

 

The reference to the Bureau of Motor Carriers in this section is unclear. 9 CMC § 1201 creates a Bureau of Motor Vehicles (BMV) within the Department of Public Safety.

 


 

Appendix A

Department of Public Safety Uniform Out-of-service Criteria Reference to Uniform Fine Schedule

 

 

Driver Out-of-Service Criteria

Driver Uniform Fine Schedule

Paragraph

Violation

Group

One Driver Violation

Two Within Same Group

Three Within Same Group

 

Driver Under 18

3

$30

$90

$150

 

No Operators License (non-CDL)

3

$30

$90

$150

 

CDL Violations

3

$30

$90

$150

 

Disqualified Driver

1

$500

$1,000

$1,500

 

Drug Possession

1

$500

$1,000

$1,500

 

Under the Influence (Drugs)

1

$500

$1,000

$1,500

 

Intoxicating Beverage (Detectable Presence/Under the Influence/Possession Open Container

1

$500

$1,000

$1,500

 

Intoxicating Beverage (Unopen container in cab)

3

$30

$90

$150

Violation of Out-of-Service Notice (Each Notice, Not Each Offense)

$1,000

Note: Maximum Accumulated Fine for each group is the highest fine indicated for each group. For example, three separate violations for any group 3 item would be $150 for those three violations.

Note: Group = The severity rating assigned to each violation with the #1 being the most severe.

 

Vacuum System Reserve

1

$100

$300

$600

 

Vacuum Hoses or Lines

2

$50

$150

$250

Coupling Devices, All (When In Use)

1

$100

$300

$600

Exhaust System (All)

3

$30

$90

$150

Frame System

 

Cracked, Broken, Displaced

1

$100

$300

$600

 

Tire and Wheel Clearance

1

$100

$300

$600

 

Adjustable Axle (Pins and Locks)

2

$50

$150

$250

Fuel System

 

Leaking, Missing Cap

3

$30

$90

$150

 

Fuel Tank Mounting

2

$50

$150

$250

Lighting Devices (When Lights Are Required)

 

Head and Tail Lamps

2

$50

$150

$250

 

Turn and Stop Lamps

2

$50

$150

$250

Safe Loading

1

$100

$300

$600

Steering Mechanism

1

$100

$300

$600

Suspension

2

$50

$100

$150

Tires

 

Steering Axle

1

$100

$300

$600

 

All Others

3

$30

$90

$150

Van/Open-Top Trailer Bodies

2

$50

$150

$250

Wheels and Rims

2

$50

$150

$250

Windshield Wipers

3

$30

$90

$150

Emergency Exits (Buses)

1

$100

$300

$600

Note: Maximum accumulated fine for each group is the highest fine indicated for each group.

Brake Systems

 

Defective Braking Action

1

$100

$300

$600

 

Missing Component

1

$100

$300

$600

 

Loose Component

2

$50

$150

$250

 

Audible Air Leak Brake Chamber

3

$30

$90

$150

 

Readjustment Limits

2

$50

$150

$250

 

Brake Linings or Pads

2

$50

$150

$250

 

Missing Brake

1

$100

$300

$600

 

Defective Braking Action (Steering)

1

$100

$300

$600

 

Brake Mismatch (Steering)

2

$50

$150

$250

 

Brake Lining or Pad (Steering)

2

$50

$150

$250

 

Parking Brakes (Inoperable Breakaway System)

2

$50

$150

$250

 

Parking Brake (Non-Manufactured Holes or Cracks in Spring Brake Housing)

2

$50

$150

$250

 

Cracked or Broken Brake Drum or Rotor

1

$100

$300

$600

 

Brake Hose

2

$50

$150

$250

 

Brake Tubing

2

$50

$150

$250

 

Low Pressure Warning Device

2

$50

$150

$250

 

Air Loss Rate

1

$100

$300

$600

 

Tractor-Protection Valve

1

$100

$300

$600

 

Air Reservoir Security

2

$50

$150

$250

 

Air Compressor Mounting Bolts

2

$50

$150

$250

 

Air Compressor Loose or Broken Pulley

1

$100

$300

$600

 

Air Compressor Broken Mounting

1

$100

$300

$600

 

Electric Brakes (including Breakaway Device)

1

$100

$300

$600

 

Hydraulic Brakes (No Pedal Reserve)

1

$100

$300

$600

 

Master Cylinder (Less than ¼ Full)

3

$30

$90

$150

 

Power Assist Unit (Fails to Operate)

2

$50

$150

$250

 

Hydraulic Brake Hose Leaks (On Application)

2

$50

$150

$250

 

Breakaway Braking Device

1

$100

$300

$600

 

Hydraulic Lines or Hoses (Defective)

2

$50

$150

$250

 

Leaks (Visible on Application)

2

$50

$150

$250

 

Hydraulic System Failure Warning System

2

$50

$150

$250

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 19 Com. Reg. 15399 (June 15, 1997); Proposed 19 Com. Reg. 15094 (Feb. 15, 1997).


 

 

SUBCHAPTER 150-50.3

REGULATIONS DEFINING HEAVY EQUIPMENT OR CONSTRUCTION VEHICLES WITH RIGHTHAND DRIVE

 

Part 001          General Provisions [Reserved]

 

Part 100          Heavy Equipment or Construction Vehicles Definition

§ 150-50.3-101           Heavy Equipment or Construction Vehicles

 

Subchapter Authority: 1 CMC § 2507; 9 CMC § 1204; 9 CMC § 2101(c).

 

Subchapter History: Adopted 14 Com. Reg. 9186 (Apr. 15, 1992); Proposed 14 Com. Reg. 8748 (Feb. 15, 1992); Emergency 14 Com. Reg. 8738 (Feb. 15, 1992) (effective for 120 days from Jan. 24, 1992).

 

Commission Comment: PL 1-8, tit. 1, ch. 10, codified as amended at 1 CMC §§ 2501-2507, creates the Department of Public Safety (DPS) within the Commonwealth government, composed of a police force. See 1 CMC § 2501; see also PL 14-25 § 3 (effective Aug. 20, 2004) (amending 1 CMC § 2501). 1 CMC § 2504(f) authorizes the Department to inspect motor vehicles and enforce motor vehicle registration laws. 1 CMC § 2507 directs the Department to adopt rules and regulations regarding activities over which it has jurisdiction.

 

Title 9 of the Commonwealth Code sets forth the vehicle code for the CNMI. 9 CMC § 1201 creates a Bureau of Motor Vehicles (BMV) within the Department of Public Safety. The BMV is authorized to administer the vehicle code and to develop rules and regulations necessary to carry out the administration of the laws vested in the Bureau for adoption by the Director of DPS. 9 CMC § 1204.

 

9 CMC § 2101(c) provides registration requirements for righthand drive motor vehicles, including heavy equipment or construction vehicles and authorizes the Director of DPS to define heavy equipment or construction vehicles by regulation.

 

Part 001 -       General Provisions

 

[Reserved.]

 

Part 100 -       Heavy Equipment or Construction Vehicles Definition

 

§ 150-50.3-101           Heavy Equipment or Construction Vehicles

 

(a)       “Heavy equipment or construction vehicles” are any vehicles used primarily off the highways for construction purposes and which move only occasionally on public highways or roads. They include, but are not limited to, bucket loaders, earth moving scrapers and carryalls, ditchers, backhoes, dump trucks, tractor dump trailers, tractor mowers, graders, scarifiers, power shovels and drag lines, spreaders, road rollers, road sweepers, transit mixers, cranes and crane trucks, welders, pumps, and speed swings. They do not include equipment or vehicles originally designed for the transportation of persons or property.

 

(b)       All other types of equipment or vehicles with right hand drive shall, upon request, be physically inspected by the Bureau of Motor Vehicles Chief or other authorized by the Department of Public Safety personnel who shall determine whether each such piece of equipment or vehicle qualifies as “heavy equipment or construction vehicle(s)” and shall report and maintain records of the reasons therefor.

 

Modified, 1 CMC § 3806(g).

 

History: Adopted 14 Com. Reg. 9186 (Apr. 15, 1992); Proposed 14 Com. Reg. 8748 (Feb. 15, 1992); Emergency 14 Com. Reg. 8738 (Feb. 15, 1992) (effective for 120 days from Jan. 24, 1992).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) and (b). The Commission changed the word “or” after “transportation” to “of” to correct a manifest error.


 

SUBCHAPTER 150-50.4

SAFETY HELMET RULES AND REGULATIONS

 


Part 001          General Provisions

§ 150-50.4-001           Scope

§ 150-50.4-005           Purpose

§ 150-50.4-010           Application

 

Part 100          Rules and Regulations

§ 150-50.4-101           Rules and Regulations


 

Subchapter Authority: 1 CMC § 2507; 9 CMC § 1204; 9 CMC § 5703.

 

Subchapter History: Adopted 23 Com. Reg. 17834 (Apr. 23, 2001); Proposed 23 Com. Reg. 17628 (Feb. 23, 2001).

 

Commission Comment: PL 1-8, tit. 1, ch. 10, codified as amended at 1 CMC §§ 2501-2507, creates the Department of Public Safety (DPS) within the Commonwealth government, composed of a police force. See 1 CMC § 2501; see also PL 14-25 § 3 (effective Aug. 20, 2004) (amending 1 CMC § 2501). 1 CMC § 2504(f) authorizes the Department to inspect motor vehicles and enforce motor vehicle registration laws. 1 CMC § 2507 directs the Department to adopt rules and regulations regarding activities over which it has jurisdiction.

 

Title 9 of the Commonwealth Code sets forth the vehicle code for the CNMI. 9 CMC § 1201 creates a Bureau of Motor Vehicles (BMV) within the Department of Public Safety. The BMV is authorized to administer the vehicle code and to develop rules and regulations necessary to carry out the administration of the laws vested in the Bureau for adoption by the Director of DPS. 9 CMC § 1204. 9 CMC § 5703 mandates that operators and passengers of motorcycles wear safety helmets approved by Director. Additionally, PL 12-84 (effective Jan. 18, 2002), codified at 9 CMC § 5758, requires operators and passengers under the age of 18 to wear safety helmets approved by the Commissioner of Public Safety while operating bicycles, human power vehicles, all terrain vehicles and mopeds.

 

Public Law 15-29, the Motor Scooter Act of 2006 effective September 26, 2006, amended the definitions of moped and motorcycle and added a definition for motor scooter in 9 CMC § 1102. PL 15-29, among other things, addresses the application of traffic laws and safety requirements for the operation of motorcycles, mopeds and motor scooters, including the use of helmets. PL 15-29 specifically includes a motor scooter as a motor vehicle and sets forth penalties for violations of operation requirements. PL 15-29 mandates that safety helmets must be worn by operators and passengers of motorcycles, mopeds and motor scooters “while being operated on any highway within the Commonwealth” regardless of the horsepower or speed of the vehicle. 9 CMC § 5703. The provisions of PL 15-29 supersede the sections of this subchapter to the extent that they conflict.

 

Part 001 -       General Provisions

 

§ 150-50.4-001           Scope

 

The standard in this subchapter establishes minimum performance requirements for helmets designed for use by operators and passengers of motorcycles, motor scooters, and mopeds that produce over 2.5 horsepower and travel a speed in excess of 30 miles per hour on level ground.

 

Modified, 1 CMC § 3806(d), (g).

 

History: Adopted 23 Com. Reg. 17834 (Apr. 23, 2001); Proposed 23 Com. Reg. 17628 (Feb. 23, 2001).

 

Commission Comment: The Commission changed “produces” to “produce” and “travels” to “travel” to correct manifest errors. The Commission inserted a comma after the word “scooters” pursuant to 1 CMC § 3806(g).

 

§ 150-50.4-005           Purpose

 

The purpose of the rules and regulations in this subchapter is to establish safety helmet standard for the Commonwealth of the Northern Mariana Islands, Department of Public Safety, in coordination with the Office of the Attorney General to enforce “The Safety Equipment” law in accordance with 9 CMC § 5703 which requires operators and passengers of motorcycles, motor scooters, and mopeds that produce over 2.5 horsepower and travel a speed in excess of 30 miles per hour on level ground, to wear fastened on their heads safety helmets to reduce deaths and injuries to motorcyclists and other motor vehicle users resulting from head impacts; and for other purposes.

 

Modified, 1 CMC § 3806(d), (g).

 

History: Adopted 23 Com. Reg. 17834 (Apr. 23, 2001); Proposed 23 Com. Reg. 17628 (Feb. 23, 2001).

 

Commission Comment: The Commission changed “produces” to “produce” and “travels” to “travel” to correct manifest errors. The Commission inserted a comma after the word “scooters” pursuant to 1 CMC § 3806(g).

 

§ 150-50.4-010           Application

 

The standard in this subchapter applies to all helmets designed for use by operators and passengers of motorcycles, motor scooters, and mopeds that produce over 2.5 horsepower and travel a speed in excess of 30 miles per hour on level ground.

 

Modified, 1 CMC § 3806(d), (g).

 

History: Adopted 23 Com. Reg. 17834 (Apr. 23, 2001); Proposed 23 Com. Reg. 17628 (Feb. 23, 2001).

 

Commission Comment: The Commission changed “produces” to “produce” and “travels” to “travel” to correct manifest errors. The Commission inserted a comma after the word “scooters” pursuant to 1 CMC § 3806(g).

 

Part 100 -       Rules and Regulations

 

§ 150-50.4-101           Rules and Regulations

 

To implement the rules and regulations in this subchapter, the Department of Public Safety Patrol and Traffic Section and the Bureau of Motor Vehicles must ensure that safety helmets worn by operators and passengers of motorcycles, motor scooters and mopeds must be:

(a)       Labeled. Each helmet shall be labeled permanently and legibly, in a manner such that the label(s) can be read easily without removing padding or any other permanent part, with the following:

(1)       Manufacturer’s name or identification.

(2)       Precise model designation.

(3)       Size.

(4)       Month and year of manufacture. This may be spelled out (for example; November, 1989), or expressed in numerals (for example, 11/89).

(5)       The symbol DOT (Department of Transportation), constituting the manufacturer’s certification that the helmet conforms to the applicable federal motor safety standards. This symbol shall appear on the outer surface, in a color that contrasts with the background, in letters at least 3/8 inch (1cm) high, centered laterally with the horizontal centerline of the symbol located a minimum of 1 1/8 inches (2.9 cm) and a maximum of 1 3/8 inches (3.5 cm) from the bottom edge of the posterior portion of the helmet.

(6)       Instructions to the purchaser as follows:

(i)        Shell and liner constructed of (identify type(s) of materials).

(ii)       Helmet can be seriously damaged by some common substances without damage being visible to the user. Apply only the following: (Recommended cleaning agents, paints, adhesives, etc., as appropriate).

(iii)      Make no modifications. Fasten helmet securely. If helmet experiences a severe blow, return it to the manufacturer for inspection, or destroy it and replace it.

(iv)      Any additional relevant safety information should be applied at the time of purchase by means of an attached tag, brochure, or other suitable means.

 

(b)       Make sure that all helmets must not have any rigid projections inside the shell. Rigid projections outside any helmet’s shell shall be limited to those required for operation of essential accessories, and shall not protrude more than 0.20 inch (5 mm).

 

(c)       Must ensure all helmets have a retention system. Retention system means the complete assembly by which the helmet is retained in position on the head during use.

 

(d)       Provide for public information and education to heighten awareness of the helmet requirement on all operators and passengers of motorcycles, motor scooters, and mopeds pursuant to 9 CMC § 5703.

 

Modified, 1 CMC § 3806(d), (f), (g).

 

History: Adopted 23 Com. Reg. 17834 (Apr. 23, 2001); Proposed 23 Com. Reg. 17628 (Feb. 23, 2001).

 

Commission Comment: In subsection (a)(1), the Commission corrected the spelling of “manufacturer’s.” The Commission inserted a comma after the word “scooters” in the initial paragraph and in subsection (d) pursuant to 1 CMC § 3806(g).

 


 

SUBCHAPTER 150-50.5

SAFETY INSPECTION STATIONS RULES AND REGULATIONS

 


Part 001          General Provisions

§ 150-50.5-001           Definitions

§ 150-50.5-005           Scope

§ 150-50.5-010           Special Requirements

§ 150-50.5-015           Administration and Enforcement

 

Part 100          Inspection Stations and Inspections

§ 150-50.5-101           Inspection Stations; Permits; Department Responsibilities

§ 150-50.5-105           Application for Inspection Station Permits

§ 150-50.5-110           Inspection Station Permits

§ 150-50.5-115           Issuance of Inspection Station Permits

§ 150-50.5-120           Inspector Certification; Department Responsibilities

§ 150-50.5-125           Application for Inspector Certification

§ 150-50.5-130           Issuance of Inspector Certificates

§ 150-50.5-135           Inspector Certificate Forms

§ 150-50.5-140           Inspection Stations; Operating Procedures

§ 150-50.5-145           Safety Inspection Records

§ 150-50.5-150           Inspection Stations; Supervision by the Department

§ 150-50.5-155           Enforcement by the Department

§ 150-50.5-160           Operating Procedures for Inspectors

 

Part 200          General Procedures for Inspection

§ 150-50.5-201           Applicant for Inspection Certification

§ 150-50.5-205           Inspection Fees

§ 150-50.5-210           Failure to Qualify for Certification and Correction of Defects

§ 150-50.5-215           Replacement of Lost or Stolen Stickers

§ 150-50.5-220           Items of Equipment to Be Inspected

§ 150-50.5-225           Scope of Inspection

 

Exhibit A        Periodic Motor Vehicle Inspection Manual


 

Subchapter Authority: 1 CMC § 2507; 9 CMC § 1204; 9 CMC § 3108.

 

Subchapter History: Amdts Adopted 23 Com. Reg. 18181 (July 20, 2001); Amdts Proposed 11 Com. Reg. 6281 (July 15, 1989); Adopted 9 Com. Reg. 5291 (Dec. 15, 1987); Proposed 9 Com. Reg. 5010 (Sept. 15, 1987).

 

Commission Comment: PL 1-8, tit. 1, ch. 10, codified as amended at 1 CMC §§ 2501-2507, creates the Department of Public Safety (DPS) within the Commonwealth government, composed of a police force. See 1 CMC § 2501; see also PL 14-25 § 3 (effective Aug. 20, 2004) (amending 1 CMC § 2501). 1 CMC § 2504(f) authorizes the Department to inspect motor vehicles and enforce motor vehicle registration laws. 1 CMC § 2507 directs the Department to adopt rules and regulations regarding activities over which it has jurisdiction.

 

Title 9 of the Commonwealth Code sets forth the vehicle code for the CNMI. 9 CMC § 1201 creates a Bureau of Motor Vehicles (BMV) within the Department of Public Safety. The BMV is authorized to administer the vehicle code and to develop rules and regulations necessary to carry out the administration of the laws vested in the Bureau for adoption by the Director of DPS. 9 CMC § 1204.

 

Division 3 of title 9, 9 CMC §§ 3101-3114, governs the inspection of vehicles. 9 CMC § 3107 authorizes the Chief of the Bureau of Motor Vehicles to license safety inspection stations to conduct vehicle safety inspections. 9 CMC § 3108 directs the Chief to adopt regulations necessary to establish, regulate, and administer duly licensed safety inspection stations.

 

Part 001 -       General Provisions

 

§ 150-50.5-001           Definitions

 

For purposes of the regulations in this subchapter, unless the context clearly indicates otherwise, the following definitions apply:

 

(a)       “Ambulance” means a motor vehicle designed and equipped to provide normal and emergency transportation for persons requiring medical care.

 

(b)       “Bus” means every motor vehicle designed for carrying more than ten passengers and used for the transportation of persons.

 

(c)       “Certified vehicle inspector” means a person who possesses a current valid, vehicle inspector certificate issued by the Department.

 

(d)       “Chief” means the Chief of Bureau of Motor Vehicles.

 

(e)       “Department” means the Department of Public Safety-Motor Vehicle Bureau.

 

(f)        “Gross vehicle weight rating (GVWR)” means the weight of the vehicle plus the weight of the maximum load it is designed to carry.

 

(g)       “Highway” means a way or place of whatever nature open to the use of the public for purposes of vehicular traffic, including ways or places that are privately owned or maintained.

 

(h)       “Moped” means a motor-driven vehicle both with or without pedals to permit propulsion by human power and with a motor which produces not more than 2.5 horse power and which is not capable of propelling the vehicle at a speed in excess of 30 mph on level ground.

 

(i)        “Motor vehicle” means every vehicle which is self propelled and every vehicle which is propelled by electric power but which does not operate upon rails.

 

(j)        “Official vehicle safety inspection” means the safety inspection of vehicle equipment and components as required by this subchapter.

 

(k)       “Official inspection station” means a person, partnership, or corporation that is authorized and issued a permit by the Department having jurisdiction at the station location to conduct official vehicle safety inspections.

 

(l)        “Passenger vehicle” means every motor vehicle, except motorcycle and motor scooter, designed for carrying ten passengers or less and used for the transportation of persons.

 

(m)      “Semitrailer” means every vehicle designed for carrying persons or property used in conjunction with a motor vehicle and so constructed that some parts of its weight and that of its load rest upon, or is carried by another vehicle.

 

(n)       “Trailer” means a vehicle designed for carrying persons or property on its own structure and for being drawn by motor vehicle and so constructed that no part of its weight rests upon any other vehicle.

 

(o)       “Truck” means every motor vehicle designed, used, or maintained primarily for the transportation of property.

 

(p)       “Truck-tractor” means a truck designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.

 

Modified, 1 CMC § 3806(d), (e), (f), (g).

 

History: Adopted 9 Com. Reg. 5291 (Dec. 15, 1987); Proposed 9 Com. Reg. 5010 (Sept. 15, 1987).

 

Commission Comment: In subsections (n) and (p), the Commission corrected the spelling of “constructed.”

 

§ 150-50.5-005           Scope

 

(a)       The rules governing the periodic safety inspection of vehicles under this subchapter shall apply to all motor vehicles.

 

(b)       The rules also apply to:

(1)       The registered owner of any vehicle operated on a highway in the Commonwealth of the Northern Mariana Islands.

(2)       Every person who operates or parks any vehicle on a highway in the Commonwealth of the Northern Mariana Islands.

(3)       Every official inspection.

(4)       Every person who conducts official vehicle safety inspections or is the proprietor of an official vehicle safety inspection station.

 

(c)       The rules do not apply to:

(1)       Any vehicle owned and operated by an agency of the federal government, provided that such vehicle, when operated on the public highway carries a certificate within the vehicle showing that the vehicle has been inspected and certified as safe under an equivalent periodic inspection program operated by the federal government.

(2)       Military vehicles which are specially configured and have no equivalent counterpart available to the general public when owned and operated by an agency of the federal government.

 

Modified, 1 CMC § 3806(d), (g).

 

History: Adopted 9 Com. Reg. 5291 (Dec. 15, 1987); Proposed 9 Com. Reg. 5010 (Sept. 15, 1987).

 

Commission Comment: In subsection (b)(3), the Commission corrected the spelling of “official.” In subsection (b)(4), the Commission deleted the repeated word “an.”

 

§ 150-50.5-010           Special Requirements

 

All motor vehicles shall be inspected and certified once every twelve months and the date of inspection shall correspond with the date for registration of a vehicle.

 

(a)       When a police officer finds a vehicle to be in an unsafe condition or if any required part or equipment is not present, or is present but not in proper repair, an owner shall, subsequent to the issuance of a citation by the police officer, obtain a new certificate of inspection within five days or have the defect corrected.

 

(b)       When a police officer has determined that the equipment of a vehicle involved in an accident has been damaged to an extent renders the vehicle unsafe, the vehicle shall be inspected and certified before it is operated again.

 

Modified, 1 CMC § 3806(e).

 

History: Adopted 9 Com. Reg. 5291 (Dec. 15, 1987); Proposed 9 Com. Reg. 5010 (Sept. 15, 1987).

 

§ 150-50.5-015           Administration and Enforcement

 

(a)       The Department of Public Safety-Motor Vehicle Bureau shall have the power to administer and enforce the rules and regulations in this subchapter.

 

(b)       The Department shall be responsible for:

(1)       The issuance of permits and the furnishing of instructions and all forms to official inspection stations within the Commonwealth of the Northern Mariana Islands.

(2)       The supervision and inspection of official inspection station(s).

