Bicycles, Mopeds, and Motorcycles on Guam

Bicycles, Mopeds, and Motorcycles on Guam

Quick Answer: Guam classifies two-wheelers by engine size, not by nickname. A motorized two- or three-wheeled vehicle of 149 cc or smaller that meets U.S. DOT street specifications may be operated on a Class A operator's license or higher, or on a motorcycle license; larger machines need the motorcycle endorsement (Class F), and no machine of 150 cc or smaller may be used to take a qualifying road exam. Minimum age to operate a moped is 15. No passenger under 12 on a motorcycle, scooter, or moped. Helmets are required for riders and passengers under 18, for any driver licensed to operate a motorcycle for less than three years, and -- under the Bicycle Safety Act of 2012 -- for every bicycle operator and passenger of any age.

Two-wheelers are a full topic area on the Guam written test (Section V of the handbook), and it is a topic where importing a mainland rule will cost you points. Guam's helmet law, its engine-size licensing line, and its sidewalk ban do not match any single U.S. state.

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What counts as what: Guam's engine-size line

The Guam Code rarely uses the word "moped" on its own. Its working phrase is "bicycle equipped with a motor," and Section 3305 groups the whole family together as "a motorcycle, scooter or moped, including a bicycle equipped with a motor." What actually separates one class from another is displacement.

16 GCA Section 3109(i) sets the line in two sentences:

1. No person may use a moped, scooter, or a motorcycle/motorbike with an engine size of 150 cc or smaller to take a qualifying road exam. You cannot prove you can drive a car on a scooter.
2. A driver may operate a motorized two- or three-wheeled vehicle on public roads with an engine size of 149 cc or smaller, provided that (a) the vehicle meets or exceeds U.S. Department of Transportation safety specifications for street operation, and (b) the driver possesses a valid Class A operator's license or higher, or a valid motorcycle operator's license.

Read together: the small scooters you see all over Tumon are legal on an ordinary operator's license as long as the machine is DOT street-legal -- but they cannot be your road-test vehicle, and they are not a license-free ride. Anything 150 cc and up requires the motorcycle credential.

Getting the motorcycle credential (Section 3101(o)). After passing an examination that includes an actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motorcycle, and satisfying the Certificate of Completion requirement, an applicant may have their operator's, chauffeur's, or motorcycle permit endorsed by the Director of Revenue and Taxation authorizing motorcycle operation on Guam highways. The Director may, at their discretion, accept evidence of a military motorcycle permit in lieu of the examination and endorsement. The handbook lists Motorcycle License as one of Guam's license types and states it is required for both civilians and military who intend to operate a motorcycle on Guam roads; the fee schedule in Section 3102 lists Motorcycle Class F at $25.

Visitors get the same 30-day clock as car drivers. Section 3101(o)(2) allows a person holding a valid motorcycle operator's license issued by another U.S. state or territory, or by a foreign country, to operate a motorcycle on Guam highways for a period not exceeding 30 days from the date of arrival.

Who may test you (Section 3101(p)), and who may not (Section 3101(q)). Motorcycle road/skills tests are administered by the Division of Motor Vehicles of the Department of Revenue and Taxation, or by up to five approved examining entities. An examiner must have held a valid motorcycle license for not less than five years, and the road course must be approved by the Director. Organizations engaged in the sale of motorcycles, scooters, or mopeds are ineligible to serve as examining entities.

Registration. The handbook's registration section is explicit that the requirement to register applies to motorcycles and bicycles equipped with a motor (mopeds, scooters) as well as cars, trailers, and dollies. Section V opens with the same point: "Mopeds are required to be registered and licensed under Guam law."

A nuance worth holding: the 15-year floor in Section 3306(c) ("no person less than 15 years of age shall operate a bicycle equipped with a motor") is what the handbook prints and what the test asks for, but Section 3109(i) separately conditions on-road operation on holding an operator's or motorcycle license -- and Guam's earliest learner's permit age is 15 years 6 months. Answer 15 on the exam; understand that the license requirement sits on top of it.

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Helmets: three separate Guam rules

This is the highest-value paragraph in the section, because Guam has three helmet rules and most study material only knows one.

1. Section 3305(a) -- age. Any driver under 18 and any passenger under 18 must wear a safety helmet meeting or exceeding U.S. Department of Transportation standards when riding on a motorcycle, scooter, or moped, including a bicycle equipped with a motor. This is the rule the 2011 handbook prints.
2. Section 3305(c) -- experience. In addition, any driver who has not been licensed to operate a motorcycle for at least three years must wear a DOT-standard helmet -- regardless of age. A 40-year-old who earned a motorcycle endorsement last year is required to wear one.
3. Section 27104(a) -- the Bicycle Safety Act of 2012. On any highway, street, or sidewalk it is unlawful for any person to operate or be a passenger on a bicycle unless that person wears a protective bicycle helmet of good fit, fastened securely upon the head with the straps. There is no age limit on this one. An approved helmet meets CPSC, ANSI, ASTM, or Snell standards, or is otherwise approved by the Governor's Highway Safety Representative.

