Mobile Phones, Distracted Driving, and Prohibited Conduct
Key Takeaways
- 16 GCA Sec. 3346 bans holding or using a mobile phone while driving, not just reading or sending messages
- Driving includes being temporarily stationary in traffic or at a traffic control device with the motor running
- Phone fines are not less than $100, not less than $500 for a repeat, and not less than $1,000 if the violation contributed to a collision
- Learner's permit and intermediate license holders cannot use the hands-free, ham radio, or CB exemptions under Sec. 3346(c)
- Windshield stickers are allowed only in a seven-inch square in the lower corner on the side away from the driver
Mobile Phones, Distracted Driving, and Prohibited Conduct
Quick Answer: Guam does not have a texting-only law. Under 16 GCA Sec. 3346 it is unlawful to read, write, or send electronic messages or to use or be holding a mobile phone while driving - and "driving" expressly includes sitting still in traffic or at a red light. Fines are not less than $100, not less than $500 for a repeat, and not less than $1,000 plus possible suspension or revocation if the violation contributed to a collision. Learner's permit and intermediate license holders get no hands-free exemption at all.
The full handheld ban
Section 3346(a) reaches two separate things: the content (reading, writing, or sending electronic messages) and the act of holding (using or being in possession of a mobile phone or similar electronic communications device). A driver holding a phone to their ear on a voice call violates the statute even though no message is read or typed.
The definition in Sec. 3346(a)(1) is where most drivers get caught out. "Driving" means operating a vehicle with the motor running, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. Waiting at the Route 1 lights with your foot on the brake is driving. The statute stops applying only when you have moved the vehicle to the side of, or off, a highway and halted in a location where the vehicle can safely remain stationary - and there the motor may be running or off.
The five exemptions, and who actually gets them
| Exemption | What it permits |
|---|---|
| (b)(1) Emergency calls | Calling law enforcement or other public emergency response services |
| (b)(2) | Repealed - the commercial-transportation carve-out was never enforceable |
| (b)(3) Hands-free | Bluetooth, hard-wired, or similar technology used only hands-free; if an earpiece is used, one earpiece only; medically prescribed hearing aids are not counted against that limit |
| (b)(4) Amateur radio | Two-way mobile radio with a current, valid FCC Amateur Radio Service license |
| (b)(5) CB and similar | Half-duplex devices only - one direction at a time, no full-duplex capability |
Now the twist that the handbook never mentions. Sec. 3346(c) limits exemptions (b)(2) through (b)(5) to "an individual with a valid Driver's License," and then defines that phrase against you: a Class A (Operator) or Class F (Motorcycle) Learner's Permit, and a Class A or Class F Intermediate License, do not constitute a Driver's License for this section. A 16-year-old intermediate licensee taking a hands-free Bluetooth call is violating Sec. 3346; the same call by a fully licensed adult is exempt. The emergency-call provision at (b)(1) sits outside that list.
Penalties - and the direction of the flip
| Violation | Fine |
|---|---|
| First violation | Not less than $100 |
| Repeat violation | Not less than $500 |
| Violation that may have contributed to a traffic collision | Not less than $1,000, and may result in suspension or revocation of driving privileges |
The 2011 handbook says a texting violation is punished "by a fine not to exceed One Hundred Dollars." Current law says not less than $100. That reversal - a ceiling turned into a floor - is one of the most likely trap answers you will meet, because both wordings contain "$100."
There is a statutory reason this material shows up on the test. Sec. 3346.1(d) requires DRT's Motor Vehicle Division to hand mobile-phone information to every applicant for a learner's permit, intermediate license, or driver's license, and directs that "Driver's license exams shall also test on the subject matter of mobile phone usage while driving." Rental companies and insurers carry the same notice duty.
Video screens in the passenger compartment
Under Sec. 3348 it is a violation to have a computer, television receiver, video monitor, television screen, video screen, or similar display showing entertainment or business content turned on at any point forward of the back of the driver's seat while the vehicle is in motion or in a lane of traffic. The fine is not to exceed $100. Exempt equipment: a vehicle information display, a GPS or mapping display, a display that enhances the driver's view forward, behind, or to the sides for maneuvering, and a mobile digital terminal fitted with an opaque cover so the driver cannot see it.
Obstructed view and overloading
The handbook's miscellaneous rules are short and very testable:
- You must not drive a vehicle so loaded with property or persons that you cannot see ahead, behind, or to the sides, or cannot control the vehicle.
- Stickers, signs, and posters are not permitted on the windshield, side windows, or rear window, with exactly two exceptions: within a seven-inch square in the lower corner of the windshield on the side away from the driver, and on the side windows behind the driver where they will not obstruct the clear view.
- Nothing may hang from above or be placed anywhere that obstructs or reduces the driver's clear view through the windshield area.
- It is unlawful for anyone to ride on any part of a vehicle not intended for passengers, such as the hood or other outside parts.
The rest of the prohibited-conduct list
- Horns are to be used only when it is reasonable and necessary for safe operation - not as a greeting and not to vent frustration.
- It is illegal to throw any lighted cigarette, cigar, or other flaming or flowing substance from your vehicle onto any street or highway. Use the ashtray.
- No person may throw or deposit on the highway any glass bottle, glass, nails, tacks, hoop wire, cans, or any other substance likely to injure a person, animal, or vehicle. Littering is illegal.
- Backing must always be done carefully; do not rely on a mirror alone to show you where you are going.
- Disaster sightseeing that interferes with police, firefighters, ambulance crews, or other emergency services at the scene is a misdemeanor.
- Eluding a police officer (Sec. 3301.1) - failing or refusing to stop and accelerating or taking other evasive action when a uniformed officer in a marked vehicle pursues you or gives a visual or audible command - is a misdemeanor, and the sentencing judge may suspend your license for a maximum of one year.
Bigger vehicle, bigger fine
Sec. 3347 stacks penalty enhancements on moving violations committed by operators of large vehicles - buses seating more than nine passengers, any vehicle towing another vehicle or a trailer, and any vehicle over 10,000 pounds. The enhancement is $100 for a first violation in a calendar year, $200 for a second, and $500 plus a misdemeanor for a third. If the violation involves property damage over $5,000 or bodily injury it becomes a third-degree felony; if it involves death or serious bodily injury it is not less than a second-degree felony. These amounts are in addition to the penalty for the underlying violation.
A driver is stopped in a line of traffic at a red light on Route 1, engine running, and picks up a handheld phone to take a personal call. Under 16 GCA Sec. 3346, what is the driver's status?