(3)       The supervision or revocation and surrender of permits issued to a station whenever the Department determines through inspection or investigation that the station is not properly conducting vehicle inspections in accordance with the rules and regulations in this subchapter.

 

Modified, 1 CMC § 3806(d), (g).

 

History: Adopted 9 Com. Reg. 5291 (Dec. 15, 1987); Proposed 9 Com. Reg. 5010 (Sept. 15, 1987).

 

Commission Comment: In subsection (b)(1), the Commission corrected the spelling of “the.”

 

Part 100 -       Inspection Stations and Inspections

 

§ 150-50.5-101           Inspection Stations; Permits; Department Responsibilities

 

The Department shall be responsible for:

 

(a)       The issuance of permits officially designating each vehicle inspection station that meets the minimum standards required by this part to conduct official vehicle inspections in accordance with these rules and regulations.

 

(b)       Inspecting the station facilities and equipment of each applicant for an official vehicle inspection station permit to insure that the minimum standards and requirements of the rules and regulations in this subchapter are met.

 

(c)       Ascertaining that each applicant for an official vehicle inspection station permit meets the minimum requirements of these rules and regulations for having a certified vehicle inspector in its employ.

 

(d)       Recording the results of all inspections of station facilities and equipment of each applicant for an official vehicle inspection station permit.

 

(e)       Maintaining a file of all records for each applicant for an official vehicle inspection station permit for a period of one year from the date of application.

 

(f)        Providing official application forms, approved by the Director, for an official vehicle inspection station permit.

 

(g)       Developing and issuing each additional forms and instructions as may be necessary to administer the issuance of official vehicle inspection station permits.

 

Modified, 1 CMC § 3806(d).

 

History: Adopted 9 Com. Reg. 5291 (Dec. 15, 1987); Proposed 9 Com. Reg. 5010 (Sept. 15, 1987).

 

§ 150-50.5-105           Application for Inspection Station Permits

 

Each applicant for certification as an official vehicle inspection station shall comply with the following procedures.

 

(a)       Application for the permit shall be made on an official form approved by the Director and signed by the applicant under the penalty of perjury.

 

(b)       The applicant for the permit must provide the following information on the approved form:

(1)       The registered business name of the station.

(2)       The exact address and location of the applicant’s place of business where the vehicle inspections will actually be conducted.

(3)       The name of owner, manager, or supervisor who will be responsible and accountable for the vehicle inspections and the performance of the vehicle inspectors.

(4)       The application form shall contain a statement that the applicant agrees to equip and maintain, at the applicant’s own expenses, all vehicle safety inspection facilities in accordance with the minimum standards set by this subchapter.

(5)       Type of business; e.g. service station, auto repair or vehicle safety inspection.

 

(c)       Each application for certification as an official vehicle safety inspection station shall be signed by proper authority representing the applicant as follows:

(1)       Single proprietorship - signed by the owner and notarized.

(2)       Partnerships - signed by all partners and notarized.

(3)       Corporation - signed by a person authorized to sign the application on behalf of the corporation. Written evidence of this authority shall be attached with the corporate seal affixed to the application form.

 

(d)       Requirements: Each applicant for a vehicle inspection station permit shall provide the following:

(1)       Record of conviction obtained from the Commonwealth Trial Court and from any jurisdiction in which applicant has lived within 5 years prior to date of application.

(2)       Proof of prior training and experience in the area.

(3)       A non-refundable application fee of $100.00 payable to the Commonwealth Treasury.

 

(e)       Each applicant must meet the requirements specified in § 150-50.5-115 of this subchapter.

 

(f)        No person or entity may be issued an official vehicle inspection station permit if:

(1)       Applicant has been convicted of any crime exclusive of minor traffic infractions.

(2)       Fails to meet the requirements as provided for in the rules and regulations in this subchapter.

(3)       Fails to provide complete and truthful information in the application.

 

Modified, 1 CMC § 3806(c), (d), (f), (g).

 

History: Adopted 9 Com. Reg. 5291 (Dec. 15, 1987); Proposed 9 Com. Reg. 5010 (Sept. 15, 1987).

 

Commission Comment: In subsection (b)(5), the Commission corrected the spelling of “inspection.”

 

The “Commonwealth Judicial Reorganization Act,” PL 6-25 (effective May 2, 1989), renamed the Commonwealth Trial Court and directed that references to the Commonwealth Trial Court in the Commonwealth Code be interpreted to refer to the new Commonwealth Superior Court. See 1 CMC § 3201 and the commission comment thereto.

 

§ 150-50.5-110           Inspection Station Permits

 

The official vehicle inspection station permit shall be on a form approved by the Director.

 

(a)       The following information shall appear on the face of the permit.

(1)       The registered name of the person, partnership, or corporation owning and operating the official vehicle inspection station.

(2)       The “doing business as” (DBA) name of the official vehicle inspection station.

(3)       The address and location of the official vehicle inspection station.

(4)       A permit control number.

(5)       The date the permit issued.

(6)       The signature of the Department agent authorized to issue official vehicle inspection station permits, with his title and the name of the agent typed under the signature.

 

(b)       The permit shall be posted in a conspicuous place at the location where the inspections are conducted, and shall be visible to all vehicle owners who present their vehicles for inspection.

 

(c)       The permit shall not be assigned, transferred, or used for any location other than the location listed on the face of the permit as the place where the inspection will be conducted.

 

(d)       The permit shall be valid for a period of 1 year from the date of issuance. A renewal application must be filed with the Department no sooner than 45 days nor later than 30 days prior to expiration of the permit.

 

(e)       Upon issuance of permit by the Director, applicant shall obtain a business license for operation of a safety inspection station from the Department of Commerce and Labor.

 

Modified, 1 CMC § 3806(g).

 

History: Adopted 9 Com. Reg. 5291 (Dec. 15, 1987); Proposed 9 Com. Reg. 5010 (Sept. 15, 1987).

 

Commission Comment: In subsection (b), the Commission corrected the spelling of “conspicuous.” The Commission inserted a comma after the word “transfer” in subsection (c) pursuant to 1 CMC § 3806(g).

 

With respect to the reference to the “Department of Commerce and Labor” in subsection (e), see Executive Order 94-3 (effective August 23, 1994) reorganizing the Commonwealth government executive branch, changing agency names and official titles, and effecting numerous other revisions; see also Executive Order 03-01 (effective May 9, 2003), the “Department of Labor and Immigration Reorganization Plan of 2003,” returning the immigration functions of the executive branch to the Office of the Attorney General and renaming the Department of Labor.

 

§ 150-50.5-115           Issuance of Inspection Station Permits

 

The Department may issue official vehicle inspection station permits only to those applicant stations which have been certified by the Department as meeting the following standards:

 

(a)       Hours of Operation. Each official vehicle inspection station shall have a certified vehicle inspector scheduled to be available to conduct vehicle inspections for a total of eight hours during the span of time from 8:00 a.m. to 7:00 p.m. daily, except Sundays and holidays.

 

(b)       Personnel Requirements. There shall be on the premises during the hours of operation the following personnel:

(1)       One supervisor, manager, or owner of the business and

(2)       A certified vehicle inspector.

 

(c)       Inspection Station Facilities. Each official vehicle inspection station shall conform to the following requirements:

(1)       The inspection area must comply with the minimum dimension as follows:

(i)        Motorcycle and motor scooters - 8 feet by 10 feet.

(ii)       Passenger cars, trucks trailers, buses under 10,000 pounds GVWB, and truck trailer - 12 feet by 25 feet.

(iii)      Trucks, buses, and trailers 10,000 pounds GVWR or more 12 feet by 70 feet.

(2)       The inspection area shall also:

(i)        Have an overhead protection from weather elements.

(ii)       Be designated and marked as such.

(iii)      Be clean and orderly.

(iv)      Have a hard surface, such as concrete, and be in sound condition. Wood or dirt floor shall not be acceptable.

(v)       Have a surface limited to a 2.5 per cent slope 3 inches in 10 feet.

(vi)      Have no hazardous condition that may cause injury to persons or damage to vehicle.

(3)       The total interior floor area and the exterior ground space including parking areas which are used by the public shall be free of dirt, gravel, grease, oil, debris, or other noxious, hazardous, or repulsive foreign substances.

(4)       Every official vehicle inspection station shall have a vehicle headlamp test area. This area shall be flat and level within the calibration limits of the headlamp aim testing equipment.

(5)       All official vehicle inspection stations serving the public shall have the minimum of two parking spaces, and each parking space shall have the minimum dimensions of 7 feet.

 

(d)       Inspection Tools, Equipment, and Replacement Parts. Every official vehicle inspection station shall have the following tools, equipment replacement parts available and in good operating condition at the station location:

(1)       One headlamp testing device, such as a mechanical aimer, optical or photoelectric aiming device, or aiming screen.

(2)       One driver over “slideslip” or alignment gauge.

(3)       One vehicle hoist drive over pit that facilitates a complete view of the underside of the vehicle to be inspected.

(4)       One floor jack with a 5,000 pounds lift capacity.

(5)       One flashlight or work light capable of illuminating under vehicle or under hood inspections.

(6)       A tire pressure gauge marked in pounds per square inch or metric equivalent.

(7)       A tire tread depth gauge scored in 1/32 inch increments or 15 centimeters scored in increments of 1 millimeter.

(8)       Service brake performance equipment.

(9)       A standard assortment of tools common to a service station or repair shop for replacing and adjusting all vehicle lighting devices, for removing and replacing exhaust pipes and muffler, and for adjusting all types of brakes on the types of vehicles which the station is authorized to inspect.

(10)     Replacement parts available for quick minor repairs shall include: windshield wiper arms and blades (assorted); insulated wire (assorted types and sizes); light bulbs (assorted sizes and styles).

(11)     Additional tools and equipment for the inspection of vehicles over 10,000 pounds GVRW shall include approved caliper or “matching stick” for duel tires, a gauge block (1/2 inch) for dual tires; and an ammeter (0 to 25 amperes for two brake systems, 0 to 40 amperes for six brake systems) for electric brakes may also appear on trailer less than 10,000 pounds GVWR.

 

(e)       Rules and Inspection Manual. Each public official vehicle inspection station shall obtain and maintain a copy of this subchapter and a copy of the Periodic Vehicle Inspection Manual which is attached hereto in good legible condition for use exclusively at the station.

 

(f)        Insurance Requirement. Each public official vehicle inspection station shall provide proof that there is in effect a liability insurance policy issued to the station owner or operator by an insurance company authorized to do business in the CNMI that the current liability insurance insures the owner or operator and any of his employees in the minimum amounts of $10,000 for comprehensive public liability for one person, $20,000 for one accident, and $5,000 for comprehensive property damage.

 

Modified, 1 CMC § 3806(d), (e), (f), (g).

 

History: Adopted 9 Com. Reg. 5291 (Dec. 15, 1987); Proposed 9 Com. Reg. 5010 (Sept. 15, 1987).

 

Commission Comment: In subsections (d)(1), (d)(7), (d)(9) and (d)(11), the Commission corrected the spelling of “aiming,” “millimeter,” “exhaust,” “gauge” and “amperes,” respectively. The Commission inserted commas after the words “manager” in subsection (b)(1) and “equipment” in subsection (d) pursuant to 1 CMC § 3806(g).

 

§ 150-50.5-120           Inspector Certification; Department Responsibilities

 

The Department shall be responsible for:

 

(a)       The issuance of certificates authorizing those persons meeting the requirements established by this part to conduct vehicle inspections.

 

(b)       The administration of written and performance examination for all applicants.

 

(c)       Recording the results of all examinations.

 

(d)       Maintaining a record of examination results for a period of one year from the date applicant took the examination.

 

(e)       Maintaining a file for all formerly certified vehicle inspectors for a period of one year after decertification.

 

(f)        The development and issuance of such additional instructions and forms as may be necessary for administering the vehicle inspector application certification process. All such supplemental instructions and forms shall first be approved by the Director.

 

Modified, 1 CMC § 3806(d), (g).

 

History: Adopted 9 Com. Reg. 5291 (Dec. 15, 1987); Proposed 9 Com. Reg. 5010 (Sept. 15, 1987).

 

Commission Comment: In subsection (b), the Commission corrected the spelling of “administration.”

 

§ 150-50.5-125           Application for Inspector Certification

 

Application for vehicle inspector certification shall be made of a form furnished by the Department and approved by the Director. The application shall be accompanied by proof of payment of an application fee of $100.00 payable to Commonwealth Treasury. The applicant shall provide and certify to the truth of the following information on approved form:

 

(a)       Type of application - original or renewal.

 

(b)       Applicant’s last name, first name, and middle initials.

 

(c)       Applicant’s home address.

 

(d)       Applicant’s telephone number.

 

(e)       Applicant’s date of birth and place of birth.

 

(f)        Applicant’s type of CNMI’s driver license and driver’s license number.

 

(g)       Applicant’s driving experience in years and by the type of vehicle.

 

(h)       Applicant’s technical license or certificates.

 

(i)        Applicant’s vocational and technical training schools, accomplished by a copy of certificates of successful completion.

 

(j)        Applicant’s experience in vehicle safety inspection and/or automotive mechanics experience.

 

(k)       Applicant’s formal education.

 

(l)        The date the application is filled.

 

(m)      Applicant’s signature and declaration under penalty of perjury that all furnished information is true, and that upon certification as a vehicle inspector, the applicant will conduct vehicle safety inspections in accordance with the rules and regulations in this subchapter.

 

(n)       Record of conviction obtained from Commonwealth Trial Court and from any jurisdiction in which applicant has lived within 5 years prior to date of application.

 

Modified, 1 CMC § 3806(d).

 

History: Adopted 9 Com. Reg. 5291 (Dec. 15, 1987); Proposed 9 Com. Reg. 5010 (Sept. 15, 1987).

 

Commission Comment: The “Commonwealth Judicial Reorganization Act,” PL 6-25 (effective May 2, 1989), renamed the Commonwealth Trial Court and directed that references to the Commonwealth Trial Court in the Commonwealth Code be interpreted to refer to the new Commonwealth Superior Court. See 1 CMC § 3201 and the commission comment thereto.

 

§ 150-50.5-130           Issuance of Inspector Certificates

 

The Department shall issue official vehicle safety inspector certificates only to those applicants who meet the following required minimum standards:

 

(a)       Each applicant shall be able to read and legibly hand print the English language.

 

(b)       Each applicant shall be at least eighteen years of age at the time of the application.

 

(c)       Each applicant shall be a high school graduate or possess an equivalent education level certification.

 

(d)       Applicant shall have a valid CNMI driver’s license.

 

(e)       Each applicant shall have at least: one year of training in automotive mechanics, or a related technical field at a school conducting regularly scheduled classes and year of experience as an automotive mechanic.

 

(f)        Applicant must successfully complete an exam administered by the Department except that an applicant for renewal is not required to take an examination.

 

(g)       No applicant shall be issued an inspector certificate if he or she fails to meet the requirements of the rules or regulations in this subchapter and/or has previously been convicted of a crime exclusive of minor motor vehicle infractions.

 

Modified, 1 CMC § 3806(d), (e), (g).

 

History: Adopted 9 Com. Reg. 5291 (Dec. 15, 1987); Proposed 9 Com. Reg. 5010 (Sept. 15, 1987).

 

Commission Comment: In subsections (e) and (g), the Commission corrected the spelling of “automotive” and “previously,” respectively.

 

§ 150-50.5-135           Inspector Certificate Forms

 

(a)       The official vehicle inspector certificate shall be of a design approved by the Director, and indicate the following information on the face of the certificate:

(1)       The name of the person to whom the certificate is issued.

(2)       The date the certificate is issued.

(3)       The expiration date of the certification.

(4)       The signature of the Department agent authorized to issue the certificate.

(5)       The number of the certificate.

 

(b)       The following information shall be listed on the reverse side of the official vehicle inspector certificate.

(1)       The types of vehicle the inspector is certified to inspect.

(2)       The name and location of the official vehicle inspection station where the inspector will conduct the inspections.

 

(c)       The official certificate designating a person as a vehicle inspector shall be displayed in a conspicuous place in the area where inspections are conducted.

 

(d)       A vehicle safety inspector certificate shall expire four years from the date of issuance, unless revoked or suspended by the Department.

 

(e)       Application for renewal of certification shall be made by the vehicle safety inspector not more than sixty days nor less than thirty days prior to the expiration of the certificate.

 

Modified, 1 CMC § 3806(e), (g).

 

History: Adopted 9 Com. Reg. 5291 (Dec. 15, 1987); Proposed 9 Com. Reg. 5010 (Sept. 15, 1987).

 

Commission Comment: In subsection (a), the Commission corrected the spelling of “certificate.”

 

§ 150-50.5-140           Inspection Stations; Operating Procedures

 

Official vehicle inspection stations shall be operated in accordance with the rules and regulations in this subchapter which include the Periodic Vehicle Inspection Manual attached hereto, and such instruction as may be issued by the Department which are not inconsistent with these rules and regulations.

 

(a)       Official public vehicle safety inspections shall be operated with reasonable regard for the convenience of the public.

 

(b)       Official vehicle safety inspections shall be conducted only at official vehicle safety stations which have been issued a permit by the Department.

 

(c)       Official vehicle safety inspections shall be conducted only by vehicle safety inspectors who have been issued a certificate by the Department.

 

(d)       The Department shall upon request furnish copies of all instructions and required forms, including a copy of the rules in this subchapter including the Period Vehicle Inspection Manual to the official vehicle inspection station. The Department may require persons receiving such copies, to pay the cost of the items.

 

(e)       The Department may require every official public vehicle inspection station to post a sign with a minimum area of 144 square inches, clearly legible from a public area, containing the word, “Official Vehicle Safety Station,” together with the identifying numbers and letters assigned to that station.

 

Modified, 1 CMC § 3806(d), (g).

 

History: Adopted 9 Com. Reg. 5291 (Dec. 15, 1987); Proposed 9 Com. Reg. 5010 (Sept. 15, 1987).

 

Commission Comment: In subsection (e), the Commission moved the comma after “station” inside of the closing quotation mark.

 

§ 150-50.5-145           Safety Inspection Records

 

(a)       A vehicle safety inspection checklist/certificate form, as designated and approved by the Director, shall be completed by the vehicle safety inspector, for each vehicle inspected.

 

(b)       The official vehicle inspection station operator shall insure the copies of the completed safety inspection checklist/certificate are distributed as follows:

(1)       One copy shall be sent to the Department.

(2)       One copy shall be retained by the certified safety inspection station for a period of at least one year.

(3)       One copy shall be given to the vehicle owner for use as needed for vehicle registration purposes.

(4)       One copy shall be given to the vehicle owner to be retained in the vehicle at all times.

 

History: Adopted 9 Com. Reg. 5291 (Dec. 15, 1987); Proposed 9 Com. Reg. 5010 (Sept. 15, 1987).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) and (b).

 

§ 150-50.5-150           Inspection Stations; Supervision by the Department

 

The Department shall exercise supervisory control over all official vehicle inspection stations under its jurisdiction. This supervisory function shall include, but not be limited to, the following activities:

 

(a)       The issuance of instructions and any forms as may be required for:

(1)       The preparation and maintenance of records concerning official vehicle safety inspections.

(2)       The preparation and submission of reports by official vehicle inspection station operators.

(3)       The use and condition of station facilities and equipment used in the safety inspection of vehicles.

 

(b)       Monitoring and inspecting official vehicle inspection stations to:

(1)       Evaluate the procedures used in the safety inspection of vehicles.

(2)       Evaluate the condition of vehicle inspection facilities and equipment used in vehicle safety inspections.

(3)       Evaluate the condition and accuracy of test equipment used in vehicle safety inspections.

 

(c)       The analysis of official vehicle inspection reports to evaluate the performance of vehicle safety inspections.

 

(d)       The preparation and maintenance of appropriate records for each official vehicle inspection station.

 

(e)       The Department shall prepare and submit a report to the Director at the end of each quarter covering periodic vehicle safety inspection activities with its jurisdiction. This report shall contain, but is not limited to the following:

(1)       The number of vehicle inspection station applications processed.

(2)       The number of vehicle inspector certificates suspended.

(3)       The number of official inspection station permits revoked.

(4)       The number of official inspection stations voluntarily withdrawing from the program.

(5)       The number of vehicle inspector applications processed.

(6)       The number of vehicle inspector certificates revoked.

(7)       The number of certified vehicle inspectors active in the jurisdiction.

(8)       The number of vehicle inspector certificates renewed.

(9)       The number of official vehicle inspection stations monitored.

(10)     A brief narrative describing any problems, innovations and recommendations.

 

History: Adopted 9 Com. Reg. 5291 (Dec. 15, 1987); Proposed 9 Com. Reg. 5010 (Sept. 15, 1987).

 

§ 150-50.5-155           Enforcement by the Department

 

(a)       Any violation of the rules and regulations in this subchapter or failure to comply with these rules and regulations may result in suspension or revocation of a permit or a certificate.

 

(b)       The Department shall post at its main office a list of the names of inspection stations for which permits have been suspended or revoked and the names of inspectors whose certificates have been suspended or revoked.

 

Modified, 1 CMC § 3806(d), (g).

 

History: Adopted 9 Com. Reg. 5291 (Dec. 15, 1987); Proposed 9 Com. Reg. 5010 (Sept. 15, 1987).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) and (b). In subsection (a), the Commission deleted the repeated word “and.”

 

§ 150-50.5-160           Operating Procedures for Inspectors

 

Certified vehicle inspectors shall conduct all official vehicle safety inspections, in accordance with the regulations in this subchapter including the Periodic Vehicle Inspection Manual, and such instructions as may be issued by the Department that are not inconsistent with these regulations.

 

(a)       No person shall act as a certified vehicle inspector or issue any official safety inspection certificate unless that person possesses a current, valid vehicle inspector’s certificate to conduct vehicle inspections issued by the Department.

 

(b)       Certified vehicle inspectors shall be the only persons authorized to conduct safety vehicle inspection.

 

(c)       Every certified vehicle inspector shall conduct vehicle safety inspections in accordance with the procedures and criteria prescribed in the Periodic Vehicle Inspection Manual.

 

Modified, 1 CMC § 3806(d), (g).

 

History: Adopted 9 Com. Reg. 5291 (Dec. 15, 1987); Proposed 9 Com. Reg. 5010 (Sept. 15, 1987).

 

Commission Comment: In subsections (a) and (c), the Commission corrected the spelling of “Department” and “certified,” respectively.

 

Part 200 -       General Procedures for Inspection

 

§ 150-50.5-201           Applicant for Inspection Certification

 

(a)       Any vehicle owner or operator shall be allowed to make an appointment with any public vehicle inspection station for inspection of a vehicle.

 

(b)       Any vehicle owner or operator shall be free to select any official public vehicle inspection station and shall not be obligated to have any repair work performed at the station where the inspection is made.

 

(c)       Upon successful completion of inspection, the vehicle owner or operator shall proceed to the Bureau of Motor Vehicle to obtain a vehicle inspection sticker and other documents.

 

History: Adopted 9 Com. Reg. 5291 (Dec. 15, 1987); Proposed 9 Com. Reg. 5010 (Sept. 15, 1987).

 

§ 150-50.5-205           Inspection Fees

 

The following fees shall apply:

 

(a)       A five dollar fee shall be charged for the safety inspection sticker payable to the Commonwealth Treasury.

 

(b)       Mopeds, motorcycles, three and four wheeled recreational vehicles and other two wheeled motor vehicles shall be charged $2.50.

 

(c)       A five dollar fee shall be charged for pick-ups, sedans, jeeps, automobiles, and other motor vehicles not exceeding six passengers as stated by manufactures rating.

 

(d)       All owned and operated government vehicles shall be charged a fee of $1.00.

 

(e)       A fee of $30.00 shall be charged for trucks, buses, all other heavy equipment vehicles, and all other motor vehicles.

 

(f)        When an application for certification of vehicle safety inspection is made at the an official vehicle safety inspection station, a certified vehicle safety inspector may first collect the inspection fee and then shall conduct the inspection pursuant to the rules in this subchapter including the Periodic Vehicle Inspection Manual, using the checklist form designed by the Director.

 

(g)       A certified vehicle inspector may require an additional inspection fee as established herein for the reinspection of corrected defects when the vehicle is presented for certification more than ten days after failure of the applicant’s vehicle to qualify on the initial inspection.

 

Modified, 1 CMC § 3806(d), (e), (f), (g).

 

History: Adopted 9 Com. Reg. 5291 (Dec. 15, 1987); Proposed 9 Com. Reg. 5010 (Sept. 15, 1987).

 

Commission Comment: In subsection (b), the Commission corrected the spelling of “shall.” In subsection (f), the Commission deleted the word “and” after “including” to correct a manifest error. The Commission inserted a comma after the word “vehicles” in subsection (e) pursuant to 1 CMC § 3806(g).

 

§ 150-50.5-210           Failure to Qualify for Certification and Correction of Defects

 

(a)       When a vehicle inspection pursuant to the rules in this subchapter including the Periodic Vehicle Safety Inspection Manual is found not to qualify, the certification of inspection and approval shall not be assigned by the certified inspector who performed the inspection.

 

(b)       After the certificate of inspection and approval is signed, a safety inspection sticker shall be affixed by the Motor Vehicle Bureau personnel upon the left hand of the rear windshield of the vehicle. If the vehicle has a convertible top, the sticker shall be applied on the lower right hand corner of the front windshield.

 

(c)       All expired safety inspection stickers on the vehicle shall be removed and destroyed.

 

Modified, 1 CMC § 3806(d).

 

History: Adopted 9 Com. Reg. 5291 (Dec. 15, 1987); Proposed 9 Com. Reg. 5010 (Sept. 15, 1987).

 

§ 150-50.5-215           Replacement of Lost or Stolen Stickers

 

(a)       Safety inspection stickers which have been lost or stolen may be replaced without reinspection if the vehicle owner or operator can furnish proof of inspection and approval, and the loss is reported prior to the current inspection expiration date.

 

(b)       Reinspection shall be required if there is no evidence or previous safety inspection or the safety inspection certificate date has expired.

 

(c)       The Bureau of Motor Vehicle shall record safety inspection sticker replacements on the original inspection copy of the checklist certificate and report the additional information to the Department.

 

History: Adopted 9 Com. Reg. 5291 (Dec. 15, 1987); Proposed 9 Com. Reg. 5010 (Sept. 15, 1987).

 

§ 150-50.5-220           Items of Equipment to Be Inspected

 

The following items shall be inspected:

 

(a)       Registration.

 

(b)       Tires.

 

(c)       Wheels.

 

(d)       Brakes.

 

(e)       Steering alignment and suspension.

 

(f)        Lighting and electrical systems.

 

(g)       Vehicle glazing (windshield and windows).

 

(h)       Body and sheet metal.

 

(i)        Fuel intake system.

 

(j)        Exhaust system.

 

(k)       Speedometer - odometer.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Adopted 9 Com. Reg. 5291 (Dec. 15, 1987); Proposed 9 Com. Reg. 5010 (Sept. 15, 1987).

 

Commission Comment: In subsection (a), the Commission inserted the final period.

 

§ 150-50.5-225           Scope of Inspection

 

The scope of inspection shall specifically include the following:

 

(a)       Registration:

The vehicle license number and identification number shall be inspected for agreement with the corresponding numbers shown on the registration certificate. License plate shall be inspected for condition, legibility, proper location, and secure mounting.

 

(b)       Tires:

Tires shall be inspected for wear, damage, proper size, type and tread configuration.

 

(c)       Wheels:

Wheels shall be inspected for damage, missing part, excessive runout, and security or mounting.

 

(d)       Brakes:

Service, parking and emergency brake system shall be inspected for performance; wear and condition of friction components and mechanical linkage; leakage of hoses, tubing, diaphragms, pistons, and reservoirs; and proper operation of power units and failure warning indicators.

 

(e)       Steering Alignment and Suspension:

The steering alignment and suspension system shall be inspected for condition of power units, if so equipped; lash, free play, and travel; wheel bearing looseness, damage and wear; wheel alignment; and function, condition, damage, and wear of all suspension units.

 

(f)        Lighting and Electrical System:

Lamps and reflectors shall be inspected for function, location, color, brightness, and damage. Headlamps, auxiliary driving or fog lamps shall in addition, be tested for aim and operation of the high beam indicator. Horns shall be inspected for functions. Visible electrical wiring shall be inspected for condition, location, security of fastening and insulation.

 

(g)       Vehicle Glazing (Windshield and Window Glass or Other Material):

Glass, plastic, or other material used in windshield and windows shall be inspected for type, damage, discoloration, obstruction, tinting, and operation of any window adjacent to the driver.

 

(h)       Body Items and Sheet Metal:

(1)       Exterior rearview mirrors and the interior rearview mirror shall be inspected for location, field view, condition, mounting, ease of adjustment, and sharp edges.

(2)       Windshield wiper shall be inspected for proper operation, blade size and condition, and missing or damaged components.

(3)       The windshield washer shall be inspected for operation and fluid distribution.

(4)       Body parts shall be inspected for damage, approved modifications, or replacement parts. Bumpers shall be inspected for condition, mounting looseness, hazardous protrusions, and sharp edges. Fenders shall be inspected for condition, mounting looseness, size, hazardous protrusions, sharp edges, and non-approved modifications.

(5)       Doors shall be inspected for operations and latching. Forward opening or trunk lids shall be inspected for proper operation and condition of the latch, secondary or safety catch, and latch release mechanism.

(6)       The floor pan shall be inspected for condition damage and holes.

(7)       Seats shall be inspected for proper operation of the adjustment mechanism and condition of anchor bolts. Seats belts and shoulder belts; inoperative buckles; loose, missing, or unfastened belt anchorages; and non-approved belts. Seat belt retractors shall be inspected for proper functioning. Audible signal and warning light shall be inspected for proper operation.

 

(i)        Exhaust System:

Under vehicle exhaust system components shall be inspected for proper condition, damage, mounting, leakage of gases, and missing or exposed parts. The exhaust manifold and connected piping under the hood shall be inspected for condition, damage, looseness, and leakage.

 

(j)        Fuel Intake System:

All intake and fuel system units, including filler tubes, filler caps, tubing, and hoses shall be inspected for proper location and connection, security, proper installation, leakage, and damage.

 

(k)       Speedometer - Odometer:

The speedometer - odometer shall be inspected for proper operation while performing the brake inspection. Indicated vehicle mileage shall be recorded at the time of vehicle inspection.

 

Modified, 1 CMC § 3806(g).

 

History: Adopted 9 Com. Reg. 5291 (Dec. 15, 1987); Proposed 9 Com. Reg. 5010 (Sept. 15, 1987).

 

Commission Comment: In subsections (b), (f), (h)(1), (h)(5), and (h)(7), the Commission corrected the spelling of “configuration,” “auxiliary,” “mirror,” “forward” and “buckles,” respectively. The Commission inserted commas after the words “location” in subsection (a), “damage” in subsection (e), “plastic” in subsection (g), “adjustment” in (h)(1), “modifications” and “protrusions” in subsection (h)(4), “missing” in subsection (h)(7), and “tubing” in subsection (7) pursuant to 1 CMC § 3806(g).

 


 

Appendix A

Periodic Motor Vehicle Inspection Procedure

 

1. Steering

A. Power Steering Components:

1. With engine stopped, inspect power steering belts for proper condition and            tension.

2. Inspect power steering system including gear, hoses, hose connections, cylinders, valves, pump and pump mounting for condition, rubbing leaks.

3. Inspect power steering reservoir fluid level at operating temperature.

 

Reject:

 

1. Belts are badly frayed, cracked on the inner edge or loose; there is a depression of more than one-half inch of thumb pressure midway between the drive and the drive pulleys.

2. Hoses or hose connection have been rubbed by moving parts or are leaking, cylinders, valves or pump show evidence of leakage.

3. Fluid is below proper level.

 

            B. Manual Steering Components:

                        1. Check steering box, pitman and idler arms for play and looseness.

                        2. Inspect steering column and shaft for looseness.

 

                        Reject:

 

                        1. Steering box not secure, pitman and idler arm bushings have excessive play.

                        2. Steering column and shaft not secure.

 

            C. Lash or Free Play:

1. Vehicle must on a dry, flat, and substantially level surface. On vehicles with power steering, engine must be running.

2. With the wheels in straight ahead position, turn steering wheel until the turning motion is observed at the front wheel.

3. Slowly turn steering wheel in the opposite direction until front wheel movement is observed.

4. Measure the distance the steering wheel has traveled.

 

Reject:

 

Steering system free play exceeds values listed:

 

Steering Wheel Diameter                   Lash

16” or less                                           2’*

18”                                                      2 ¼”

20”                                                      2 ½”

22”                                                      2 ¾”

 

D. Travel:

 

1. Unlock steering lock with ignition key if vehicle is so equipped.

2. If vehicle has power steering, start and idle engine. Wheels should be on the ground.

3. If vehicle has manual steering, it may be desirable to raise front wheels off the ground.

4. Do not apply service brakes.

5. Turn steering wheel to limits of travel (left and right) and feel for binding or jamming conditions in the steering mechanism.

 

Reject:

 

Front wheels are incapable of being turned full right and full left without binding or interference.

 

            E. Absorbing Steering Column

1. From inside passenger compartment, visually inspect for separation of sheer capsule from bracket. (Some models do not have sheer capsules, in which this procedure would not apply).

Note: Many 1967 and later model cars have been equipped with an energy absorbing steering column which was designed to collapse under impact.

 

                        Reject:

 

1. Sheer capsule is separated from the bracket and/or if wheel and column can be moved as a unit.

 

            F. Wheel Bearings

1. Lift front end of vehicle to load ball joints. (If spring or torsion bar is on the lower arm, hoist at frame. If spring or torsion bar is on the upper arm, hoist at lower arm close to ball joint).

2. Check front wheels by grasping each front tire, top and bottom, and rocking it in and out.

 

Reject:

 

1. More than 1/8” movement measured at outer circumference of tire, (relative movement between drum and backing plate is excessive).

 

            G. Steering Linkage Play:

                        1. Follow step F-1 above.

                        2. If vehicle is equipped with power steering, start and idle engine.

                        3. Apply service brakes to eliminate wheel bearing play.

4. Grasp each front tire, front and rear, and attempt to turn wheel and tire assembly left and right. Note any free movement at front and rear of tire.

 

Reject:

 

1. Free movement measured at the tire tread is found to be in excess of that shown below:

 

Wheel Diameter                     Free Play

16” or less                               ¼”

16.01 to 18”                            3/8”

18.01” or more                       ½”

 

2. Alignment:

 

Visually inspect tires for uneven wear or tread. Require alignment should the condition of tire tread indicate such.

 

Various uneven or irregular tread wear conditions are considered abnormal and may be signs of incorrect tire balance or inflation, defective wheel alignment, or worn suspension components.

 

3. Suspension:

A. With the vehicle on a level surface, visually inspect the heights of the four corners of the vehicle.

B. Raise the vehicle and visually inspect the underside for condition of the front and rear suspension components listed below:

 

Frame, Leaf Springs, Coil Springs, Shackles, U-Bolts, Spring Clips, Stabilizer Bar, Control Arms, Radius Rods, Struts, Steering Arms, Tie Rods, Idler Arms, Rubber Bushings, Shock Absorber Mountings, Suspension Brackets, and Ball Joint Seals.

 

            Reject:

 

            Any of the above are loose, broken, missing, bent, or insecurely mounted.

 

C. Shock Absorbers:

1. With vehicle still hoisted, visually inspect for leakage. (Fluid on outside or lower tube or cylinder).

2. With vehicle on a level surface, push down on bumper on one end of vehicle and release. Note number cycles of free rocking motion allowed by shock absorbers.

3. Repeat procedure at opposite end of vehicle.

 

Reject:

 

1. Severe leakage (not slight dampness) occurs.

2. Vehicle continues bouncing after more than two cycles of free rocking motion.

3. Vertical motion cannot be induced.

 

            D. Rear Wheel Tracking:

By observation compare tracking of rear wheels with tracking of front wheels when the vehicle is moving straight ahead.

 

Reject:

 

Rearwheels do not track parallel and the same lateral (side to side) distance from the front wheel tracks.

 

4. Tires

            A. Visually inspect for tire wear.

            B. Inspect for cuts, snags, cracks, bumps, bulges, knots in tread or sidewalls.

            C. Inspect for regrooved or recut tires.

            D. Inspect for mismatching of tires.

            E. Inspect for tire size.

F. Visually inspect for restricted use markings, standard automotive size markings (DOT), highway type tread design, and metal studs in the tire tread.

 

Reject:

 

A. Tire is worn so that less than 2/32” tread remains when measured in any two adjacent major grooves at three locations spaced approximately equally around outside of tire.

Tire is worn that the tread wear indicators contact the road in any two adjacent major grooves at three locations spaced equally around outside of tire.

B. Tire has cuts, snags or cracks in excess of 1” in any direction, and deep enough to expose cords. Tire has bumps, bulges or knots indicating partial failure or separation of the tire structure.

C. Tire has been recut or regrooved below original groove depth, except special tires which have undertread for this purpose and are marked as such.

D. Tires of different sizes or types are mounted on the same axle. (Refer to General Instructions Nos. 2 & 3).

E. The tire is mounted in an improper location for the size or type when mixed sizes and types are installed on the vehicle. (Refer to General Instructions No. 4).

Note: Difference in brand name or tread design are not cause for rejection.

F. Any mounted tire has a load capacity less than that required by the GVW of the vehicle; is on a rim of improper width; and can touch or rub any part of the vehicle. (Refer to General Instructions No. 5).

 

General Instructions:

1. The safest condition exists when all tires:

            a. Are of the same size.

            b. Have the same tread pattern and approximately equal tread depth.

c. Are not underinflated (Tire pressure should not be less than that specified for the load on the tire, nor more than the maximum specified for the tire).

2. Tires on each axle must be of the same type of construction; either all bias ply, all belted bias ply, or all radial ply.

3. Tires on each axle must have the same equivalent size designation.

4. When tires of different types or sizes are installed on a vehicle:

            a. The largest sized tire must be installed on the rearmost axle.

b. Radial ply tires must be installed on the rearmost axle with any belted bias ply tires installed on the forward axle.

c. Belted bias ply tires must be installed on the rearmost axle with any bias ply tires installed on the forward axle.

            5. The following types of tires must not be used for street applications:

a. Tires marked “for farm use only,” “off-highway use only,” “for racing use only,” and all other tires designed and marketed for other than highway use by the manufacturer.

b. Tires that are not marked with standard automotive size designation.

c. Tires that do not have a highway type tread design of ribs and grooves around the tire in the plane of rotation. Mud and snow tires designed for highway use are permitted, but the use of metal studs in these tires is prohibited.

6. The installation and inspection of spare tires is recommended but not required. Spare tires should meet the requirements of tires used on the wheels of the vehicle.

7. GVWR – Gross vehicle weight rating. The weight of the vehicle plus its load carrying capacity in pounds (or kilograms). This rating is specified by the manufacturer on all vehicles assembled since 1969.

 

5. Wheels and Rims:

            A. Visually inspect wheel bolts, nuts or lugs.

B. Inspect for wheel damage (on wire wheels run screwdriver handle around spokes, clockwise and counter clockwise to check for broken or loose spokes).

C. Inspect rims and rings (check for evidence of rim slippage). This is an indication of wear or loose nuts.

 

Reject:

 

1. Wheel bolts, nuts, studs, or lugs are loose, missing, severely worn, rusted or damaged so that they cannot be remounted, tightened or safely used.

2. Any part of wheel is bent, cracked, repaired by welding or brazing, damaged, or has elongated bolt holes which would effect* safe operation of the vehicle; spokes of wire wheels are loose, bent or broken.

3. Rims and rings are mismatched, bent, sprung, or otherwise damaged; lockrings or side rings are cracked, bent, or improperly installed on two and three piece wheels.

4. Any wheel nut, hub cap or wheel cover has winged projections.

 

6. Exhaust System:

            A. Under Vehicle Inspection:

1. Visually inspect mufflers, resonator, tailpipes, exhaust pipes, catalytic converters, and supporting hardwear* while vehicle is on a hoist, jack and frame stands, or over a pit. Rusted, corroded and damaged parts should be given particular attention. The engine should be running during this inspection.

(Holes in the muffler made by the manufacturer for moisture drainage are not cause for rejection.)

 

Reject:

 

1. Vehicle has no muffler; there are loose or leaking joints. There are holes in, or patches on, any component; elements of the system are not securely permanently fastened (check for missing or broken hangers); tailpipe end is pinched, rusted or broken off; there is a muffler cut-out or similar device that allows exhaust gases to be discharged before reaching the end of the tailpipe; any part of the system passes through passenger compartment or trunk; the tailpipe ends beneath any compartment used for carrying passengers, including the trunk, or ends forward of any window capable of being opened, vent or openings in the passenger compartment; and exposed exhaust system parts which might burn anyone.

 

Note: Station wagons with operable tailgate window and trucks with campers.

 

Tailpipes must exit the side, past the rear tire, and point down.

 

            B. Under Hood Inspection:

1. Visually inspect the exhaust manifold and connected piping. With engine running listen for hissing or other sounds which indicate leakage.

 

Reject:

 

1. Any part of the system is damaged, loose, or leaking.

 

7. Intake and Fuel System:

A. Visually examine all fuel system components, (filler cap, filler tube, filters, canisters, etc.) and all connections, fuel lines tubes and hoses for security of installation and leakage.

 

            Reject:

 

            A. Any part of the fuel system that is not securely and permanently fastened.

            B. There is vapor or liquid fuel leakage at any point in the system.

            C. Fuel tank filler cap is missing or does not fit properly.

            D. Hoses, lines or tubes are cut, cracked or broken.

 

8. Service Brakes:

A. Check brake fluid level in master cylinder. Also inspect for leaks on the inside or outside of wheel drum backing plates.

            B. Depress foot pedal to brake-applied position .Check emergency brakes actuating            mechanism.

 

            Reject:

 

            A. Brake fluid leakage around brake mechanism parts.

B. More than 1” of pedal travel in power brake systems and more than 1 ½” in other systems.

                        1. Emergency brake mechanism does not lock in the fully applied position.

C. Take vehicle out on road test. Accelerate to a speed of 4 to 8 mph. Keep hands lightly on steering wheel and apply brakes to stop vehicle in the shortest possible distance. At the same time, check speedometer and odometer for proper operation.

 

Reject:

 

1. There is significant pull to the right or left. Grinding or unusual noises when applying brakes.

2. Odometer fails to operate.

Note: At this time, state law does not require a functional speedometer, but you may want to advise your customer that he is leaving himself open to speeding violations if his speedometer is not working.

            3. If brake troubles are suspected, accelerate vehicle to 20 mph and apply service brakes.

 

            Reject:

 

Failure to stop vehicle at point of 30’ or less and/or failure to stop in a straight line.

 

9. Parking Brakes:

A. Automatic transmissions – engage parking brakes, place shifter in drive, keep left foot lightly on service brake pedal and press gas pedal about half throttle momentarily.

            Standard shift – Place shifter in highest driving gear, let clutch out slowly.

 

            Reject:

 

            Failure to hold vehicle in place on flat surface.

 

10. Headlamps:

A. Visually inspect the headlamps for position condition (cracked, broken or missing), and secureness.

B. Turn on the headlamps and check for brightness, direction, and type which may be contrary to law.

C. Use approved type headlight aimer and candle power meter to check direction and brightness of headlamps.

 

Reject:

 

A. Any headlamp cracked, broken or missing and not securely fastened.

B. Headlamps that do not measure 50% of new light brightness, lamps with excessive dirt or moisture inside or obvious discoloration. Lamp showing color contrary to law.

C. Reject the headlight system aim for any of the following conditions:

Horizontal aim of either high or low beam is more than 4” to the right of center.

Vertical aim of either high or low beam is more than 4” lower than center.

 

11. Stop Lamps:

            Notes for inspectors:

a. Almost all vehicles manufactured since the early 1950s were equipped with at least two red stop lamps mounted on each side of the rear of the vehicle. Earlier models may have only one tail lamp mounted on the rear of the vehicle.

b. All vehicles manufactured after January 1, 1969, are equipped with at least two red stop lamps mounted on either side of the rear of the vehicle.

c. On some vehicles the ignition switch must be in the “On” position for the stop lamps to function.

A. With the headlamps or the parking lights on, depress the service brakes and observe the stop lamps.

 

Reject:

 

A. Any stop lamp illumination is not readily visible under all lighting conditions.

B. All stop lamps do not illuminate with equal intensity.

C. Excessive pedal pressure is required to illuminate the stop lamps.

D. There is white light visible due to cracked or broken lens.

12. Signal Lamps:

            A. Notes for inspectors:

1. Almost all vehicles manufactured since the early 1950s were equipped with self-canceling turn signals.

2. All vehicles manufactured after January 1, 1969 are equipped with self-canceling turn signals and amber (yellow) colored front turn signal lamps.

3. Front turn signal lamps are either white or amber in color; rear turn signal lamps are either red or amber in color.

4. All vehicles equipped with turn signals have indicator lamp within the vehicle.

            B. With the parking lamps and ignition switch “On:”

1. Check the operation of the turn signal lamps to the front and rear of the vehicle, both left and right sides. Also check the operation of the interior indicator light.

2. With the turn signal switch actuated in either direction, rotate the steering wheel one full turn and return to original position. Observe the self-cancellation.

           

                        Reject:

 

1. Any turn signal lamp illumination is not readily visible under all lighting conditions.

2. The turn signal flashing rate is less than 50 flashes or greater than 130 flashes per minute.

3. The interior indicator does not indicate turn signal operation.

4. The turn signal does not properly illuminate on the left or right when so switched.

5. The self-canceling device does not operate.

 

13. Tail Lamps:

            A. Notes for inspectors:

1. Almost all vehicles manufactured since the early 1950s were equipped with two red tail lamps, one mounted on each side of the rear of the vehicle.

2. All vehicles manufactured after January 1, 1969 are equipped with at least two red tail lamps and reflectors mounted to the rear on either side of the vehicle.

3. Tail lamps are illuminated whenever the headlamps or parking light switch is activated.

            B. Observe illumination of tail lamps.

            C. Observe the rear reflectors.

 

            Reject:

 

            1. Any lamp or reflector not of an approved type.

            2. Any bulb in lamp not functioning properly.

            3. Any circuit that does not light the proper filament.

            4. Any cracked, broken, or missing lens or reflectors.

 

14. Warning Lamps:

            A. Notes for Inspectors:

1. All vehicles manufactures after January 1, 1969, are equipped with hazard warning lamps.

2. On some vehicles the hazard warning lamps will not flash when the service brake pedal is depressed.

B. With the parking lamps illuminated, actuate the hazard warning lamp switch. Observe the turn signal lamp and indicator. (Said lamps should function with the ignition switch in the “Off” position).

 

Reject:

 

1. Any turn signal lamp fails to flash.

2. Any turn signal lamp is not readily visible under all lighting conditions.

3. The flashing rate is less than 50 per minute or greater than 130 per minute.

 

15. Other Lamps:

            A. Side Marker Lamps:

1. All vehicles manufactured after January 1, 1969 are equipped with side marker lamps and side marker reflectors.

            B. Backup Lamps:

1. All vehicles manufactured after January 1, 1969 are equipped with one or more automatic backup lamps mounted on the rear of the vehicle.

            C. License Plate Lamps:

1. Required on the rear of all vehicles to illuminate the license plate with white light.

            D. Auxiliary Lamps:

1. Actuated by a switch at the driver’s position, the number of auxiliary lamps used should be limited to two and auxiliary lamps used on vehicles equipped with a four headlamp system should be so connected that they operate only when the low beam headlamps are activated.

 

            Reject:

 

            1. Either the lamp or the indicator fails to function properly.

            2. Any lamp or reflector which does not meet the requirement.

 

16. Horn:

            A. Test horn for operation and audibility.

 

            Reject:

 

            1. Horn or horn switch not securely fastened.

            2. Horn not audible at 200 feet.

            3. Switch not readily accessible to operator.

            4. Switch missing or inoperative.

            5. Operation of horn interferes with operation of any other circuit.

 

17. Other Electrical

A. Wiring:

            1. Check visible wiring for proper insulation, condition and location.

 

Reject:

 

1. Wiring insulation is worn or rubbed bare.

2. Wiring shows any evidence of burning or short circuiting.

3. Wiring is improperly installed, or so located as to incur damage.

 

B. Neutral Safety Starting Switch: (Automatic Transmission Only)

1. Determine that starter operates with gear selector in “P” (Park) and “N” (Neutral) only.

 

Reject:

 

1. Starter operates with gear selector in any gear other than “P” (Park) or “N” (Neutral) only.

2. (Failure to start with the gear selector in Park or Neutral is not cause for rejection.)

 

18. Windshield

A. General Instructions:

1. Automotive safety glazing is marked with the manufacturer’s trademark and the letters “AS” followed by a number from 1 through 11. Only AS1 (or AS10 – bullet resistant) may be used in windshields.

2. Vehicles manufactured before 1954 may be equipped with AS2 safety glass in the windshield or may be equipped with unmarked glass in all windows if it is the original equipment.

3. Glazing material installed after January 1, 1972, must be approved by the Territory of Guam.

            B. Inspect windshield and all windows for cracks, chips, sharp edges and discoloration.

 

            Reject:

 

1. There is any stone bruise or star chip greater than 13/16 inch diameter in the driver’s side of the windshield.

2. There is any stone bruise or chip greater than 1 ½ inches in diameter in the passenger’s side of the windshield or any other window in the vehicle.

3. There are cracks in the driver’s side of the windshield of a total length greater than 5 inches.

4. There are cracks in the passenger’s side of the windshield or any other window in the vehicle of a total length greater than 8 inches.

5. There are posters or stickers which interfere with vision.

 

C. Inspect for glazing:

 

Reject:

 

1. If the windshield is tinted with glazing other than factory or of the approved type.

2. Note: Windshields to be tinted must be that of clear glass. The “seal” for those companies which handles approved tint must be on each glass being tinted.

 

19. Other Windows:

            A. Inspect glass for proper type.

B. Inspect operation of window at driver’s left. Window must open readily even though the vehicle has approved turn signals. If equipped with power window turn ignition on to test operation.

C. Inspect all glass for material or conditions that obscure driver’s vision; including stickers, posters, decals, signs, tinting, curtains and venetian blinds.
D. Inspect for cracks, chips, sharp edges and discoloration.

 

Reject:

 

1. Non-transparent materials such as plywood, etc., are used on sedans, jeeps, and station wagons to replace glass.

2. Window at driver’s left cannot be readily opened to permit arm signals. (Absence of glass in any window except the windshield is not cause for rejection.)

3. Glazed surfaces contain any vision reducing material, except in shaded areas.

4. Non-approved tinting material.

5. There is any scratched, discolored or otherwise opaque area on the passenger’s side of the windshield or any other window in the vehicle which exceeds the dimensions shown in Table 2.

6. There is a crack in the windshield or any window in the vehicle that allows one piece of glass to be moved with respect to the other.

7. The windshield or any window is broken (pieces missing) or has exposed sharp edges.

 

Note: Refer to “Additional Glazing Information”

 

20. Windshield Wipers:

            1. Notes for Inspectors:

a. A cycle consists of blade movement from one extreme of the wiper pattern to the other and return.

b. The windshield must be free of insects, oil film or other foreign matter, and must be continuously wet when tested.

2. Visually inspect for satisfactory operation. Apply a small amount of water continuously to the wiped windshield surface during operation of the wipers. This may be accomplished by operation of the washer system, if installed. Count the number of cycles completed in one minute. If vacuum operated, engine must be idling and control full on.

3. Visually inspect for proper blade size, damage, wear, aging, etc., and damaged wiper arms.

4. Inspect for proper contact of blades with windshield. Raise arms 2” away from windshield and release. Arm should return to original position and wiper blade contact the windshield firmly.

 

Reject:

 

1. Vehicle has fewer wipers than originally installed.

2. Wipers on vehicles produced after January 1, 1968, do not operate at two or more speeds.

3. On vehicles produced after January 1, 1968:

            a. The highest operating speed is less than 20 cycles per minute.

            b. The low operating speed is less than 20 cycles per minute.

4. On vehicles produced before January 1, 1968, and equipped with electric, air, or vacuum powered wipers:

            a. The operating speed is less than 20 cycles per minute.

5. Blades smear or severely streak windshield after 5 cycles.

6. Blades do not completely clear water from wiped area.

7. Blades are of improper size, edges are hard, cracked or damaged.

8. Parts of arms are missing or damaged to the extent that performance is impaired.

9. Arm fails to return to original position or blade to contact the windshield over the entire length of the blade.

 

20(A). Windshield Washer:

            1. Notes for inspectors:

a. Vehicles produced after January 1, 1968, and introduced into or sold in the U.S. must be equipped with windshield washer systems.

2. Inspects for proper operation of hand or foot control the location and amount of fluid delivered to the windshield surface. Windshield wipers should be in operation during the inspection.

 

Reject:

 

1. System fails to function.

2. System does not distribute fluid over the entire wiped area of the windshield within 5 wiper cycles.

 

21. Rearview Mirror:

            A. Notes for inspectors:

1. All passenger vehicles manufactured after January 1, 1968, and introduced into or sold in the U.S. are equipped with adjustable, non-magnifying, left-hand exterior rear view mirror.

2. All passenger vehicles manufactured after January 1, 1968 and introduced into and sold in the U.S. are equipped with an adjustable, non-magnifying, exterior right-hand rearview mirror if the interior mirror does not meet the field of view requirements of Federal Motor Vehicle Safety Standard No. 111.

B. From the driver’s position, visually inspect exterior rearview mirrors for proper location and field of view.

C. Visually inspect exterior rearview mirrors for stable mounting, ease of adjustment, and sharp edges or points.

 

Reject:

 

1. Any mirror is missing from a vehicle originally equipped with, or require to be equipped with one.

2. Mirror is obscured by a pillar or unwiped portion of the windshield.

3. Mirror does not give a reasonably unobstructed field of view of the area to the rear.

4. Mirror surface is cracked, discolored, pitted or clouded to the extent that any object within the required field of view cannot be clearly seen.

5. Mirror mounting is so loose that a set position cannot be maintained.

6. Mirror has sharp edges or points that could contributed to personal injury.

7. Mirror on the driver’s side is mounted so that it cannot be adjusted from the driver’s seated position.

 

21(A). Interior Rearview Mirror:

A. From the driver’s position, visually inspect interior mirror for proper mounting, location, cracks, sharp edges, ease of adjustment, clear view to the rear.

 

Reject:

 

1. Mirror is missing.

2. Mirror is loosely mounted or will not maintained a set adjustment.

3. Mirror does not provide a clear view of highway beginning at point no greater than 200 feet to the rear.

4. Mirror does not give an unobstructed field of view.

 

22. Registration:

A. Inspect registration certificate, license plates, vehicle description, and vehicle identification number (VIN). Compare to determine if there is proper agreement among them.

B. Check the expiration date of the No Fault Insurance Card.

C. Inspect license plates to see that they are securely mounted, clean, legible and clearly visible.

 

Reject:

 

1. The registration certificate is not available.

2. Vehicle description or identification number is not in agreement with registration certificate.

3. Numbers on license plates are not in agreement with numbers on registration certificate.

4. No Fault Insurance Card is not available or expired or not under the registered owner.

5. License plates are missing.

6. License plates are loosely mounted or improperly located.

7. Plates are obscured so that the numbers cannot be identified.

8. License plate numbers are not current.

 

23. Door latches:

            A. Open and close doors. Inspect door latches for proper operations.

 

            Reject:

 

            1. Door is missing.

            2. Any door mill not latch in the fully closed position without using unusual force.

            3. Rope, wire or similar materials is used to hold doors in place.

            4. Latches that do not operate properly, that do not allow safe locking or safe release.

 

24. Hood Latches:

A. Open hood or trunk lid and inspect safety catches for proper operation. Close hood and inspect for proper full closure. Manually inspect latch or remote control for proper operation.

 

Reject:

 

1. Hood or trunk lid latch does not securely hold hood or trunk lid in its proper fully closed position.

2. Secondary or safety catch does not function properly.

3. Latch release mechanism or its parts are broken, missing or badly adjusted so that the hood or trunk lid cannot be opened and closed properly.

4. Rope, wire or similar material is used to hold doors, hood or trunk lid in place.

 

25. Seats and Seat Belts:

            A. Notes for inspectors:

1. All passenger vehicles manufactured after January 1, 1968, and introduced into or sold in the U.S. are equipped with seat belts for all outboard passenger seating positions.

2. All passenger vehicles manufactured after January 1, 1970, are equipped with:

            1. Seat belts for all passenger seating positions; and

2. Shoulder belts for all outboard passenger seating positions, except convertibles.

B. Inspect seats for proper operation of adjusting mechanism and to see that the seats are securely anchored to floor pan.

C. Inspect seat belts and shoulder harnesses (when so equipped) for frayed, split or torn webbing; malfunctioning buckles; loose or damaged anchorages to floor pan.

D. Inspect seat belt retractors for proper function. (Inertia locking retractors only. These belts have no provision for adjusting the length of the belt.)

E. While sitting in the driver’s seat with seat belts unfastened, turn on the ignition and check seat belt warning system for audible signal and/or warning light (passenger vehicles manufactured after January 1, 1972).

 

Reject:

 

1. All seat anchor bolts are not securely fastened to floor or are missing.

2. Seat cannot be adjusted or seat adjusting mechanism slips out of set position.

3. When originally equipped, belts are missing (except where an alternate restraint system is installed);

Belt webbing is frayed, split or torn;

Buckles do not latch or release properly;

Belt anchorages are loose, missing or not fastened to belt;

Belts are not an approved type.

4. A retractor fails to maintain the restrained occupant belt length or fails to roll the belt onto the retractor when buckle is disconnected.

5. Audible signal and/or warning light does not activate for 4 to 8 seconds after ignition is turned on.

 

26. Fenders.

A. Visually inspect fenders for hazardous condition or unsafe mounting. Grasp fender firmly and apply moderate force up and down.

 

Reject:

 

1. Any fender is missing.

2. Any fender is loosely attached.

3. Any fender which does not cover the width of the tire tread.

4. Any fender is damaged to the extent that sharp edges or protruding portions are a safety hazard to persons nearby.

5. Modified fenders are not approved by the Territory of Guam.

 

27. Bumpers:

            A. Notes for Inspectors:

                        1. Modified bumpers shall be:

a. Constructed of substantial material that will not shatter or split upon impact;

                                    b. Firmly attached;

                                    c. Free of sharp or protruding edges or points; and

d. Provide a horizontal contact face extending to the width of the body sheet metal, including fenders, at a height between 14” and 22” above a level road service.

2. Visually inspect bumpers for hazardous condition or unsafe mounting. Inspect for looseness by grasping the bumper and applying force up and down and from side to side.

 

            Reject:

 

            1. The bumper is missing.

2. The bumper can be moved at the attachment points by the application of force in any direction.

3. The bumper is damaged or broken to the extent that it is in contact with body sheet metal.

4. The bumper is damaged to the extent that sharp edges or protruding portions are a safety hazard to the persons or vehicles nearby.

 

28. Floor Pan:

            A. Notes for Inspectors:

1. This is primarily a visual inspection which may be most easily conducted from under the vehicle.

B. Inspect floor pan in both occupant compartment and truck for holes which could permit entry of exhaust gases, or which would not support occupants adequately. Vehicles with other visible rust damage should be checked very carefully. Soft spots in the floor covering or loose seat mountings could be indications of a damaged floor plan.

 

            Reject:

 

1. Floor pan (front and/or rear) has holes caused by rust or other damage. (Drainage holes provided by the manufacturer are not cause for rejection if they are securely plugged or otherwise sealed.)

 

29. Body Items:

            A. Visually inspect for torn or damages parts, loose or improperly assembled parts.

 

            Reject:

 

1. Torn metal, broken glass or other loose or dislocated parts protrude from the exterior of the vehicle presenting a safety hazard to persons nearby.

 

30. Speedometer:

            A. Visually check the speedometer.

 

            Reject:

 

            1. If the speedometer is not functioning.

 

31. Emission Control:

            A. Visually inspect the Emission Control System.

 

            Reject:

 

            1. If the Emission Control System has been disconnected or modified.

 

 

Glazing:

 

            Definitions:

1. “Glazing material” means any material (glass, plastic, etc., either clear or tinted) used in or on a vehicle:

            a. As a windshield; or

            b. In a window opening; or

            c. As an interior partition.

2. “Tinting” means any process applied to glazing material that reduces the amount of visible light that passes through the material. The amount of light passing through the material is known by the technical term “luminous transmittance.”

 

Only glazing material marked “AS-1 (DOT)” or “AS-2 (DOT)” is approved for use in regular passenger car windows or the windows. to the immediate right and left of the driver in trucks and buses. “AS-10 (DOT)” or “AS-11 (DOT)” is approved for use in these locations where bullet resistance is required.

 

Vehicles manufactured before 1954 may be equipped with AS-2 safety glass in the windshield or may be equipped with unmarked glass in all windows if it is the original equipment.

 

I. Glazing material used in:

 

A. The windshield and all windows and partitions in passenger cars and taxi cabs; and in

 

B. The windshield and the windows to the immediate right and left of the driver in trucks and buses; and in

 

C. The rear windows (windows facing outward from the rear of the vehicle) of trucks and buses not equipped with exterior rearview mirrors on the right and left sides of the vehicle;

 

Must not be tinted to the extent that luminous transmittance is reduced to less than 70 percent. Any after market tinting material applied in these locations must be approved by the Director of Revenue and Taxation.

 

II. There is no luminous transmittance requirement for:

 

A. Windows other than those indicated in paragraph I.B above, for trucks and buses; or

 

B. The rear, windows of a truck or a bus equipped with exterior rearview mirrors on the right and left side of the vehicle.

 

Therefore, there is no approved required for any tinting of these windows.

 

Although determination of percent of luminous transmittance must be measured by instruments, a general determination can be made:

 

1. Under ordinary daylight conditions persons and objects within a vehicle are readily visible and identifiable from outside of the vehicle when viewed through any glazing material with a luminous transmittance of 70 percent or more.

 

2. Conversely, if persons or objects within a vehicle are not readily visible and identifiable when viewed through the glazing material from outside of the vehicle under ordinary daylight conditions.

 

 


 

Motorcycles

 

Contents

 

Section

Page

Registration

147

Tires

148

Wheels

149

Brakes

149

Steering Alignment and Suspension

152

Lighting and Electrical System

155

Body and Sheet Metal

 

Body, Frame and Accessory Items

160

Exhaust System

162

Fuel System

163

 

Registration

 

General Definitions - Motorcycles

 

1. Motorcycle Any motor vehicle other than a tractor, having a seat or saddle for use of the rider and designed to travel, on no more than 3 wheels in contact with the ground. Special purpose motorcycles, designed and sold exclusively for use off highway or in closed course competition events are not subject to inspection requirements.

 

2. Sidecar        An attached third wheel to either side of a motorcycle, generally for the purpose of transporting persons or property.

 

3. Longitudinal Plane of Symmetry   a. Two-wheeled motorcycle: A vertical plane that passes through the centerline of the front and rear wheels.

 

b. Three-Wheeled motorcycle:          A vertical plane that passes through the centerline of a single wheel and through the midpoint of two wheels sharing the same axis of rotation.

 

4. Curb Weight           The weight of a vehicle with standard equipment, maximum capacity of engine fuel, oil, and coolant, but without passengers or cargo.

 

5. Gross Axle Weight Rating (GAWR)         The value specified by the vehicle manufacturer as the load-carrying capacity of a single axle system as measured at the tire-ground interfaces.

 

6. Gross Vehicle Weight Rating (GVWR) The specific value specified by the manufacturer as the loaded weight of a single vehicle.

 

General Instructions

 

1. Follow the inspection procedure on page 164 for Passenger Vehicles.

 

2. Note the motorcycle license plate mounting location given below:

 

The license plate bracket should be mounted on the rear of the motorcycle so the plane of the plate, is vertical when the vehicle is standing in its upright operational position.

 

Tires

 

Definitions

 

1. Rim The metal support for a tire or a tire and tube assembly upon which the tire beads are seated.

 

2. Bead            That part of a tire made of steel wires, wrapped or reinforced by ply cords and shaped to fit the inner edge of the rim.

 

3. Sidewall      That portion of a tire between the tread and the bead.

 

4. Cord            The strands forming the plies in the tire.

 

5. Ply   A layer of rubber-coated parallel cords.

 

6. Tread           That portion of a tire that comes into contact with the road.

 

7. Tread Rib    A tread section, running circumferentially around a tire.

 

8. Groove        The space between two adjacent tread ribs.

 

Tools and Equipment

 

1. Tread depth measuring gauge.

 

Procedure

Reject Vehicle If:

A. Inspect for tire wear.

A.

1. Tires without tread wear indicators. (Tread measurement shall not be made where tie bars bumps or fillets are located.)

1. Tire is worn so that less than 1/32 inch tread remains in any groove at three locations equally spaced around the circumference of the tire, at least one of which shall be at the point where the tread is thinnest.

2. Tires with tread wear indicators.

2. Tire is worn so that tread wear indicators show a tread depth of 1/32 inch or less remains in any groove at three locations equally spaced around the circumference of the tire.

B. Inspect for cord exposure.

B. Any part of the cord or ply is exposed.

C. Inspect for tread cuts, snags, or outside wall cracks.

C. Any tread or sidewall cracks, cuts, or snags deep enough to expose any of the body cords.

D. Check sidewall labeling or markings.

D. Tire labeling or markings such as; “Not for highway use,” “For racing purposes only,” or “Unsafe for highway use.”

E. Inspect for bumps, bulges or knots.

E. Tire has visible bumps, bulges, or knots indicating partial failure or separation of the tire structure.

F. Inspect for regrooved or recut tires.

F. Any tire has been regrooved or recut.

 

Wheels

 

Definitions

 

1. Spokes        The rods or braces that connect the hub and the rim of a wheel.

 

Procedure

Reject Vehicle If

A. Inspect wheel bolts, nuts, studs and lugs.

A. Any wheel, bolts, nuts, studs, or lugs are loose, missing or damaged.

B. Inspect for wheel damage.

B. Any part of the wheel is bent, cracked, rewelded, or damaged so as to affect safe operation of the vehicle. (Advise driver if dust caps on valve stems are missing.)

C. Inspect for trueness.

C. Measured at edge of rim, wheel has eccentricity or wobble in excess, of 3/16 inch (5 mm.).

 

Brakes

 

Definitions

 

1. Braking Distance    The distance travelled by a motorcycle from the point of application of the force to the brake control to the point at which the motorcycle reaches a full stop.

 

2. Brake System         A combination of one or more brakes and their related means of operation and control.

 

3. Brake Service System        A brake system used for retarding, stopping and controlling the motorcycle braking under normal operating conditions. Brake service system shall incorporate braking capability on all wheels except sidecar if so equipped.

 

4. Brake Control Reserve       The amount of brake control left in reserve when the brake control is actuated to the brake fully applied position. Note: The purpose of the brake control reserve check is to ascertain the degree of the brake adjustment and to demonstrate satisfactory brake actuation system condition.

 

5. Split Service Brake System                       A brake system consisting of two or more sub-systems actuated by a single control, designed so that a leakage-type failure of a pressure component in a single subsystem (except structural failure of a housing that is common to all sub-systems) shall not impair the operation of the other subsystem(s).

 

6. Hydraulic Brake System    A brake system in which the brakes are applied hydraulically. This may incorporate mechanical subsystems.

 

7. Mechanical Brake System A brake system in which the brakes are applied by mechanical means, through the use of cables and linkage only.

 

Comment: Motorcycles M-IV-1 3 [Definition 3]

 

This definition implies that a dual braking system is required on all motorcycles. Territory of Guam Ordinance allows motorcycles to be equipped with a rear wheel brake only.

 

Response: The Brake Service System definition will be changed to indicate that a .braking capability is required on all wheels that were originally so equipped. Brakes on both front and rear motorcycle wheels have been standard for many years. Such brakes have been required on all motorcycles manufactured on and after September 1, 1973 by Federal regulation. It is not believed that the intent of the Territory of Guam Ordinance is to permit a reduction in the safety capability of motorcycles but rather states a requirement relating to an obsolete industry practice.*

 

* So in original.

 

8. Brake Drum                        The cylindrical, rotational member of a drum brake assembly acted upon by the friction material.

 

9. Brake Disc or Rotor           The parallel-faced circular rotational member of a disc brake assembly acted upon by a friction material.

 

10. Parking Brake       A friction type brake with a solely mechanical means to retain engagement. Required only on three-wheeled motorcycles.

 

Tools and Equipment

 

1. Measuring device, steel gauge or scale.

 

Procedure

Reject Vehicle If

A. Mechanical Brake System. Initiate inspection of linkage, cables, pivots, and bearings for high friction, wear and broken parts.

A. Mechanical Brake System.

1. There is an angle greater than 110° between the cam operating lever and the actuating cable or rod in the fully applied position.

2. It is determined the cam operating lever has been repositioned on the shaft as a means of avoiding replacement of worn cam, worn shoes or worn lining.

3. Any cables are frayed. (One broken strand.)

4. Brake adjusters do not have means to be locked.

5. Front brake cable routed to be pinched between fork and frame

6. Levers and pedals are not free to return.

7. The hand or foot brake levers do not have at least one third of their travel as reserve after the brakes are normally applied.

8. Modifications which make the pedal inaccessible for adequate leverage and safe operating conditions.

9. Brake adjustment changes with fork extended (loaded).

B. Condition of Mechanical Components.

1. Inspect for worn pins and missing or defective cotter pins.

2. Inspect for broken or missing springs and worn cables, clevises, couplings, rods and anchor pins.

3. Inspect for frozen, rusted or inoperative connections, missing spring clips and defective grease retainers.

4. Inspect pedal shaft and bearings for high friction, wear and misalignment.

5. Inspect for restriction of shoe movement at backing place and for bind between brake shoes and anchor pins

 6. Inspect actuating cam for excessive wear, camshfat for looseness in backing plate bushing and determine that springs are of sufficient strength to return and hold shoes against cam.

B. Condition of Mechanical Components.

1. Mechanical parts are missing, broken or badly worn.

2. There is excessive friction in pedal and linkage or in brake components.

3. Pedal levers are improperly positioned or misaligned.

C. Hydraulic System. Visually inspection condition of hydraulic system.

1. Inspect hydraulic for leaks, cracks, chafing, flattened or restricted sections and improper support.

2. Inspect master cylinder for leakage and fluid level.

3. Inspect master cylinder push rod for improper adjustment.

4. Inspect wheel cylinders or hydraulic brake actuating systems.

C. Hydraulic System

1. Hoses or tubing leaks or they are cracked, chafed, flattened, restricted or are insecurely fastened.

2. Master cylinder leaks, or the fluid level is less than the minimum level as specified by the manufacturer. (Advise driver if fluid level in-master cylinder, is below the normal amount as specified by the manufacturer, brake system should be checked for possible leaks.)

3. Push rod adjustment fails to meet the recommended tolerances of the manufacturer. 4.

a. Any leakage is noted in braking system.

b. Wheel cylinder leaks.

D. Condition of Linings and Pads

1. Bonded Linings (Refer to Passenger Vehicles, Section (3), Item A1.)

2. Riveted Linings (Refer to Passenger Vehicles, Section (3), Items A2; a, b, and c.)

3. All Linings (Refer to Passenger Vehicles, Section (3), Item 4.)

4. Pads (Disc Brakes) (Refer to Passenger Vehicles, Section (3), Item 5.)

D. Condition of Linings and Pads

1. Bonded Linings (Same criteria as for Passenger Vehicles, Section (3), Item A1.)

2. Riveted Linings (Same criteria as for Passenger Vehicles, Section (3), Items A2; a, b, and c.)

3. All Linings (Same criteria as for Passenger Vehicles, Section (3), Item 4.)

4. Pads (Disc Brakes) (Same criteria as for Passenger Vehicles, Section (3), Item 5.)

E. Brake Drums and Rotor (Refer to Passenger Vehicles, Section (2), Items A1 through 4.)

E. Brake Drums and Rotor (Same criteria as for Passenger Vehicles, Section (2), Items A1 through 4.)

F. Brake Discs (Refer to Passenger Vehicles, Section (2), Items B1 through 3.)

F. Brake Discs (Same criteria as for Passenger Vehicles, Section (2), Items B1 through 3.)

G. Brake Performance

1. At a speed of 20 mph. on a surface which is dry and level and free from loose material the brakes are required to stop the motorcycle within 25 feet.

G. Brake performance

1.

a. The motorcycle fails to stop within 25 feet.

b. Either brake does not indicate adequate braking performance.

 

C. Inspection of the Condition of the Components of the Braking Mechanism:

 

The service brakes of the vehicle will be checked for excessive pedal or handle travel by parking the vehicle on a flat surface and depressing the brake pedal or handle to the brake-applied position. Causes for Rejection: Excessive pedal or handle travel to the brake-applied position.

 

D. Inspection of Performance of the Braking Mechanism:

 

The performance of the service brake system will be checked by testing the operation of the brakes by accelerating the vehicle and applying the brakes. Conduct the test on a substantially level, dry, smooth and hard surface that is free from loose material, oil or grease. Accelerate the vehicle until it reaches a speed of from 4 to 8 miles per hour on a substantially level, dry, smooth and hard surface that is free from loose material, oil or grease and apply the brakes so as to stop the vehicle in the shortest possible distance. If after conducting this test, it is determined that the brakes will stop the vehicle, with capability designed for it by the manufacturer, the vehicle shall not be rejected. If there is any doubt, retest the vehicle as follows: Accelerate the vehicle until it reaches a speed of 20 miles per hour on a substantially level, dry, smooth and hard surface that is free from loose material, oil or grease, then apply the brakes so as to stop the vehicle in the shorted possible distance. Cause for Rejection: Failure of the vehicle to come to a stop from a speed of 20 miles per hour in 30 feet or less.

 

Steering Alignment and Suspension

 

Definitions

 

1. Front Fork   The front suspension assembly including the shock absorber and steering mechanism.

 

2. Handlebars: The attachments to the front fork or steering shaft, used to control steering.

 

3. Handlebar Controls, Levers, Cables          A throttle control (twist grip) is located, on the right handlebar. A front brake lever (hand pull) is located on the right handlebar. Control cables normally attach the throttle control to the carburetor, and the hendlebar* levers to mechanical front brakes and the clutch. Fluid tubes are used in the case of hydraulic front brake in lieu of cable attachment. Classics or antiques may not be equipped accordingly. Rear brake controls may be located on the left handlebar if the motorcycle is equipped with an automatic cluth*. Motorcycles equipped with self-proportioning or anti-lock devices, may have a single brake control operated by the right foot.

 

* So in original.

 

4. Handlebar Mounts  The method of attaching the handlebars to the forks or steering shaft, clamping to fork legs or to the top fork lug; by use of “U” bolts, clamps, or rubber mounted brackets.

 

5. Jamming     An obstruction or stop to the movement of the handlebars up to designed steering stops.

 

6. Loaded        The condition where the front wheel of the motorcycle is on the surface, bearing its full portion of the weight of the motorcycle.

 

7. Play             Any free steering movement of the handlebars without equivalent steering movement of the front wheel.

 

8. Rake Angle (Caster Angle)            The acute angle in the longitudinal plane of symmetry between the steering head or kingpin axis and the vertical. (Not to be confused width front fork angle.)

 

9. Shock Absorbers    Energy dissipating devices which provide damping of spring or unsprung mass and relative motion; increase vehicle stability; and improve steering, handling and ride performance.

 

10. Steering Head       The top front frame head, through which the fork stem is fitted in bearings or bushes to provide the front wheel steering axis.

 

11. Steering Stops      An obstruction or stop, limiting the rotation of the front forks in either direction.

 

12. Trail          The horizontal distance between a vertical line through the front wheel axle centerline and the projection of the steering head axis measured at the tire-to-ground contact surface with the motorcycle “loaded” on a level plane.·

 

13. Wheel Plane         The central plaen* of the tire-wheel system, perpendicular to the axis or rotation.

 

* So in original.

 

Tools and Equipment

 

1. Vehicle stand or frame ack.

 

Procedure

Reject Vehicle If

A. Steering Head Bearing Adjustment

A. Steering Head Bearing Adjustment

1. Place the motorcycle on stand or frame jack with front wheel raised clear of weight-bearing contact. Grasp both the left and right fork legs at axle location, and apply alternating fore and aft force.

1. Noticeable play or roughness when fore and aft force is applied.

2. Turn handlebars slowly from side to side and visually inspect bearings.

2. Noticeable play or roughness in rotation as well as pitted bearings; also, if front fork falls to one side or the other after it has been turned at least 5 degrees off the straight ahead position.

3. Remove vehicle from center stand or frame jack and repeat Step 2, above.

3. Noticeable play or roughness is found within the steering head bearings. (Note: Drag from steering damper, if fitted, or drag from cables is not cause for rejection.)

B. Wheel Bearings

B. Wheel Bearings

1. While vehicle is on center stand or frame jack, grasp tire at top and bottom, and shake in and out or back and forth.

There is noticeable play, vibrations or wheel bearing noise;

2. Rotate wheel.

Or wheel play exceeds the manufacturer’s recommended tolerances when measured at the bead seat diameter.

C. Handlebars

C. Handlebars

1. Inspect visually all fo* the exposed areas of the handlebars.

1. Cracks, deformation, improper alignment, or excessive flexure other than flexure from rubber mounts.

2. Rotate the handlebars attached to forks from steering-stop to steering-stop.

2. Handlebars cause an obstruction that prevents rotation of fork from steering-stop to steering-stop.

3. Measure the height of the handlebars.

3. The lowest part of the handlebars is 15 inches (38 cm.) above that portion of the vehicle seat occupied by the rider.

4. Measure the width of the handlebars, and visually inspect hand grips.

4.

a. Handlebars are less than 18 inches (46 cm.) measured end to end, as mounted on the motorcycle.

b. Rubber or plastic handlebar grips do not cover the ends of the handlebars.

5. Consult manufacturer’s specifications for handlebar thickness of vehicle make and model.

5. Handlebar is not constructed of at least .060 inches thick steel tubing (1.5mm.).

D. Handlebar Controls

D. Handlebar Controls

1. Inspect throttle twist grip. (Note: Some throttles have intermediate resistance point for idle adjust.)

1. Throttle twist grip does not rotate freely from stop-to-stop,

2. Inspect clutch lever, brake lever, and all clutch and brake cables, as well as cable housing and exposed portions of inner cables.

2.

a. Control levers are loose on the handlebars, or control levers do not operate freely.

b. Outer cable housing is damaged and/or inner cables with loose ends, severe bends, kinks, or broken strands.

E. Shock Absorbers

E. Shock Absorbers

1. Visually inspect the shock absorbers, if so equipped.

1. Broken or cracked mounts.

2. Press down on vehicle over the shock absorber with full body weight.

2. Shock absorbers have no dampening effect on rebound.

3. Inspect for leakage.

3. Shock absorbers leak oil.

F. Steering Alignment

F. Steering Alignment

Visually examine front wheel to front fork tubes (Note: Motorcycles that have extended forks shall be rejected unless they are in accordance with reconstruction regulations.)

Front wheel plane is not parallel to front fork tubes, and/or front fork tubes, are bent or damaged enough to prevent full free action of front fork.

G. Rake (Caster Angle)

 G. Rake (Caster Angle)

1. Check manufacturer’s recommended specifications. (Note: Modifications or deviations shall be cause for rejection unless they are in accordance with reconstruction regulations.)

1. Modifications or deviations are beyond the manufacturer’s recommended specifications.

2. Visually examine frame at steering head. (Note: if cracks are suspected during visual inspection, a further test for cracks may be required using electromagnetic or chemical technology.)

2. Cracked frame adjacent to welded area, defective weld or structural integrity.

 

* So in original.

 

Lighting and Electrical System

 

Definitions

 

1. Headlamp System  A major lighting device and related equipment used to provide general illumination ahead of the motorcycle.

 

2. Motorcycle Headlamp Assembly  Consists of a housing with a semisealed optical unit, or a housing which has a separable bulb, lens, and reflector, and provides an upper and a lower beam.

 

3. Motorcycle Sealed Beam Headlamp Unit A sealed beam optical unit with one upper beam and one lower beam filament or a sealed-in bulb.

 

4. Motor-Driven Cycle Sealed Beam Headlamp       Consists of a housing which has a separable bulb, lens, and reflector, and provides an upper beam filament or an upper and lower beam filament.

 

5. Motor-Driven Cycle Sealed Beam Headlamp*     A sealed beam optical unit that provides a single beam filament or an upper and lower beam filament, or a sealed-in bulb.

 

* So in original.

 

6. Multiple Beam Headlamp  Incorporates an upper and low beam.

 

7. Single Beam Headlamp      Incorporates upper beam only.

 

8. Headlamp Upper Beam      A distribution of white light intended primarily for distant illumination and for use on the open highway when not meeting other vehicles.

 

9. Headlamp Lower Beam      A distribution of white light so directed as to avoid glare in the eyes of oncoming drivers while providing illumination ahead of the vehicle, and intended for use in congested areas and on highways when meeting other vehicles within a distance of 500 feet (152 meters).

 

10. Taillamps  Lamps providing red colored illumination to designate the rear of a vehicle.

 

11. Stoplamps             Lamps giving a steady red warning light to the rear of a motorcycle, to indicate that vehicle brakes are being applied. Stop lamps are activated automatically upon application of the rear brake.

 

12. License Plate Lamps        Lamps providing white illumination for the license plate on the rear of a vehicle.

 

13. Turn Signal Lamps           Lamps that provide a flashing warning light to indicate the intended direction of a turn, to others in the front or rear of the motorcycle. Yellow toward front of vehicle; red or yellow toward rear.

 

14. Reflective Devices           Devices used on vehicle to give an indication to an approaching driver by reflected light from the headlights of approaching vehicle. Those at or near the rear of the vehicle are red in color, all others are yellow in color.

 

15. Indicator Lamps   Lamps visible to the operator of a motorcycle that indicate-

 

(a) Appropriate electrical circuits are in operation.

 

(b) Malfunction of vehicle performance.

 

(c) Requirement for remedial action of operator.

 

16 Operating Units or Switches         Devices by which the function of lamps are controlled.

 

General Instructions

 

1. Part A., Visual Check of Lamp Function, includes all original mandatory equipment, exterior lighting, plus whatever lights have been added. If the vehicle is equipped with a lamp, it should work properly.

 

2. On vehicles without batteries the engine should be run at high idle speed to perform lighting tests.

 

3. All lamps and reflectors should be of the type approved for use by the Motor Vehicle Division.

 

4. If only one inspector is checking, large mirrors may be placed so that all lamps may be observed from driver’s position.

 

Procedure\Reject Vehicle If

 

A. Visual Check of Lamp Function

A. Visual Check of Lamp Function

1. Switch on the night driving lights and visually check the following: (Steps a and b should be conducted with ignition switch on.)

1. Any bulb or sealed beam unit fails to light.

a. Actuate turn signal, switch to right and left, and observe function of turn signal lights. (If vehicle is so equipped.)

2. Turn signals do not properly indicate right and left when switched.

b. Actuate the headlamp upper beam and observe the indicator lamp.

3. Lamp or reflector shows color contrary to law.

c. Observe function of stop lamps, tail lamps, parking lamps, reflex reflectors.

4. Any lamp fails to light the proper filament indicated at switch position.

(Note: Refer to Appendix A, following this section for Required Motorcycle Lighting Equipment, Color, Location and Height.

5. Any lamp or reflector does not direct light properly.

 

6. Auxiliary equipment is placed on, in, or in front of any lamp or interferes with necessary visibility width.

 

7. Lamp assembly improperly secured.

 

8. Headlamp output is insufficient to make persons and objects visible at 500 feet (152 meters).

 

9. Headlamp high beam indicator lamp fails to function properly.

B. Headlamp Testing Preparation

B. Headlamp Testing Preparation

1. Rock vehicle to free and equalize suspension and check visually for equal tire inflation.

Vehicle headlamp does not comply with mounting requirement.

2. Aim with rider in the saddle.

(See Appendix A, following this section.)

3. Clean lenses.

 

4. Check for approved type headlamp. One lamp is required; not more than two are permitted. Quartz-iodide or halogen type lamps are not permitted.

 

5. Determine if lamp is mounted properly; the minimum height being not less than 24 inches (61 cm.), nor more than 54 inches (137 cm.) above the road surface.

 

C. Headlamp Aim Adjustment

C. Headlamp Aim Adjustment

1. Beams shall be inspected for specific aim by using one of the following methods: a. Approved screen, placed 25 feet (8 m.) in front of the headlamp; or b. Approved headlamp testing, machine.

1. Light output is not sufficient to make persons or objects visible at 500 feet (152 m.). Headlamp output less than 5,000 beam candlepower on low beam. Beam indicator is not operating.

2. Adjust lamp until hot spot on high beam is dropped horizontally as follows. a. Double filament lamp: 3 inch drop (high beam) at 25 feet (8 m.).

2. Proper adjustment cannot be made or maintained.

D. Additional Required Lighting Equipment

D. Additional Required Lighting Equipment

Inspect for operation, mounting, location, color, visibility, safe condition, wiring and switching of the following approved, required lighting equipment:

1. Any lamp or reflector fails to function, is improperly mounted, or fails to comply with the requirements in Appendix A, following this section.

1. Tail Lamp(s).

2. Tail lamp(s) are not visible in normal atmospheric conditions at night from 500 feet (152 m.) to the rear. (Vehicles manufactured after Jan. 1, 1969, must be visible for 1,000 feet (305 m.)).

2. Stop Lamps.

3. Stop lamp(s) are not clearly visible under all conditions of lighting, including bright sunlight when tail lamps are illuminated.

3. License Plate Lamp.

4. Stop lamp(s) are not visible from 300 feet (91 m.) to the rear, or cannot be activated by separate application of front and rear brake on vehicles manufactured after Jan. 1, 1969.

4. Rear Reflector(s).

5. License plate lamp is not visible under normal atmospheric conditions at night from 50 feet (15 m.) to the rear, or does not activate by the same circuit which activates the headlamps.

5. Side Reflectors (Only required on vehicles manufactured on Jan. 1, 1968.)

 

 

Appendix A

Required Motorcycle Lighting Equipment, Color, Location and Height

 

Item/Color

Location on Vehicle

Height Above Surface Measured from Center of Item of Vehicle at Curb Wght*

Headlamps/1 White

On the front and on the vertical centerline, except that if two are used, they shall be symmetrically disposed about the vertical centerline.

Note* less than 24 inches (61 cm.) nor more than 54 inches (137 cm.)

Taillamps/1 Red

On the rear and on the vertical centerline except that if two are used, they shall be symmetrically disposed about the vertical centerline.

Not less than 15 inches (38 cm.), nor more than 72 inches (83 cm.).

Stoplamps/1 Red

On the rear and on the vertical centerline except that if two are used, they shall be symmetrically disposed about the vertical centerline.

Not less than 15 inches (38 cm.), nor more than 72 inches (183 cm.).

License Plate Lamp/1 White

At rear license plate.

No requirement

Reflex Reflectors/3 Red, 2 amber

On the rear - 1 red on the vertical centerline except that, if two are used on the rear, they shall be symmetrically disposed about the vertical centerline. On each side - 1 red as far to the rear as practicable, and 1 amber as far to the front as practicable.

Not less than 15 inches (38 cm.), nor more than 60 inches (152 cm.).

Turn Signal Lamps/2 Class B Amber; 2 Class B red or amber.

At or near the front - 1 amber on each side of the vertical centerline at the same height, and having a minimum horizontal separation distance (centerline of lamps) of 16 inches (40 cm.). Minimum edge to edge separation distance between lamp and headlamp is 4 inches (10 cm.). At or near the rear - 1 red or amber on each side of the vertical centerline at the same height and having a minimum horizontal separation distance (centerline to centerline of lamps) of 9 inches (23 cm.). Minimum edge to edge separation distance between lamp and tail or stop lamps is 4 inches (10 cm.).

Not less than 15 inches (33 cm.), nor more than 33 inches (211 cm.).

 

* So in original.

 

Vehicle Glazing

(Windshields or Windscreens)

 

A. Vehicle Glazing

A. Vehicle Glazing

Windshields or windscreens are not required, but if installed inspect for cracks, discoloration or scratches that create a serious vision obstruction. They must be mounted so the driver’s vision is not obstructed when he is seated on the driver’s saddle. They must also be of an approved type in compliance with Federal Motor Vehicle Safety Standard No. 205, Glazing Material, 1 April 1973 as amended.

1. Windshield or windscreen obstructs the driver’s vision when he is seated on the vehicle saddle.

2. Any support or stiffener device is mounted in the driver’s line of vision.

3. Glazing is not of the approved type.

4. Cracks, discoloration or scratches that create an obstruction.

 

Body, Frame and Accessory Items

 

Definitions

 

1. Sprocket and Chain                        A means by which motive power is transferred from the transmission to the rear wheel (except on models fitted with a shaft or pulley and belt drive).

 

2. Chain Guard           A guard shield protecting the operator or passenger from the chain.

 

3. Fenders or Mudguard         A shield over the wheels to protect the rider and passenger from foreign objects thrown by the centrifugal force of the tire.

 

4. Stand           A center stand or side designed to allow motorcycle to stand alone.

 

5. Frame          The basic structural component to which the other components are attached.

 

6. Swing Arm When fitted, the swing arm asix is located at the lower rear portion of the frame. The swing arm extends rearward and is attached to the rear wheel spindle. Shock absorber(s) are generally fitted between the swing arm and the main frame.

 

7. Rigid Rear Frame Hardtail When fitted, the rigid rear section attaches to the rear portion of the frame, and extends rearward. The rear wheel spindle is attached to the rear frame. No shock absorbers are fitted; however, certain frames include a “spring” mounting.

 

8. Accessory Items     Such items include, but are not limited to: luggage racks, carriers, backrests, sissy bars, highway bars, safety bars, trailer hitches.

 

Tools and Equipment

 

1. Center stand or frame ack.

 

Procedure

Reject Vehicle If:

A. Body Items

A. Body Items

Check for required body items, defective or dislocated parts, and parts projecting from the vehicle on: Seat, Engine Mounting Frame, Side or Center Stand, Chain and Chain Guard, and Fenders.

1. Seat

 

a. Seat is improperly, or insecurely attached. Seat locking device not functioning where applicable.

 

2. Engine Mounting Frame

 

a. Engine mounting frame or brackets cracked or broken.

 

3. Side or Center Stand

 

a. Side or center stand when placed in the stored position will not remain in that position.

 

b. The side or center stand is cracked or broken, or apparent structural weakness is present, which could result in collapse.

 

c. Side or center stand is held in the stored position by the use of any of the following: locking wire; rubber band; or other method which would not insure that the stands would remain secured in stored position.

4. Chain Guard

4. Chain Guard

Motorcycles, if originally equipped, must be provided with a chain guard, or other suitable device, which is the equivalent of the original device.

The chain guard, or other device, is missing (if originally equipped) broken, cracked, or is not the reasonable equivalent of the original device.

5. Fenders

5. Fenders

Check to determine if the fenders are properly mounted and that there are no cracks, broken areas, bends or sharp edges present.

a. Fenders are missing, improperly mounted, cracked, bent, or if sharp edges are exposed. b. Fenders do not meet with approval of the Territory of Guam.

B. Frame

B. Frame

1. Examine the vehicle frame and the swing arm or rigid rear frame in all areas which would not require the disassembly of any frame components.

1.

a. Cracks, welds, fatigue points, work hardening, flexure is discovered which would indicate that the motorcycle frame has suffered structural damage and constitutes a hazard to the rider and any passenger.

b. Frame is damaged so as to cause misalignment of the wheels in either vertical or longitudinal planes.

2. Swing Arm Bushing, Bearing, or Rubber Mount

2. Swing Arm Bushing, Bearing, or Rubber Mount

a. Examine the swing arm bushing, bearing or rubber mount for wear or abnormal looseness while vehicle is on a center stand or frame jack.

a. Bearing or bushing found to have noticeable play or binding.

b. Check for lateral play at axis.

b. Any play in excess of .015 inches (4mm.).

C. Accessory Items

C. Accessory Items

Visually check components for secure mounting, cracks, breaks, or sharp points that present a hazard to the operator or passenger.

1. Accessory items interfere with, obstruct, or prevent proper use of any control, component or system required for operation of the vehicle.

2. Accessory items have sharp, jagged edges, pointed bars or rod ends.

 

Exhaust System

Definitions

 

1. Exhaust System      ·Includes all components and piping extending from the exhaust manifold to .the point of exhaust discharge.

 

Procedure

Reject Vehicle If:

A. Examine the exhaust system visually for leaks and cracks.

A.

1. There are loose or broken joints, or areas where corrosion or rust has eaten through the device.

2. Excessive leakage exists.

B. Check the exhaust system components to see that they are properly mounted and that the supporting brackets are securely in place on the motorcycle.

B. Exhaust system is improperly mounted.

C. Inspect for unshielded protrusions or any portion of the exhaust system mounted higher than the lowest part of the passenger seat pan. (Advise driver if baffle(s) are heavily plugged with carbon and oil.)

C.

1. Heat shielding not sufficient to protect rider and passenger when in normal seating position from contact with hot surfaces during operation.

2. Any portion of an exhaust system protrudes in a manner which may burn the rider, passenger when in normal seating position.

3. Any portion of an exhaust system is mounted higher than the lowest portion of the passenger seat pan.

4. Baffle removed from the muffler.

5. Replacement exhaust equipment is not the reasonable equivalent of the original exhaust system.

6. Muffler has been modified, a portion of the muffler has been cut off, or pipes directed to side above 2 feet from the roadway.

7. Any type of cutout of bypass of the standard muffler.

 

Fuel System

 

Definitions

 

1. Fuel System                        Includes all components and piping extending from and including the fuel tank filler cap to the carburetor or injection nozzles.

 

Procedure

Reject Vehicle If:

A. Visually examine the fuel tank, fuel tank supporting, brackets and hardware, fuel tubing, clamps, vent hoses, fuel tank cap, fuel valve on/off, fuel filter and carburetor.

A.

1. Any part of system is not securely fastened.

2. There is fuel leaking at any point in system.

3. Fuel tank cap is missing.

4. There is physical damage to any of the components. (Advise driver if contaminated fuel or fuel filter is discovered.)

 


 

Passenger Vehicles

Table of Contents

 

Section

Page

Registration

164

Tires

164

Wheels

168

Brakes

169

Steering Alignment and Suspension

179

Lighting and Electrical System

193

Body and Sheet Metal

 

Vehicle Glazing

200

Exhaust System

212

Fuel System

214

 

Registration

 

General Instructions

 

1. The first step in the inspection of a vehicle should be a review of the registration certificate.

 

Procedure

Reject Vehicle If:

A. Agreement among Papers

A. Agreement among Papers

Inspect registration certificate, license plates, vehicle description, and vehicle identification number (VIN). Compare to determine if there is proper agreement among them.

1. The registration certificate is not available.

 

2. Vehicle description or identification is not in agreement with registration certificate.

 

3. Numbers on license plates are not in agreement with numbers on registration certificate.

B. Plate Mounting and Condition

B. Plate Mounting and Condition

Inspect license plates to see that they are securely mounted, clean, legible and clearly visible.

1. License plates are missing.

 

2. License plates are loosely mounted or improperly located.

 

3. Plates are obscured so that the numbers cannot be identified.

 

 

Tires

 

General Instructions

 

1. The safest condition exists when all tires:

 

a. Are of the same size and type.

 

b. Have the same tread pattern and approximately equal tread depth.

 

c. Are not underinflated. (Tire pressure should not be less than that specified for the load on the tire, nor more than the maximum specified for the tire.)

 

2. Tires on each axle must be of the same type of construction; either all bias ply, or all belted bias ply, or all radial ply.

 

3. Tires on each axle must have the same or equivalent size designation.

 

4. When tires of different types or sizes are installed on a vehicle.

 

a. The largest sized tires must be installed on the rearmost axle.

 

b. Radial ply tires must be installed on the rearmost axle with any belted bias ply or bias ply tires installed on the forward axle(s).

 

c. Belted bias ply tires must be installed on the rearmost axle with any bias ply tires installed on the forward axle(s).

 

5. The following types of tires must not be used:

 

a. Tires marked “For farm use only,” “Off-highway use only,” “For racing use only,” and other tires designed and marketed for other than highway use by the manufacturer.

 

b. Tires that are not marked with a standard automotive size designation.

 

c. Tires that do not have a highway-type tread design of ribs and grooves around the tire in the plane of rotation. Mud and snow tires designed for highway use are permitted, but the use of metal studs in these tires is prohibited.

 

6. The installation and inspection of spare tires is recommended, but not required. Spare tires should meet the requirements of tires in use on the wheels of the vehicle.

 

Tools and Equipment

 

1. Tire tread depth gauge for tire wear inspection.

 

2. Tire pressure gauge for checking tire pressure.

 

3. Blunt probe for inspecting tire tread or sidewall cuts.

 

4. Flashlight and/or work light for examining inboard sides of tires.

 

Definitions

 

1. Bead            The inside edges of the tire made of steel wires wrapped or reinforced by ply cords and shaped to fit the rim.

 

2. Belt             Layer(s) of fabric or other material within the tire body under the tread.

 

3. Cord            Strands (cotton, nylon, polyester, etc.) forming the plies in the tire.

 

4. Groove        The space between two adjacent tread ribs.

 

5. Ply   A layer of rubber-coated parallel cords.

 

6. Rim             The outside edge of a wheel or a separate metal device upon which the tire beads are seated.

 

7. Sidewall      That portion of the tire between the tread and bead.

 

8. Tread           That portion of the tire that is designed to contact the road surface.

 

9. Tread Rib    A ridge of tread material separated by grooves.

 

10. GVWR      Gross Vehicle Weight Rating - The weight of the vehicle plus its load carrying capacity in pounds (or kilograms). This rating is specified by the manufacturer on all vehicles assembled since 1969.

 

Figure 1

 

Procedure

Reject Vehicle If:

A. Visually inspect for tire wear.

A.

1. Tires without tread wear indicators.

1. Tire is worn so that less than 2/32 inch tread remains when measured in any two adjacent major grooves at three locations space approximately equally around outside of tire.

2. Tires with tread wear indicators.

2. Tire is worn so that the tread wear indicators contact the road in any two adjacent major grooves at three locations spaced approximately equally around the tire.

B. Inspect for cuts, snags, or cracks in tread or sidewalls.

B. Tire has cuts, snags or cracks in excess of one inch in any direction, and deep enough to expose cords.

C. Inspect for bumps, bulges or knots in tread of sidewalls.

C. Tires has bumps, bulges or knots indicating partial failure or separation of the tire structure.

D. Inspect for regrooved or re-cut tires.

D. Tire has been regrooved or re-cut below original groove depth, except special tires which have undertread rubber for this purpose and are marked as such.

E. Inspect for mismatching of tires.

E.

1. Tires mounted on the same axle.

1. Tires of different size or types are mounted on the game axle. (Refer to General Instructions, Nos. 2 and 3.)

2. Location of mixed sizes or types.

2. The type is mounted in an improper location of the size or type when mixed sizes are installed on the vehicle. Refer to General Instructions, No. 4.

Note: Differences in brand name or tread design are not cause for rejection.

F. Inspect for tire size.

F. Any mounted tire:

 

1. Has a load capacity less than that required by the GVWR of the vehicle.

 

2. Is on a rim of improper width.

 

3. Can touch or rub on any other part of the vehicle.

G. Visually inspect for:

G. Any mounted tire:

1. Restricted use markings on tire.

1. Is marked “For farm use only,” “Off-highway use only,” “For racing use only,” etc.

2. Standard automotive size marking on tire.

2. Is not marked with a standard automotive size designation.

3. Highway-type tread design.

3. Does not have a highway-type tread design.

4. Metal studs in the tire tread.

4. The tread of any tire is equipped with metal studs. (Refer to General Instructions, No. 5)

 

Wheels

 

General Instructions

 

1. Wheels are inspected for security of mounting and condition of the wheel, rim, spokes, wheel nuts, knockoffs and lug bolts or nuts.

 

2. The vehicle owner or driver should be advised if either the lateral or radial runout is near the maximum limit indicating the possible need for wheel replacement of straightening.

 

Tools and Equipment

 

1. Flashlight and/or work light for examining inboard sides of wheels.

 

2. Wheel runout gauge or dial indicator to measure lateral and radial runout.

 

3. Vehicle hoist, or jack and stands to raise vehicle during wheel runout inspection.

 

4. Mallet to check for loose wheel knockoffs.

 

5. Screwdriver for checking wire wheel spokes.

 

 

Definitions

 

1. Runout        A non-true or wobbling effect when a round object is turning.

 

2. Lateral Runout        Variation from a perfectly vertical plane of rotation.

 

3. Radial Runout         Variation from a perfect circle around the bead seat of the rim.

 

Procedure

Reject Vehicle If:

A. Visually inspect wheel bolts, nuts or lugs.

A. Wheel bolts, nuts, studs, or lugs are loose, missing, severely worn, rusted or damages so that they cannot be remounted, tightened or safely used.

B. Inspect for wheel damage.

(On wire wheels run screwdriver handle around spokes, clockwise and counter clockwise, to check for broken or loose spokes.)

B.

1. Any part of wheel is bent, cracked, repaired by welding or brazing, damages, or has elongated bolt holes which would effect safe operation of the vehicle.

 

2. Any wheel knockoff is broken or cracked.

 

3. Spokes of wire wheels are loose, bent or broken.

C. Inspect rims and rings.

(Check for evidence of rim slippage - this is an indication of wear or loose nuts.)

C.

1. Rims and rings are mismatched, bent, sprung, or otherwise damaged.

 

2. Lockrings or side rings are cracked, bent, or improperly installed on two and three piece wheels.

D. Inspect all wheels for radial and lateral runout, using a wheel runout gauge or dial indicator according to manufacturer’s instructions.

D. Any wheel has a radial or lateral runout which exceeds 1/8 of an inch.

E. Inspect wheel nuts or hub caps for winged projections. (Vehicles manufactured after January 1, 1968.)

E. Any wheel nut, hub cap or wheel cover has winged projections.

 

Wheels*

* So in original.

 

General Instructions

 

1. There are seven brake inspection procedures in this section.

 

(1) Hydraulic System

 

(2) Drums and Rotor Discs

 

(3) Linings and Pads

 

(4) Mechanical Linkage

 

(5) Vacuum System

 

(6) Parking Brake

 

(7) Service Brake Performance

 

Tools and Equipment

 

Tools and equipment, if required, will be listed above each separate inspection procedure.

 

1. Brake System         A combination of one or more brakes and their related means of operation and control.

 

2. Deceleration           The rate of reduction of the speed of the vehicle expressed in feet per second per second (psps).

 

3. Emergency Brake System  A brake system provided to slow and stop the vehicle in the event of a malfunction in the service brake system. (This function may be performed by the parking brake system or by a portion of the service brake system, or by a separate brake system.)

 

4. Pedal Reserve         As applied to hydraulic, mechanical or power-assisted hydraulic brakes, this is the amount of total pedal travel left when the pedal is depressed to the brake-applied position. (The purpose of the pedal reserve check is to ascertain the degree of the brake adjustment and to demonstrate satisfactory brake actuating system condition.)

 

5. Parking Brake System        A brake system used to hold and maintain a vehicle in a stationary position. (A positive mechanical means is used to hold the brake in the applied position.)

 

6. Service Brake System        A brake system provided to slow and stop the vehicle under normal operating conditions.

 

7. Stopping Distance  The distance traveled by a vehicle from the point of application of force to the brake control to the point where the vehicle stops.

 

(1) Hydraulic System

 

Notes for Inspectors

 

1. Failure Indicator Lamp.

 

a. Every new passenger car manufactured after January 1, 1968, is equipped with a brake system failure indicator lamp.

b. The warning light ususally* serves a dual prupose* as the hydraulic system failure indicator and as the parking brake warning light. It will illuminate whenever the parking brake is applied and the ignition is on.

c. The operating condition of the brake warning light must be tested to make sure the light will illuminate in case of hydraulic failure.

 

* So in original.

 

2. During the pedal reserve test advise the vehicle owner or driver when less than 2/5 (40%) of the total available pedal travel remains.

 

Tools and Equipment

 

1. Ruler or scale for measuring pedal height and travel.

 

2. Vehicle hoist or jack and stands to raise vehicle during wheel cylinder inspection.

 

3. Wheel removal tools:

 

Procedure

Reject Vehicle If:

A. Brake Hydraulic System Leakage Test

A. Brake Hydraulic System Leakage Test

1.

a. Apply parking brake.

b. On vehicles with power brakes, start and idle engines.

c. On vehicles without power brakes, turn ignition switch on.

d. Verify brake warning lamp operation.

1. The brake warning light is burned out, missing or does not illuminate (Passenger cars manufactured after January 1, 1968.)

2.

a. Release parking brake.

b. Apply a moderately heavy force (125 lbs.) to brake pedal and hold for 10 seconds.

c. Note any decrease in pedal height.

d. Note whether brake warning light illuminates.

2.

a. Brake pedal height decreases perceptibly when force is applied.

b. Light comes on when brake pedal is depressed.

B. Pedal Reserve Test – This test is not required for vehicles equipped with full-power (central hydraulic brake systems, or those with brake systems designed to operate with greater than 80% pedal travel.)

B. Pedal Reserve Test

1.

a. Measure the distance (A) from the free pedal position to the floorboard or other object that restricts brake pedal travel.

b. Depress brake pedal under moderate foot force (50 lbs. in non-powered systems and 25 lbs. in power assisted systems), and measure the distance (B) from the depressed pedal position to the floorboard or other object that restricts pedal travel.

c. Determine the percentage as ((A-B)/A) x 100.

(The engine must be operating when power-assisted brakes are checked.)

1. When the brake pedal is fully depressed, the distance that the pedal has traveled from its free position exceeds 80% (4/5) of the total distance from its free position to the floorboard or other object that restricts pedal travel.

C. Hydraulic System Visual Inspection

(Step 1.a. of this procedure is done prior to hoisting vehicle.)

C. Hydraulic System Visual Inspection

1.

a. Inspect master cylinder reservoir fluid level. Be sure no dirt gets into reservoir and that the filler cap gasket is serviceable.

b. Inspect master cylinder for leakage. Check exterior of cylinder, mounting, pushrod dust cover and surrounding area for leakage.

1.

a. The fluid level is less than one-half (1/2) of total capacity.

b. There is evidence of leakage on the exterior of the master cylinder, mounting or surrounding area.

2. Raise vehicle and remove wheels (as required) to inspect wheel cylinders and caliper pistons for leakage.

2. Wheel cylinders or caliper pistons leak.

3. While vehicle is hoisted inspect hydraulic hoses and tubes for leaks, cracks, chafing, flattened or restricted sections, and improper support.

(This inspection may be conducted at the same time as drums and rotor discs, linings and pads which require hoisting vehicle and wheel removal.)

3. Hoses or tubing leak, or are cracked, chafed, flattened, restricted or are insecurely fastened.

 

(2) Drums and Rotor Disc

 

Notes for Inspectors

 

1. Since January 1, 1971, manufacturer’s maximum recommended inside drum diameters have been stamped on the drum. Also, since January 1, 1971, manufacturer’s minimum recommended disc thicknesses have been stamped on the disc.

 

2. On drum-shoe type brakes at least one front brake assembly shall be sufficiently disassembled to permit the inspection of the drum interior, the lining, the shoes and the actuating mechanism.

 

3. On disc-pad type brakes at least one front brake assembly shall be sufficiently disassembled to permit the inspection of the rotor disc and the pads.

 

Tools and Equipment

 

1. Vehicle hoist or jack and stands for visual inspection of drum or rotor discs.

 

2. Wheel removal tools.

 

Procedure

Reject Vehicle If:

A. Brake Drums (The vehicle must be on a hoist or jack and stands and the brake unit partially disassembled during this inspection.)

A. Brake Drums

1. Inspect the condition of the drum friction surface for substantial cracks extending to the open edge of the drum. (Short hairline heat check cracks should not be considered.)

1. There are substantial cracks on the friction surface extending to open edge.

2. Inspect for cracks on the outside of the drum.

2. There are external cracks.

3. Inspect for damage and extreme wear. Measure as required.

3. Brake drum is scored, deeply grooved, distorted, out of round, bellmouthed, or worn beyond manufacturer’s recommended limit or diameter stamped on drum.

4. Inspect for contaminated friction surface.

4. Friction surface is contaminated with oil, grease or brake fluid.

B. Brake Rotor Discs (The vehicle must be on a hoist or jack and stands and the brake unit partially disassembled during this inspection.)

B. Brake Rotor Discs

1. Inspect for substantial cracks extending to edge of rotor disc.

1. There are substantial cracks extending to the edge.

2. Inspect for damage and extreme wear. Measure as required.

2. Rotor disc is scored, deeply grooved, or worn beyond the manufacturer’s allowable minimum or thickness stamped on the disc.

3. Inspect for contaminated friction surface.

3. Friction surface is contaminated with oil, grease or brake fluid.

 

(3) Linings and Pads

 

Notes for Inspectors

 

1. To inspect the lining on shes* or pads, the drums or wheels must be removed unless the vehicle has inspection holes in the brake drums through which the shoes can be checked.

 

* So in original.

 

2. At least one front brake unit shall be exposed for inspection of linings and pads.

 

3. Linings and pads can be inspected during the drum and rotor disc inspection which requires hoisting the vehicle and exposure of the brake fluid.

 

4. Advise driver if any lining or pad is 1/16 inch or less in thickness.

 

5. Advise driver of any extremely uneven lining wear.

 

6. On vehicles equipped with disc brakes, some drag can be felt when turning the wheel and tire. This drag is not excessive if the wheel can be turned readily with both hands.

 

Tools and Equipment

 

1. Measuring device - steel scale, gauge, or small ruler - to determine lining thickness.

 

2. Vehicle hoist or jack and stands for visual inspection of linings and pads.

 

3. Wheel removal tools.

 

Procedure

Reject Vehicle If:

A. Condition of Linings and Pads

A. Condition of Linings and Pads

1. Bonded Linings

Measure the lining thickness at the thinnest point.

1. Bonded Linings

Thinnest point is less than 1/32 inch.

2. Riveted Linings

a. Inspect for loose or missing rivets.

b. Measure lining thickness above rivet head at thinnest point.

c. Inspect for cracks and breaks.

2. Riveted Linings

a. Any rivets are loose or missing.

b. Lining is less than 1/32 inch over any rivet head.

c. There are cracks or breaks that extend to rivet holes (except for minor cracks that do not impair attachment).

3. Wire-Backed Linings

Inspect for wire showing on the friction surface of the lining.

3. Wire-Backed Linings

Wire backing is visible on the friction surface.

4. All Linings

Inspect for broken or cracked linings, and parts of linings not firmly attached to shoe. Also inspect for contamination.

4. All Linings

a. Lining is cracked, broken, or not firmly and completely attached to shoe.

b. Friction surface is soaked with oil, grease or brake fluid.

5. Pads (Disc Brakes)

Inspect thickness of friction pad.

5. Pads (Disc Brakes)

Pad is less than 1/32 inch over any rivet head.

 

(4) Mechanical Linkage

 

Notes for Inspectors

 

1. The brake hardware and structural components at the wheels must be visually inspected for wear, damage and proper installation.

 

2. These components can be inspected at the same time as drums, linings or pads which require wheel or drum removal.

 

Tools and Equipment

 

1. Vehicle hoist or jack and stands for inspection of mechanical components.

 

2. Wheel removal tools.

 

Procedure

Reject Vehicle If:

A. Condition of Mechanical Components

A. Condition of Mechanical Components

1. Inspect pins, cotter pins springs, cables, clevises, couplings, rods, anchor pins, connections, spring clips and grease retainers for:

(a) Wear;

(b) Missing Items; and

(c) Inoperative Items.

1.

a. Parts are worn to the extent that proper function is erratic.

b. Parts are missing.

c. Parts are broken or inoperative.

2. Inspect pedal shaft and bearings for binding, wear and misalignment. Inspect for restriction of shoe movement at backing plate and for bind between brake shoes and anchor pins.

2.

a. There is binding or erratic movement in pedal and linkage, or in brake components.

b. Pedal levers are improperly positioned or misaligned.

 

(5) VACUUM SYSTEM

 

Note for Inspectors

 

1. This test applies only to vehicles with vacuum assisted power brakes.

 

Procedure

Reject Vehicle If:

A. Condition of Vacuum System

Visually inspect system for collapsed, broken, baldy chafed and improperly supported hoses and tubes, and loose or broken clamps.

A. Condition of Vacuum System

Hoses or tubes are leaking, or if collapsed, broken, badly chafed, improperly supported or loose because of broken clamps.

B. Operation of Vacuum System

1. Determine if system is stopping by:

a. Stopping engine;

b. Depress brake pedal several times to destroy all vacuum in system;

c. Depress pedal with a light force (approximately 25 pounds);

d. While maintaining this force on the pedal, start engine;

e. Note whether pedal moves slightly when engine starts.

B. Operation of Vacuum System

1. Service brake pedal does not drop slightly as engine is started while light pressure is maintained on pedal.

 

(6) Parking Brake

 

Notes for Inspectors

 

1. Parking brakes on most vehicles function through at least one set of the rear service brake shoes.

 

2. A few vehicles have disc type service brakes on all four wheels which makes it necessary to have separate drums for the parking brakes. These drums and linings should be inspected in a manner similar to those for service brakes.

 

3. Any parking brakes should hold a stopped vehicle firmly on all normal road slopes.

 

4. All vehicles manufactured after May 23, 1970, must have a mechanical parking brake which will hold the vehicle to the limit of traction in either direction on a 30% grade.

 

Procedure

Reject Vehicle If:

A. Parking Brake Function

A. Parking Brake Function

1. Set the parking brake firmly.

1.

a. There is no reserve travel in the lever or pedal.

b. The lever or pedal will not hold in locked position or release when release control is operated.

B. Linings and Drums

B. Linings and Drums

1. If vehicle is equipped with parking brakes which are separate from the service brakes, visually inspect the linings and drums in the same manner that those on the service brakes are inspected.

1.

a. Parking brake drums are cracked, broken or otherwise damaged.

b. Linings are loose, worn out, or soaked with grease, oil or brake fluid.

C. Mechanical Components

C. Mechanical Components

1. Visually inspect the external mechanical parking brake components for worn pins, missing springs, worn rods and frayed or stretched pull cables.

1.

a. Mechanical components are missing or broken.

b. Pull cables are broken or frayed.

D. Parking Brake Test

D. Parking Brake Test

1. Vehicles Equipped with Automatic Transmission

a. Set the parking brake firmly.

b. Start engine and move the selector to “drive” position. (On some vehicles the parking brake will automatically release when the selector is moved from the “park” position. In that case it will be necessary to hold the brake control in “set” position.”

c. Increase the rpm. to about twice idle speed.

d. Observe any movement of the vehicle.

1. There is any forward movement of the vehicle with the parking brake in the “set” position.

2. Vehicles Equipped with Manual Transmission

a. Set the parking brake firmly.

b. Start the engine, depress the clutch pedal, and move gear shift lever to the lowest forward speed position.

c. Increase the rpm. to about twice idle speed and slowly release the clutch pedal.

d. Observe any movement of the vehicle.

2. There is any forward movement of the vehicle with the parking brake in the “set” position.

 

(7) Service Brake Performance

 

Notes for Inspectors

 

1. Brake performance should be inspected only after all other inspections of the braking systems have been completed. The brake performance test should not be made if system components are defective.

 

2. Using the service brake only, the stopping ability of the vehicle should be tested by one of the three methods described below.

 

3. The service brake road test, Method (a), should be conducted on a level, dry, hard, smooth surface road or area that is free from loose material, oil or grease. Caution: Always check for braking action at a very slow speed before operating the vehicle.

 

4. If Method (c) is used, the roller-type brake dynamometer should have rollers which are dry, smooth, and free from oil or grease. The machine indicates both braking effort and imbalance. Brakes on front and rear axles are evaluated separately'

 

Method (a) - Road Test

 

Tools and Equipment

 

1. Road surface 50 to 100 yards long, marked with a 12 foot wide lane, or wide enough to mark a lane 12 feet wide.

 

2. Marking equipment - cones, chalk, paint, rope or other materials suitable for indicating the test lane.

 

Procedure

Reject Vehicle If:

Method (a) – Road Test

Method (a) – Road Test

1. At a speed of 20 mph, apply service brakes firmly without locking brakes. Observe whether vehicle comes to a smooth stop within a distance of 25 feet or less without pulling to the right or left causing it to leave a lane 12 feet wide. The inspector should have firm control of the steering wheel throughout the test.

1.

a. More than 25 feet is required in which to stop from 20 mph.

b. Steering control must be used to keep the vehicle within the 12 foot lane.

 

Method (b) - Platform Testing Machine

 

Tools and Equipment

 

1. Platform testing machine (drive-on-and-stop tester) for measuring braking force at each wheel.

 

Procedure

Reject Vehicle If:

Method (b) – Platform Testing Machine

Method (b) – Platform Testing Machine

1. Drive vehicle onto “drive-on-and-stop” platform tester. Apply brakes firmly at a speed from 4 to 8 mph. without wheel lock-up. All braking action must take place on the platforms. Note and record braking force at each wheel.

There should be braking action on all wheels and the action on any one wheel should be 80% or more of the action on the other wheel on the same axle.

1.

a. Readings are less than required by equipment manufacturer’s specifications.

b. Any wheel fails to indicate braking action.

c. The reading on any one wheel is less than 80% of the reading on the other wheel on the same axle.

 

Method (c) - Roller Type Brake Dynamometer Test

 

Tools and Equipment

 

1. Roller type brake dynamometer (force measuring type) for measuring braking force at each wheel.

 

Procedure

Reject Vehicle If:

Method (c) – Roller Type Brake Dynamometer Test

Method (c) – Roller Type Brake Dynamometer Test

1. Adjust tire inflation to recommended values, position vehicle on dynamometer rolls and begin test. Follow equipment manufacturer’s recommended testing procedures. Note and record braking force at each wheel.

1.

a. Readings are less than required by equipment manufacturer’s specifications.

b. The reading on any one wheel is less than 80% of the reading on the other wheel on the same axle.

 

Appendix A

 

Brake Testing Machines

 

These types of brake testers measure braking force at each wheel. The effectiveness of the brake testers that measure braking force in the testing of vehicles other than passenger vehicles or light trucks is very questionable.

 

The dimensions of these brake testers do not permit practical and reliable testing on combination vehicles. Use should therefore be restricted to two-axle vehicles. The simulated road surface of these machines will occasionally exhibit much higher coefficients of friction than is possible on the highway. Excessive braking should therefore be avoided, because braking distribution information is distorted.

 

For drive-on-and-stop test machines the vehicle is driven on the pads at speeds of 4 to 8 mph. When the brakes are applied at the time the vehicle is moving on the pads, the braking effort at each wheel causes a proportionate movement of the pad against the measuring system. The braking force on the pads is measured by indicating or recording instruments.

 

The roller-type brake testing machine has powered rollers that turn the individual wheels while the brakes are applied in order to measure the brake force developed.

 

(From American National Standards Institute Inspection Requirements D7.1)

 

Steering Alignment and Suspension Inspection

 

General Instructions

 

There are ten inspection procedures for steering alignment and suspension in this section.

 

(1) Power Steering Condition

 

(2) Lash or Free Play and Travel

 

(3) Absorbing Steering Column

 

(4) Wheel Bearings

 

(5) Steering Linkage Play

 

(6) Front Wheel Alignment (Toe In-Out)

 

(7) Ball Joints Wear

 

(8) Front and Rear Suspension Components

 

(9) Shock Absorbers

 

(10) Rear Wheel Tracking

 

Tools and Equipment

 

Tools and equipment, if required, will be listed above each separate inspection procedure.

 

Definitions

 

1. Sideslip (or Scuff)  The amount of sidewise front tire slippage occurring on the road surface while vehicle is traveling straight ahead.

 

2. Wheel Plane           The central plane of the tire-wheel system, perpendicular to the axis of rotation.

 

3. Camber       The inclination of the wheel plane to the vertical. It is measured in degrees and considered positive when the wheel leans outward from vertical at the top and negative when the wheel leans inward.

 

4. Caster          The angle viewed from the side between the sterring* axis (axis of kingpin or ball joints) and the vertical. It is measured in degress* and is considered positive when the steering axis at the top is included rearward and negative when the steering axis is inclined forward.

 

* So in original.

 

5. Toe (In or Out)       As measured in inches, it is the difference in the traverse distances between the wheel planes taken, respectively, at the extreme rear and front points of the tire. When the distance at the rear is greater than at the front, the wheels are said to be “toed-out.”

 

6. Steering Axis (King Pin) Inclination         The angle between the steering axis and the center line of the wheel spindle.

 

7. Toe-Out on Turns   The angle of relationship between the inner and outer front wheels during turns.

 

8. Play             Any free movement of the front wheels and suspension components.

 

9. Lash                        The condition in which the steering wheel may be turned through some part of a revolution without associated movement of the front wheels.

 

10. Travel       The complete, full turn of the steering wheel and linkage, free from binding or interference, in both directions from straight ahead to designed stops.

 

11. Loaded      The condition where the front wheels of the vehicle are on the ground, bearing their full portion of the weight of the vehicle.

 

12. Shock Absorbers  Energy-dissipating devices which provide damping of sprung and unspring mass relative motions; increase vehicle stability; and improve steering, handling, and ride performance.

 

13. Ball Joints             Devices installed in each control arm which allow the wheel spindles to pivot freely.

 

(1) Power Steering

 

Notes for Inspectors

 

1. This inspection is not required for vehicles with manual steering.

 

2. The condition of the power steering belt and amount of fluid in the pump reservoir affect the performance of the steering system.

 

3. A squealing noise, particularly during acceleration or parking, may be an indication of a slipping or loose drive belt.

 

4. Belt tension can be visually inspected by using a strand-type belt tention gauge or by hand pressure.

 

5. Vehicle manufacturer’s specifications should be consulted, but generally if a belt can be depressed by more than 1/2 inch of thumb pressure midway between the drive and driven pulleys, the drive belt is too loose.

 

6. The correct power steering fluid level can usually be checked against markings on the dipstick or filler neck.

 

7. This inspection is conducted with the engine stopped.

 

8. Avoid contact with hot cooling or exhaust system components.

 

Procedure

Reject Vehicle If:

A. Power Steering Components

A. Power Steering Components

1. Inspect power steering belts for proper condition and tension.

1. Belts are badly frayed, cracked on the inner edge or loose.

2. Inspect power steering system including gear, hoses, hose connections, cylinders, valves, pump and pump mounting for condition, rubbing and leaks.

2.

a. Hoses or hose connections have been rubbed by moving parts or are leaking.

b. Cylinders, valves or pump show evidence of leakage.

c. Pump mounting parks are loose or broken.

B. Power Steering Fluid Level

B. Power Steering Fluid Level

Inspect power steering reservoir for fluid level at operating temperature.

Fluid is below proper level.

 

(2) Lash or Free Play and Travel

 

Notes for Inspectors

 

1. The steering system of the vehicle must be inspected to determine if excessive wear and/or maladjustment of the linkage and/or steering gear exists.

 

2. Vehicle must be on a dry, flat and substantially level surface.

 

3. On vehicles equipped with power steering, the engine must be running with wheels on the ground, and the fluid level, belt tension and condition must be adequate before testing.

 

Tools and Equipment

 

1. Ruler or tape measure at least 24 inches (60 cm.) long for measuring the steering wheel diameter, and the same or shorter ruler graduated in 1/4 inch (6 mm.) increments or less to measure for lash or free play.

 

Procedure

Reject Vehicle If:

A. Lash or Free Play

A. Lash or Free Play

1. With road wheels in straight ahead position turn steering wheel until the turning motion is observed at the front wheels.

Steering system free play exceeds values listed below:

2. Align a reference point on the steering wheel with ruler.

Steering Wheel Diameter

Lash

3. Then, slowly turn steering wheel in opposite direction until front wheel movement is observed in opposite direction.

In.

Cm.

In.

Cm.

4. Measure distance the reference point on steering wheel has traveled in relation to the ruler.

16 or less

40 or less

2

5.1

 

18

46

2 ¼

5.7

 

20

51

2 ½

6.4

 

22

56

2 ¾

7.0

B. Travel

B. Travel

1. Unlock steering lock with ignition key (if vehicle is so equipped)

Front wheels are incapable of being turned full right and full left without binding or interference.

2.

a. If vehicle has power steering start and idle engine. Wheels should be on the ground.

b. If vehicle has manual steering it may be desirable to raise front wheels off the ground.

 

3. Do not apply service brakes.

 

4. Turn steering wheel to limits of travel and feel for binding or jamming conditions in the steering gear mechanism.

 

 

(3) Absorbing Steering Column

 

Notes for Inspectors

 

1. Many 1967 and all later model cars have been equipped with an Energy Absorbing Steering Column. This special column was designed to absorb energy by controlling the collapsing of its components. It collapses under impact from either end of the column steering gear end and/or steering wheel end. To determine if the components are capable of functioning as designed, a careful inspection should be performed.

 

2. There are many variations of the energy absorbing column. It is recommended that the manufacturer’s specifications be consulted if there are any detailed questions. The system may include one or more of the four devices shown in Figure 2, and the simplest to inspect is the shear capsule.

 

Procedure

Reject Vehicle If:

A. Absorbing Steering Column

A. Absorbing Steering Column

From inside passenger compartment visually inspect for separation of shear capsule from bracket (See Figure 1, below) and general “looseness” of wheel and column.

(Some models do not have shear capsules, in which case this procedure would not apply.)

Shear capsule is separated from bracket, and/or if wheel and column can be moved as a unit.

 

(4) Wheel Bearings

 

Notes for Inspectors

 

1. The steering system and related linkage and parts must be inspected to determine possible wear or damage at all points.

 

2. Wheel bearings out of adjustment can cause wander, erratic front brake action, and noise due to interference of parts.

 

3. Wheel bearing play can be eliminated by applying service brakes.

 

4. On all vehicles movement of the wheel in relation to the backing plate or calipers indicates looseness in the wheel bearing.

 

Tools and Equipment

 

1. Rule or scale at least 6 inches (15 cm.) long and graduated in 1/8 inch (3 mm.) increments to measure wheel bearing adjustment.

 

2. Vehicle hoist or jack and stands to raise vehicle before testing wheel bearings.

 

Procedure

Reject Vehicle If:

A. Wheel Bearings

A. Wheel Bearings

1. Lift front end of vehicle to load ball joints. (If spring or torsion bar is on the lower bar, hoist at frame. If spring or torsion bar is on the upper arm, hoist at lower arm close to ball joint.)

Relative movement between drum and backing plate is excessive. (More than 1/8 inch/3mm. measured at outer circumference of tire.)

2. Check both front wheels by grasping each front tire, top and bottom, and rocking it in and out.

 

3. To verify that any looseness detected is in the wheel bearing, note the relative movement between the brake drum or disc and the backing plate or splash shield.

 

4. Measure movement.

 

 

(5) Steering Linkage Play

 

Notes for Inspectors

 

1. This inspection should be conducted after the wheel bearings have been checked for looseness (refer to the preceding section on wheel bearings).

 

2. Excessive free play causes wheel shimmy, erratic brake action and steering control problems. Make sure any looseness detected is not wheel bearing free play.

 

Tools and Equipment

 

1. Ruler or scale at least 6 inches (15 cm.) long and graduated in 1/8 inch (3 mm.) increments to measure kinkage play.

 

2. Vehicle hoist or jack and stands to raise vehicle and load ball joints to remove looseness.

 

3. Brake pedal depressor to apply service brakes to eliminate wheel bearing play. (If more than one inspector is conducting this test the brake pedal depressor is not required.)

 

Procedure

Reject Vehicle If:

A. Steering Linkage Play

A. Steering Linkage Play

1. Lift front end of vehicle to load ball joints. (If spring or torsion bar is on the lower arm, hoist at frame. If spring or torsion bar is on the upper arm, hoist at lower arm close to ball joint.)

Free movement measured at tire tread is found to be in excess of table shown below.

2. If vehicle is equipped with power steering, start and idle engine.

Maximum Permissible Play with Wheel Bearings Adjusted Properly

3. Apply serice* brakes.

In.

Cm.

In.

Mm.

4. Grasp each front tire, front and rear, and attempt to turn wheel and tire assembly left and right. Note any free movement at front and rear of tire. (Measure if necessary.)

16 or less

41 rim diameter or less

¼

6

 

16.01 – 18.00

41.01 – 46.00

3/8

10

 

18.01 or more

46.01 or more

½

13

 

(6) Front Wheel Alignment (Toe-In/Out)

 

Notes for Inspectors

 

1. There are five basic factors which are the foundation to front wheel alignment; caster, camber, toe-in and toe-out, steering axis inclination, and toe-out in turns.

 

a. Improper caster can cause hard steering, low speed shimmy, wander, and brake pull problems.

 

b. Improper camber can cause erratic tire wear problems, hard steering, and wander.

 

c. Improper toe-in or toe-out can cause a featheredged pattern on tire treads.

 

d. Improper steering axis inclination can cause directional instability.

 

e. Improper toe-out on turns which does not conform with manufacturer’s specifications can indicate that a steering arm is bent.

 

2. Measuring toe-in or toe-out provides an approximate indication of overall front wheel alignment condition.

 

3. If there is excessive toe-in or toe-out a complete check should be made of all alignment factors.

 

4. Note condition of tire tread. If there are feathered edges toward the inside, there is too much toe-in. If there are feathered edges toward the outside, there is too much toe-out.

 

Tools and Equipment

 

1. Tire pressure gauge to check front tire pressure.

 

2. Scuff gauge or other approved toe-in measuring device.

 

Procedure

Reject Vehicle If:

A. Toe (In-Out)

A. Toe (In-Out)

1. Check front tires for equal pressure.

Toe reading is 1.5 times greater than the value listed in the vehicle manufacturer’s service specifications for alignment setting;

2. Drive vehicle in a straight line slowly up to edge of scuff gauge.

Or, if the manufacturer’s specifications are not available, the reading exceeds 30 feet per mile (5.7 m. per km.) on the slip gauge.

3. Drive slowly across gauge. (Note: On scuff gauges which measure both front wheels the test is invalid if the inspector holds the steering wheel.)

 

4. Note and record sideslip reading in feet per mile in or out.

 

5. Using table below, convert toe-in readings in inches to scuff gauge readings in ft./mi. sideslip for different wheel sizes.

 

 

Toe Readings in Feet-Per-Mile Sideslip and Fractions of an Inch

 

Wheel Size in Inches

Nominal Tire Diameter in Inches

Toe Readings in Fractions of an Inch In or Out

1/16

1/8

3/16

¼

5/16

3/8

7/16

½

9/16

Sideslip Readings in Feet per Mile – In or Out

13

25.2

13.1

26.2

39.3

52.4

65.5

78.6

91.7

104.8

117.9

14

26.4

12.5

25.0

37.5

50.0

62.5

75.0

87.5

100.0

112.5

15

28.5

11.5

23.0

34.5

46.0

57.5

69.0

80.5

92.0

103.5

16

35.6

9.3

18.6

27.9

37.2

46.5

55.8

65.1

74.4

83.7

 

(7) Ball Joint Wear

 

Notes for Inspectors

 

1. Inspection of ball joints on models prior to 1973 must be conducted with the joints unloaded. Beginning with some 1973 models, however, some manufacturers provide a wear indicating ball joint to facilitate inspection, in which case a visual inspection is made with the joints loaded.

 

2. For inspection on models without wear-indicating ball-joints, ball joints must be unloaded.

 

3. On models with wear-indicating ball joints, inspection is in accordance with the manufacturer’s specifications.

 

4. Non-load carrying ball joints should not show an appreciable amount of wear. If there is any perceptible looseness, rejection and replacement by a qualified mechanic should be considered.

 

5. In checking for vertical motion of ball joints, keep in mind that the load carrying joint is unloaded, and that a pry bar pressure sufficient only to lift the weight of the wheel assembly is required. If the inspector uses the “leverage” of a pry bar to exert excessive pressure, he can easily “force” an apparent ball joint movement and get a false reading. This may result in expensive replacement of perfectly good joints.

 

6. Refer to Appendix A following this section, for additional front suspension information.

 

Tools and Equipment

 

1. Floor jack and stand to lift vehicles without wear indicating ball joints.

 

2. Dial indicator to measure horizontal movement between ball joint and the socket.

 

3. Pry bar to measure vertical movement of ball joints.

 

Procedure

Reject Vehicle If:

A. Vehicles with Wear Indicating Ball Joints

A. Vehicles with Wear Indicating Ball Joints

1. Support vehicle with ball joints loaded.

Checking surface is flush with or inside the cover surface.

2. Wipe grease fitting and checking surface free of dirt and grease.

(Wear is indicated by the protrusion of the ½ inch/13 mm. diameter boss, into which the grease fitting is threaded. This round boss projects .050 inch/1.3 mm. beyond the surface of the ball joint cover on a new, unworn joint.)

3. Observe, or scrape a scale, screwdriver or fingernail across the cover.

 

4. Determine if checking surface extends beyond the surface of the ball joint cover. (If the grease fitting boss is flush or inside the cover surface it is cause for rejection.)

 

B. Vehicles without Wear Indicating Ball Joints

B. Vehicles without Wear Indicating Ball Joints

1. Unload ball joints by raising vehicle (hoist vehicle by the by the* lower control arm when the spring is supported by the lower control arm, hoise* vehicle by the frame when the spring is supported by the upper control arm).

Perceptible movement of the non-load carrying ball joint is indicated; the upper ball joint on vehicles where the sring* is supported by the upper control arm; or

2. Position a pry bar under the front tire and, with a lifting motion just sufficient to overcome the weight of the wheel assembly, move wheel up and down and measure axial movement between ball joint and socket.

Excessive wear of the load-carrying ball joint is indicated by horizontal motion of the tire, or by axial motion of the ball stud in excess of manufacturer’s tolerances; or

3. Grasp the tire and wheel assembly at the top and bottom. Move in and out to detect looseness.

If manufacturer’s tolerances are not available; horizontal or vertical movement exceeds .250 inches (6.4 mm.) at the rim of the wheel.

C. Pre-Loaded Ball Joints

C. Pre-Loaded Ball Joints

1. Follow the same procedure described in B.1. through 3., above, to inspect for ball joint movement relative to its socket. These ball joints are pre-loaded by rubber or springs under tension, and should have very little movement in a vertical direction. Consult manufacturer’s specifications for further information.

Ball joint movement is in excess of manufacturer’s specification for tolerances; or free play movement is detected in any direction.

D. Vehicles not Equipped with Ball Joints

D. Vehicles not Equipped with Ball Joints

1. Raise and support the vehicle by the front axle or lower control arm.

Horizontal or vertical movement exceeds .250 inches (6.4 mm.) measured at the top or bottom of the wheel rim.

2. Follow the procedure described in B.2. and B.3, above.

 

 

See Appendix A, paragraphs 1., 2., and 3.b. following this section.

 

* So in original.

 

(8) Front and Rear Suspension Components

 

Notes for Inspectors

 

1. All components of front and rear suspension should be in good condition for a safe and smooth ride.

 

2. Sagging springs, broken torsion bars, worn or deteriorated bushings, loose shackles and loose or mislocated “U” bolts can cause vehicle handling instability and brake pull, improper alignment and incorrect headlight aim. (Some vehicles use rubber suspension devices instead of conventional leaf or coil springs.)

 

3. Part A of this inspection should be conducted on a level surface. The remaining parts of the inspection should be conducted with the vehicle raised on a hoist or jack and stands.

 

4. Modified suspension systems must be approved as required by the Territory of Guam.

 

Tools and Equipment

 

1. Vehicle hoist or jack and stands for inspecting the underside of the vehicle.

 

2. Flashlight and/or work light for inspecting the underside of the vehicle.

 

3. Ruler or scale for measuring vehicle height.

 

Procedure

Reject Vehicle If:

A. Vehicle Height

A. Vehicle Height

With vehicle on a level surface, visually inspect the heights of the four corners of the vehicle. If necessary, use measuring device and determine differences from side to side.

A modified suspension system does not have Territory of Guam approval as required; or

 

The height of the right and left sides are not within 1 inch (2.54 cm.) of each other.

B. Vehicle Suspension Components

B. Vehicle Suspension Components

Raise the vehicle and visually inspect the underside for condition of the front and rear suspension components listed below.

Any of the following conditions can be found.

1. Leaf Springs.

1. Leaf springs are found with loose or broken leaves.

2. Coil Springs

2. Coil springs are extended by spacers or blocks, or are insecurely mounted.

3. Shackles, U-Bolts, Spring Clips.

3. Loose, broken or missing U-bolts, shackles or spring clips.

4. Stabilizer Bar

4. Stabilizer bar is broken or loose.

5. Control Arms, Radius Rods, Struts, Steering Arms, Tie Rods, Idler Arms

5. Control arms, radius rods, struts, steering arms, tie rods, idler arms are bent or broken.

6. Rubber Bushings.

6. Rubber bushings are missing, split, badly damaged, or badly extruded from suspension joints to the extent that surfaces separated by bushings are in contact, or where the bushing is no longer functional.

7. Shock Absorber Mountings

7. Shock absorbers have loose or broken mountings, are disconnected or missing.

8. Suspension Brackets.

8. Suspension mounting brackets on vehicle frame as cracked or broken.

9. Ball Joint Seals

9. Ball joint seals are cracked or cut.

 

10. Any flexible suspension unit is “bottomed out,” allowing the suspended portion of the vehicle to contact the axle or control arm.

 

11. There are indicators that any tire, wheel or other moving part makes external contact with a stationary portion of the vehicle.

 

(9) Shock Absorbers

 

Notes for Inspectors

 

1. Inoperative, broken or disconnected shock absorbers can cause severe handling, steering and braking problems.

 

2. Part A of this inspection can be conducted following the previous inspection, (8) Front and Rear Suspension Components, while vehicle is still hoisted.

 

Tools and Equipment

 

1. Vehicle hoist or jack and stands for inspecting shock absorber leakage.

 

2. Flashlight and/or work light for inspecting shock absorber condition.

 

Procedure

Reject Vehicle If:

A. Shock Absorber Leakage Inspection

A. Shock Absorber Leakage Inspection

1. With vehicle hoisted visually inspect for leakage (fluid on outside of lower tube or cylinder).

1. Severe leakage (not slight dampness) occurs.

B. Shock Absorber Operation Inspection

B. Shock Absorber Operation Inspection

1. With vehicle on a level surface, push down on bumper on one end of vehicle and release.

1. Vehicle continues bouncing after more than two cycles of free rocking motion.

2. Note number of cycles of free rocking motion allowed by shock absorbers.

2. Vertical motion cannot be induced.

3. Repeat procedure at opposite end of vehicle.

 

 

(10) Rear Wheel Tracking

 

Notes for Inspectors

 

1. Possible causes for improper rear wheel tracking can consist of any one of the following: broken main leaf on rear spring; shifted axle on center bolt; bent or out of adjustment trailing links or radius rods, sway bar or track bar; bent or damaged axle housing frame.

 

2. Improper rear wheel tracking causes improper headlight aim and steering instability.

 

3. There are three alternate methods, (a), (b), and (c), for inspecting rear wheel tracking.

 

Tools and Equipment

 

1. Method (b)

 

a. Tracking gauge.

 

b. Vehicle hoist or jack and stands.

 

c. Flashlight and/or work light.

 

2. Method (c)

 

a. Measuring tape.

 

Procedure

Reject Vehicle If:

Method (a) – Rear Wheel Tracking

Method (a) – Rear Wheel Tracking

By observation compare tracking or rear wheels with tracking of front wheels when the vehicle is moving “straight ahead.”

Rear wheels do not track parallel and the same lateral (side to side) distance from the front wheel tracks.

Method (b) – Rear Wheel Tracking

Method (b) – Rear Wheel Tracking

With vehicle on a level surface, adjust tracking gauge to the distance between the front and rear wheels of vehicle on one side and compare distance with the front and rear wheels on the opposite side.

The wheel base on one side is different from the wheel base on the other side by more than one inch. (Not applicable if vehicle specifications indicate different left and right wheelbase dimensions as designed.)

Method (c) – Rear Wheel Tracking

Method (c) – Rear Wheel Tracking

Using a tape measure, determine the distance between the centerline of the front wheel spindle and the centerline of the rear axle drive shaft and compare from side to side. (Front wheels must be in the straight ahead position.)

Rear axle is obviously misaligned.

 

 

Appendix A

 

Additional Front Suspension Information

 

In virtually all vehicles used on roads, streets and highways steering is accomplished by turning the front wheels in the direction of intended travel. In these vehicles a flexible suspension unit is used on each wheel to provide for movement between the wheel and the chassis. In order to provide for these movements of the front wheels various steering-suspension arrangements are in general use.

 

1. Solid Front Axle. A one piece axle is supported by one or two flexible suspension units (springs). The front wheels are attached to each end and steering is accomplished by using a pin (kingpin) and bushing arrangement.

 

2. Twin “I” Beam. An adaptation of the solid front axle where each front axle is attached to one end of an individual solid axle. The other end of each axle is attached to the chassis with a pin and bushing. Steering is accomplished by using a pin (kingpin) and bushing arrangement. This system provides independent suspension for each front wheel. Usually a flexible suspension unit (spring or torsion bar) is provided for each wheel.

 

3. Double Control Arm Systems These systems provide for vertical movement of the front wheels by the use of upper and lower control arms and individual suspension units for each wheel. Three variations are used to provide steering control.

 

a. Two Ball Joint System. This is the most common system used on U.S. manufactured vehicles. An upper and lower ball joint is used on the upper and lower arms, respectively, to hold the front wheel in the proper position and permit the necessary movement. The flexible suspension unit can be attached to either control arm.

 

b. Pin and Bushing System. In this system pins and bushings are used on the upper and lower control arms to hold the wheel in the proper position and permit the necessary movement. The flexible suspension unit can be attached to either control arm.

 

c. Combination System. In this system a ball joint is attached to the lower control arm and a pin and bushing arrangement is attached to the upper control arm to hold the front wheel in the proper position and permit the necessary movement. The flexible suspension unit is usually attached to the upper control arm. This system has been commonly used on American Motors vehicles.

 

d. Single Control Arm System. This system has only a lower control arm. The wheel is attached to this control arm by means of a ball joint. A strut combining the suspension unit and shock absorber is used in place of an upper control arm. Attachment to the chassis is accomplished by using a flexible (rubber) bushing. The flexible suspension unit is always mounted on the strut.

 

Definitions

 

1. Loaded Ball Joint   The load carrying ball joint when the weight of the vehicle is on the ball joint.

 

2. Unloaded Ball Joint                        The load carrying ball joint when the weight of the vehicle is removed from the ball joint.

 

3. Load Carrying Ball Joint    The ball joint which supports the weight of the vehicle. This is always the ball joint which is on the control arm to which the spring or torsion bar is attached.

 

4. Non-Load Carrying Ball Joint       A ball joint which does not support the weight of the vehicle. This is always the ball joint which is on the control arm that does not have a spring or torsion bar attached. The only function of this ball joint is to hold the wheel in the proper position. This Ball joint has, in some cases, been incorrectly termed the unloaded ball joint.

 

5. Pre-Loaded Ball Joint        A ball joint containing a spring or similar device within the socket to hold the ball tightly against the socket. Non-load carrying ball joints are usually pre-loaded. These ball joints will usually show no movement under test conditions.

 

Lighting and Electrical System

 

General Instructions

There are four inspection procedures for the lighting and electrical system inspection.

(1) Lighting (General)

(2) Headlamp Aim

(3) Auxiliary Lamp Aim

(4) Electrical System

 

Tools and Equipment

Tools and equipment, if required, will be listed above each separate inspection procedure.

 

Definitions

 

1. Sealed Beam Head Lamp Assembly          A major lighting device used to provide general illumination ahead of the vehicle. It consists of the following: (a) One or more sealed beam units (bulb assembly); (b) Means for mounting securely to the vehicle; (c) Means to permit required aim adjustment.

 

2. Sealed Beam Unit   An integral and hermetically sealed optical assembly with the name “Sealed Beam” molded in the lens.

 

3. Headlamp Upper Beam      A distribution of light intended primarily for distance illumination and for use on the open highway when not meeting other vehicles.

 

4. Headlamp Lower Beam      A distribution of light so directed as to avoid glare in the eyes of oncoming drivers while providing illumination ahead of the vehicle and intended for use in congested areas and on highways when meeting other vehicles within a distance of 500 feet.

 

5. 7-Inch Sealed Beam Headlamp Unit          Two similar units are used on a vehicle.

(a) A sealed unit 7 inches in diameter providing an upper and a lower beam. This unit is identified by a number “2” on the lens and is aimed on the lower beam. Color - white.

(b) (With no identifying number on lens). A sealed unit 7 inches in diameter providing an upper and lower beam. This is an obsolete unit no longer being installed in production. It should be aimed on the upper beam. Color - white.

 

6. 5 ¾ Inch Type 1 Sealed Beam Unit           A sealed unit 5 ¾ inches in diameter having a single filament and providing only an upper beam distribution of light. When used, two units are required on each vehicle in combination with two 5 ¾ inch type 2 units. Color - white.

 

7. 5 ¾ Inch Type 2 Sealed Beam Unit           A sealed unit 5 ¾ inches in diameter having two filaments, one filament providing the lower beam and one filament providing fill-in light for the upper beam. It is aimed on the lower beam. Color - white.

 

8. 6 ½ x 4 ¼ Inch Rectangular Type 1 Sealed Beam Headlamp       A sealed unit 6 ½ x 4 ¼ inch rectangular headlamp having a single filament and providing only an upper beam distribution of light. When used, two units are required in combination with two 6 ½ x 4 ¼ Type 2 units. Color - white.

 

9. 6 ½ x 4 ¼ Inch Rectangular Type 2 Sealed Beam Headlamp       A sealed unit 6 ½ inch rectangular headlamp having two filaments, one filament providing the lower beam and one filament providing fill-in light for the upper beam. It is aimed on the lower beam.

 

10. Symmetrical Beam           A symmetrical beam is one in which both sides are symmetrical with respect to the median vertical plane of the beam. Lamps having symmetrical beams are: (a) 5 ¾ inch Type 1; (b) 5 ¾ inch Type 2 (upper beam filament); and (c) All 7 inch units (upper beam filament).

 

11. Asymmetrical Beam        One in which both sides are not symmetrical with respect to the median vertial* plane of the beam. All lower beams are asymmetrical.

 

* So in original.

 

12. Tail Lamps           Lamps which are used to designate the rear of a vehicle. Color - red.

 

13. Stop Lamps           Lamps giving a steady warning light to the rear of a vehicle, to indicate the intention of the operator of the vehicle to reduce speed or stop. Color - red.

 

14. License Plate Lamps        Lamps used to illuminate the license plate on the rear of a vehicle. Color – white.

 

15. Parking Lamps     Forward facing lamps used to designate the front of a parked vehicle. Color - white or yellow.

 

16. Side Marker Lamps          Lamps on the left and right sides, beamed to the side, and intended to indicate vehicle length. They are located near the front and rear on each side and, for vehicles over 30 feet in length, are also located at the midpoint (intermediate side marker). Front and midpoint side marker lamps are yellow; rear side marker lamps are red.

 

17. Back Up Lamps    Lamps used to provide illumination behind the vehicle, and to provide a warning signal when the vehicle is in reverse gear. Color - white.

 

18. Turn Signal Lamps           Lamps which provide a flashing warning light to indicate the intended direction of the turn. Front color – yellow or white; rear color – yellow or red.

 

19. Hazard Warning Lamps   Turn signal lamps which flash all turn signal lamps simultaneously to warn of the presence of a vehicular hazard. Color - same as turn signal lamps.

 

20. Reflective Devices           Devices used on vehicles to give an indication to an approaching driver by reflected light from the headlamps of approaching vehicles. Reflective devices are required to be used with, or incorporated within the lens of tail lamps and side marker lamps. Color is the same as required for tail lamps or side marker lamps.

 

21. Indicator Lamps   Lamps visible to the operator of a vehicle that indicate: (a) Appropriate electrical circuits are in operation; and (b) Malfunction of vehicle equipment which requires remedial action by the operator of the vehicle.

 

22. Operating Units or Switches        Devices which control the functioning of electrical equipment.

 

23. Auxiliary Lamps  Fog lamps, driving lamps, passing lamps, etc., used to provide forward illumination to supplement the headlamps. Color - white or yellow.

 

(1) Lighting (General)

 

A. General Inspection of Lamp and Reflector Function, Condition, Location and Color

 

Notes for Inspectors

 

1 The general lamp and reflector inspection includes all original exterior lighting equipment and reflectors except cornering lamps, spot lamps and and emergency warning lamps. It also includes all added driving lamps, passing lamps, fog lamps and backup lamps.

 

2. Interior indicator lamps that indicate exterior lamp function such as the headlamp beam indicator, and the turn signal lamp indicator and the hazard warning lamp indicator are included. in this inspection.

 

3. It is not sufficient that a lamp merely illuminates; the illumination must be of an intensity to be readily discernable. If the battery output is now, it may be necessary to operate the engine at a speed sufficient to produce electrical energy from the alternator or generator. The vehicle owner should be notified if this condition exists.

 

4. All lamps and reflectors shall be located and be of the color as installed in or on the vehicle by the original vehicle manufacturer; or conform to the location and color specified in Appendix A following this section.

 

5. Any lamp or reflector that is relocated or modified in any manner shall conform to the location and color requirements specified in Appendix A following this section.

 

6. Mirrors may be used to observe any lamp function from the driver’s position.

Procedure

Reject Vehicle If:

A. General Inspection of Lamp and Reflector Function, Condition, Location and Color

A. General Inspection of Lamp and Reflector Function, Condition, Location and Color

Turn on the headlamps and visually inspect the headlamps, parking lamps, side marker lamps, tail lamps and license plate lamp. (On older model vehicles the lamp switch must be placed in the parking lamp position to illuminate the parking lamps.)

1. Any lamp fails to illuminate.

With lamps off visually inspect all reflectors.

2. Any lamp or reflector shows an improper color.

 

3. Any lamp directs light improperly.

 

4. Any reflector does not redirect light properly.

 

5. Any lamp or reflector assembly is loose or improperly fastened.

 

6. Any lamp or reflectors had a cracked, broken or missing lens.

 

7. Any lamp lens does not fit properly or is improperly installed.

 

8. The interior of any lamp is soiled, discolored or otherwise contaminated to the extent that light output is reduced including deterioration of any interior reflector.

 

9. Any lamp is of a type not approved by the Motor Vehicle Division. (All standard original lamps are considered to be approved unless otherwise indicated.)

 

10. The illumination from any lamp is blocked or obscured by any material or device which is not a part of the original lamp equipment.

 

11. The illumination from any added lighting device interferes with an observer’s view of any signal lamp, side marker lamp, tail lamp or stop lamp.

 

 

B. Parking Lamp Inspection

 

Notes for Inspectors

 

1. All vehicles manufactured after January 1, 1969, are equipped with amber (yellow) parking lamps. Earlier model vehicles were equipped with white or amber parking lamps.

 

2 . Parking lamps are mounted at the front of the vehicle except on some older model vehicles where they are mounted on each side of the cowl.

 

3. On all vehicles manufactured after January 1, 1969, the parking lamps are illuminated when the headlamps are illuminated. They also should be illuminated when the lamp switch is in the parking lamp position. On older model vehicles the parking lamps operate independent of the headlamps.

 

4. Parking lamps are commonly incorporated into the same lighting device as the front turn signal lamp.

 

Procedure

Reject Vehicle If:

B. Parking Lamp Inspection

B. Parking Lamp Inspection

Visually observe parking lamps.

1. Any parking lamp fails to meet the General Inspection requirements on Section A, above.

 

Parking lamps do not provide steady illumination of equal intensity.

 

C. Turn Signal Lamps

 

Notes for Inspectors

 

1. Almost all vehicles manufactured since the early 1950s were equipped with self-cancelling turn signals. A few early models were equipped with manual cancelling signals. All steering column mounted turn signal switches are self-cancelling.

 

2. All vehicles manufactured after January 1, 1969 are equipped with self-cancelling turn signals and amber (yellow) colored front turn signal lamps.

 

3. Front turn signal lamps are either white or amber in color; rear turn signal lamps are either red or amber in color.

 

4. All vehicles equipped with turn signals have an interior indicator lamp(s).

 

5. Turn signal lamps are commonly incorporated into the same lighting device as the parking lamps and tail lamps/stop lamps. When incorporated, the stop lamp will not function on the side indicating the turn.

 

Procedure

Reject Vehicle If:

C. Turn Signal Lamps

C. Turn Signal Lamps

With the parking lamps illuminated and the ignition switch “on;”

1. Any turn signal lamp fails to meet the General Inspection requirements in Section A, above.

1. Actuate the turn signal switch lever and observe the front and rear turn signal lamps and interior indicator; move the switch lever to the opposite direction, and again observe the lamps and indicator.

2. Any turn signal lamp illumination is not readily visible under all lighting conditions.

2. With the turn signal switch actuated in either direction, rotate the steering wheel one full turn and return to original position. Observe for self-cancellation.

3. The turn signal flashing rate is less than 50 per minute or greater than 130 per minute.

 

4. The interior indicator does not indicate turn signal operation.

 

5. The turn signal does not properly illuminate on the left or right when so switched.

 

6. Operation of the turn signal causes changes in the illumination of other exterior lamps, except stop lamps.

 

7. The self-cancelling device does not operate.

 

D. Hazard Warning Lamps

 

Notes for Inspectors

 

1. All vehicles manufactured after January 1, 1968, are equipped with hazard warning lamps.

 

2. Hazard warning lamps are operated by a separate switch and flasher unit to flash all turn signal lamps at the same time.

 

3. On some vehicles the hazard warning lamps will not flash when the service brake pedal is depressed.

 

Procedure

Reject Vehicle If:

D. Hazard Warning Lamps

D. Hazard Warning Lamps

With the parking lamps illuminated, actuate the hazard warning lamp switch. Observe the turn signal lamps and indicator. (Hazard warning lamps should function with the ignition switch in the “off” position.)

1. Any turn signal lamp fails to flash.

 

2. Any turn signal lamp is not readily visible under all lighting conditions.

 

3. The flashing rate is less than 50 per minute or greater than 130 per minute.

 

E. Side Marker Lamps

 

Notes for Inspectors

 

1. All vehicles manufactured after January 1, 1969 are equipped with side marker lamps and side marker reflectors.

 

2. Side marker reflectors are usually incorporated within the side marker lamp lens.

 

3. Side marker lamps may be a portion of the front parking lamps or a portion of the tail lamps that directs light to the side of the vehicle.

 

4. Side marker lamps located at or near the front of the vehicle are amber (yellow) in color; side marker lamps located at or near the rear of the vehicle are red in color.

 

5. Amber colored intermediate side marker lamps are required on vehicles over 30 feet (9 meters) in length.

 

6. Side marker lamps are illuminated whenever the headlamps or the parking lamps are illuminated.

 

Procedure

Reject Vehicle If:

E. Side Marker Lamps

E. Side Marker Lamps

1. Turn on headlamps or parking lamps. Observe side marker reflectors.

Any side marker lamp or reflector fails to meet the General Inspection requirements in Section A, above.

2. With headlamps and parking lamps off, observe side marker reflectors.

 

 

F. Tail Lamps

 

Notes for Inspectors

 

1. Almost all vehicles manufactured since the early 1950s were equipped with two red tail lamps, one mounted on each side of the rear of the vehicle. Earlier models may have only one red tail lamp mounted on the rear of the vehicle.

 

2. All vehicles manufactured after January 1, 1969, are equipped with at least two red tail lamps and reflectors mounted on either side of the rear of the vehicle.

 

3. Rear reflectors are usually incorporated within the tail lamp lens.

 

4. Tail lamps are illuminated whenever the headlamps or parking lamps are illuminated.

 

Procedure

Reject Vehicle If:

F. Tail Lamps

F. Tail Lamps

1. With the parking lamps or headlamps illuminated, observe the tail lamps.

Any tail lamp or reflector fails to meet the General Inspection requirements in Section A, above.

2. With the headlamps and parking lamps off, observe the rear relectors*.

 

 

* So in original.

 

G. Stop Lamps

 

Notes for Inspectors

 

1. Almost all vehicles manufactured since the early 1950s were equipped with at least two red stop lamps mounted on each side of the rear of the vehicle. Earlier models may have only one red tail lamp mounted on the rear of the vehicle.

 

Vehicle Glazing

(Windshield and Window Glass or Other Material)

 

General Instructions

 

1. Automotive safety glazing is marked with the manufacturer's trademark and the letters “AS” followed by a number from 1 to 11B. Only AS1 (or AS10 - Bullet Resistant) may be used in the windshields. Safety glazing for 1966 and later models also has a glass manufacturer’s model number or a DOT code number.

 

2. Vehicles manufactured before 1954 may be equipped with AS2 safety glass in the windshield or may be equipped with unmarked glass in all windows if it is the original equipment.

 

3. The word “glazing” refers to glass or plastic materials used in vehicle windows, windshields and other apertures used for window purposes.

 

4. The word “discoloration” used below refers to anything which impairs the transparency of the glazing.

 

5. The inspector should be familiar with the additional information on American National Standards Institute glazing specifications on the following pages.

 

6. Glazing material installed after January 1, 1972, must be approved by the Director of Revenue and Taxation. Original Equipment Manufacturer replacement glazing material displaying the “AS” and “DOT” codes are considered to be approved unless otherwise indicated.

 

Tools and Equipment

 

1. Damp sponge or cloth for cleaning mud or dirt from glazing markings.

 

2. Ruler or tape measure for measuring chips, cracks, stickers, decals, signs and posters.

 

Procedure

Reject Vehicle If:

A. Proper Markings

A. Proper Markings

 

1. There is no glass in the windshield.

 

2. On 1966 and later model vehicles, improper or unmarked glazing materials are used for specific positions (Refer to Additional Glazing Information following this section).

 

3. Non-transparent materials such as plywood, etc., are used to replace glass.

B. Left Front Window

B. Left Front Window

Inspect operation of window at driver’s left. Window must open readily even though the vehicle has approved turn signals. If equipped with power windows turn ignition on to test operation.

Window at driver’s left cannot be readily opened to permit arm signals. (Absence of glass in any window except the windshield is not cause for rejection.)

C. Stickers – Tinting

C. Stickers – Tinting

Inspect all glass for material or conditions that obscure driver’s vision; including stickers, posters, decals, signs, tinting, curtains and venetian blinds.

1. Windshield contains any sticker, decal or sign, except current stickers, decals or signs issued by a government agency and posted in the authorized shaded area.

2. Glazed surfaces contain any vision reducing material, except in shaded area.

3. Tinting material which do not confirm with the minimum requirements of the law.

(Refer to Additional Glazing Information following this section.)

D. Cracks – Chips – Discoloration

D. Cracks – Chips – Discoloration

Inspect windshield and all windows for cracks, chips, sharp edges and discoloration.

(Except in the shaded areas shown in Additional Glazing Information following this section.)

 

1. There is any scratched, discoloration or otherwise opaque area on the driver’s side of the windshield which exceeds the dimensions shown in Table 1.

 

2. There is any scratched, discoloration or otherwise opaque area on the passenger’s side of the windshield or any other window in the vehicle which exceeds the dimensions shown in Table 2.

 

3. There is any stone bruise or star chip greater than 13/16 inch (21 mm.) in diameter in the driver’s side of the windshield.

 

4. There is any stone bruise or chip greater than 1 ½ inches (38 mm.) in diameter in the passenger’s side of the windshield or any other window in the vehicle.

 

5. There are cracks in the driver’s side of the windshield of a total length greater than 5 inches (127 mm.)

 

6. There are cracks in the passenger’s side of the windshield or any other window in the vehicle of a total length greater than 8 inches (203 mm.).

 

7. There is a crack in the windshield or any window in the vehicle that allows one piece of glass to be moved with respect to the other.

 

8. The windshield or any window is broken (pieces missing) or has exposed sharp edges.

 

Additional Glazing Information

 

 

 

 

Table 1

 

Limiting Dimensions of Scratched, Discolored or Opaque Areas On Driver’s Side of Windshield

 

Area Width No Greater Than:

Limiting Length of Area Is:

Area Width No Greater Than:

Limiting Length of Area Is:

(Inches)

(Millimeters)

1/16

8 5/16

1

335

1/8

4 1/8

2

167

3/16

2 ¾

3

112

¼

2 1/8

4

84

5/16

1 11/16

5

67

3/8

1 3/8

6

56

7/16

1 3/16

7

48

½

1 1/16

8

42

9/16

15/16

9

37

5/8

13/16

10

33

11/16

¾

11

30

 

 

12

28

 

 

13

26

 

 

14

24

 

 

15

22

 

 

16

21

 

 

17

20

 

 

18

19

 

Table 2

 

Limiting Dimensions of Scratched, Discolored or Opaque Areas on Passenger’s Side of the Windshield and all Other Windows in Vehicle.

 

Area Width No Greater Than:

Limiting Length of Area Is:

Area Width No Greater Than:

Limiting Length of Area Is:

(Inches)

(Millimeters)

1/16

28 5/16

1

1140

1/8

14 1/8

2

570

3/16

9 7/16

3

380

¼

7 1/16

4

285

5/16

5 11/16

5

228

3/8

4 3/4

6

190

7/16

4 1/16

7

163

½

3 9/16

8

143

9/16

3 1/8

9

127

5/8

2 13/16

10

114

11/16

2 9/16

11

104

¾

2 3/8

12

95

13/16

2 3/16

13

88

7/8

2

14

81

15/16

1 7/8

15

76

1

1 ¾

16

71

1 1/16

1 11/16

17

67

1 1/8

1 9/16

18

63

1 3/16

1 ½

19

60

1 ¼

1 7/16

20

57

1 5/16

1 3/8

21

54

 

 

22

52

 

 

23

50

 

 

24

48

 

 

25

46

 

 

26

44

 

 

27

42

 

 

28

41

 

 

29

39

 

 

30

38

 

 

31

37

 

 

32

36

 

 

33

35

 

 

34

34

 

Body and Sheet Metal

 

General Instructions

 

1. Body components and sheet metal are subject to rejections if a condition exists which is hazardous to occupants, pedestrians or other vehicles.

 

2. The eight body and sheet metal inspection procedures covered in this section are as follows:

 

(1) External Rearview Mirrors

 

(2) Internal Rearview Mirror

 

(3) Windshield Wipers

 

(4) Windshield Washer

 

(5) Body Parts – Bumpers – Fenders

 

(6) Doors – Hood/Trunk

 

(7) Floor Pan

 

(8) Seats and Safety Belts

 

Tools and Equipment

 

Tools and equipment, if required, will be listed above each separate inspection.

 

(1) External Rearview Mirrors

 

Notes for Inspectors

 

1. All passenger vehicles manufacturer after January 1, 1968 and introduced into or sold in the U.S. are equipped with an adjustable, non-magnifying, left-hand exterior rearview mirror.

 

2. All passenger vehicles manufactured after January 1, 1968 and introduced into or sold in the U.S. are equipped with an adjustable, non-magnifying, exterior right-hand rearview mirror if the interior rearview mirror does not meet the field of view requirements of Federal Motor Vehicle Safety Standard No. 111.

 

3. Any exterior rearview mirror required by any other applicable law or regulation shall meet these inspection standards.

 

Procedure

Reject Vehicle If:

A. From the driver’s position, visually inspect exterior rearview mirrors for proper location and field of view.

 

 

1. Any mirror is missing from a vehicle originally equipped with one, or required to be equipped with one.

 

2. Mirror is obscured by a pillar or unwiped portion of windshield.

 

3. Mirror does not give a reasonably unobstructed field of view of the area to the rear and 8 feet (2.4 m.) outward to a point 35 feet (10.7 m.) behind the side of the vehicle at the driver’s position. (Partial obstruction by rear body or fender contours is permitted.)

 

4. Mirror surface is cracked, discolored, pitted, or clouded to the extent that any object within the required field of view (1.c., above) cannot be clearly seen.

B. Visually inspect exterior rearview mirrors for stable mounting, ease of adjustment, and sharp edges or points

B.

 

1. Mirror mounting is so loose that a set position cannot be maintained.

 

2. Mirror has sharp edges or points that could contribute to injury.

 

3. Mirror on the driver’s side is mounted so that it cannot be adjusted from the driver’s seated position.

 

(2) Interior Rearview Mirror

 

Procedure

Reject Vehicle If:

A. From the driver’s position, visually inspect interior mirror for proper mounting, location, cracks, sharp edges, ease of adjustment, clear view to the rear.

A. Proper Markings

 

1. Mirror is missing.

 

2. Mirror is loosely mounted or will not maintain a set adjustment.

 

3. Mirror does not provide a clear view of highway beginning at a point no greater than 200 feet to the rear.

 

4. Mirror does not give an unobstructed field of view at least 12 feet (3.7 m.) wide at a point 35 feet (10.7 m.) behind the driver’s viewing position. (Applies only to vehicles manufactured after Jan. 1, 1968.) Passenger side rearview mirror may be used in place of this requirement.

 

 

(3) Windshield Wipers

 

Notes for Inspectors

 

1. All vehicles produced after January 1, 1968, and introduced into or sold in the U.S. are equipped with wiper systems capable of operating at two or more speeds.

 

2. A cycle consists of blade movement from one extreme of the wiper pattern to the other and return.

 

3. The windshield must be free of insects, oil film or other foreign matter, and must be continuously wet when tested.

 

4. Advise vehicle owner or driver if wiping capability approaches minimum standards.

 

Tools and Equipment

 

1. Hose, or other source of clean water to test windshield wiper operation.

 

2. Watch with a sweep second hand for timing windshield wiper operation.

 

Procedure

Reject Vehicle If:

A. Visually inspect for satisfactory operation. Apply a small amount of water continuously to the wiped windshield surface during operation of the wipers. This may be accomplished by operation of the washer system, if installed. Count the number of cycles completed in one minute. If vacuum operated, engine must be idling and control full on.

A. Proper Markings

 

1. Vehicle has fewer wipers than originally installed.

 

2. Wipers on vehicles produced after Jan. 1, 1968, do not operate at two or more speeds.

 

3. On vehicles produced after Jan. 1, 1968:

a. The highest operating speed is less than 20 cycles per minute.

b. The low operating speed is less than 20 cycles per minute.

c. The difference between such low operating speed and the highest operating speed is less than 15 cycles.

 

4. On vehicles produced before Jan. 1, 1968, and equipped with electric, air or vacuum powered wipers:

a. The operating speed is less than 20 cycles per minute.

 

5. Blades smear or severely streak windshield after 5 cycles.

 

6. Blades do not completely clear water from wiped area.

B. Visually inspect for proper blade size.

B. Blade(s) are of improper size.

C. Inspect blades for damage, wear, aging, etc.

C. Blade edges are hard, cracked or damaged.

D. Inspect for damaged wiper arms.

D. Parts of arms are missing or damaged to the extent that performance is impaired.

E. Inspect for proper contact of blades with windshield. Raise arm 2 inches (5 cm.) away from windshield and release. Arm should return to original position and wiper blade should contact the windshield firmly. The arm should exert about 1 ounce of pressure for each inch of blade.

E. Arm fails to return to original position or blade fails to contact the windshield over the entire length of the blade.

 

(4) WINDSHIELD WASHER

 

Notes for Inspectors

 

1. Vehicles produced after January 1, 1968, and introduced into or sold in the U.S. must be equipped with windshield washer systems.

 

2. Advise vehicle owner or driver if fluid level is low.

 

Procedure

Reject Vehicle If:

A. Inspect for proper operation of hand or foot control, the location and amount of fluid delivered to the windshield surface. Windshield wipers should be in operation during the inspection.

A.

 

1. System fails to function.

 

2. System does not distribute fluid over the entire wiped area of the windshield within 5 wiper cycles.

 

(4) Body Parts – Bumpers – Fenders

 

Notes for Inspectors

 

1. The inspector shall walk completely around the vehicle and inspect exterior body parts, bumpers and fenders as indicated below.

 

2. All original equipment body parts, bumpers or fenders that have been modified or rebuilt in a manner that substantitally* changes their appearance or design, or have been replaced with an item that differs substantially in appearance or design from the original items, are subject to prior approval by the Territory of Guam.

 

3. Modified bumpers shall be:

 

a. Constructed of substantial material that will not shatter or split upon impact;

 

b. Firmly attached;

 

c. Free of sharp or protruding edges or points; and

 

d. Provide a horizontal contact face extending to the width of the body sheet metal, including fenders, at a height between 14 inches (35.5 cm.) and 22 inches (55.9 cm.) above a level road surface.

 

4. Modified fenders shall cover the width of the tire tread at the top of the wheel and extend for a distance around the perimeter of the tire to effectively suppress water spray from the tires'

 

Procedure

Reject Vehicle If:

A. Body Parts