Chapter 27 was added by P.L. 31-189 on February 27, 2012 -- eight months after the handbook's June 2011 revision -- which is why the handbook says nothing about it. It is current law.

Penalties differ sharply. A Section 3305 violation carries a fine of not less than $50 and not more than $500. A Chapter 27 violation is a civil penalty of $50 for an adult, and Section 27105(d) directs an officer to issue a warning for a first offense and a citation only for a second or subsequent offense, with no arrest or custody for a Chapter 27 violation alone. Section 27105(c) adds that failure to wear a helmet is not admissible as evidence in any civil trial.

Related restrictions:

• Section 3305(b): no passenger under the age of 12 on a motorcycle, scooter, moped, or bicycle equipped with a motor.
• Section 3305.1: selling or offering for sale a non-DOT helmet for use on a motorcycle, scooter, moped, or motorized bicycle is a petty misdemeanor.
• Section 3303: a motorcycle passenger may ride only on a seat securely fastened behind the operator and fitted with foot rests and hand grips, or in a sidecar designed to carry a passenger. Not more than one passenger on a motorcycle.
• Section 27104(b) and (f): a bicycle passenger weighing under 33 pounds or under 40 inches tall must be properly seated in and secured to a restraining seat, and no child under 1 year may be transported on a bicycle at all.

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Riding rules on the roadway

A bicycle is a vehicle. Section 3308 provides that while operated on any highway, a bicycle is considered a vehicle for all purposes of highway traffic operation regulations, and Section 27107(a) grants a rider all the rights and all the duties of a driver. The handbook says the same in plain language: obey all traffic signs and signals, yield the right of way to pedestrians, and signal your intent to turn.

• Position and direction. Ride as near to the right side of the roadway as practicable (Section 3307(a)), with due care when passing a standing vehicle or one proceeding in the same direction. Chapter 27 adds the sensible exceptions -- overtaking, preparing for a left turn, or avoiding fixed or moving objects, parked vehicles, pedestrians, animals, surface hazards, or a substandard-width lane. Ride with traffic, never against it.
• Single file. Section 3307(b) requires riding single file on a roadway; riding two abreast is permitted only on paths or parts of roadways set aside for the exclusive use of bicycles. (Section 27110(b) is more permissive -- up to two abreast if riders do not impede traffic and stay within a single lane -- but the handbook, which is the test's source, says ride single file with traffic.)
• Use the path if there is one. Section 3307(c): where a usable bicycle path has been provided adjacent to a roadway, riders must use the path and not the roadway. Certain paths may be posted to keep motorized bicycles off.
• Sidewalks. The handbook rule is flat: no person shall ride a bicycle or a bicycle equipped with a motor on any sidewalk. Section 3307(d) states the motorized half of that ban expressly.
• Speed. Section 3307(e): never ride faster than the posted speed limit or 30 mph, whichever is slower.
• Seats and loads. Ride only upon or astride a permanent, regular seat (Section 3306(a)); carry no more people than the bicycle is designed and equipped for, and only one person at a time on a motorized bicycle (Section 3306(b)). Section 27111 forbids carrying any package or article that keeps you from having at least one hand on the handlebars.
• No hitching a ride. Section 27109 prohibits attaching yourself or your bicycle to any vehicle on a roadway; a purpose-built bicycle trailer is fine. The handbook gives drivers the mirror instruction: do not let any cyclist hang onto your vehicle.
• Night equipment. Section 27112 requires a white front lamp visible at least 500 feet to the front and a red rear reflector visible from 50 to 300 feet to the rear (an added red rear lamp visible 500 feet is optional), plus brakes that stop the bicycle within 25 feet from 10 mph on dry, level, clean pavement. Section 27104(e) separately makes it unlawful to ride during evening hours without retro-reflective material on the bicycle or retro-reflective clothing or accessories.
• Penalties. Violations of Sections 3306 and 3307 are misdemeanors with a fine not to exceed $100; violations of Sections 27106 through 27112 are petty misdemeanors.
• Beaches. Section 3304 makes it unlawful to operate a motorcycle on any public beach posted with signs by the Chief of Police -- consistent with Guam's broader ban on driving and parking on beaches.

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What drivers owe riders, and Guam's own hazards

Section 27107(b): a driver overtaking a bicycle from behind must pass to the left of the bicycle at a safe distance until safely clear. Guam sets no numeric buffer -- do not answer "three feet" out of a mainland habit. The handbook adds the general duty: stay alert for pedestrians and bicyclists, give them room, and try to anticipate their movements.

The handbook closes Section V with hazards specific to riding on Guam. These show up as test items because they are unique to the island:

• Car doors that open suddenly into a rider's path.
• It is safest to dismount and walk a bicycle across busy intersections and bridges.
• Chuckholes and jumping curbs -- either can cause a loss of control, major injury, or death.
• Drain grates. Many of the island's drains are covered with grates whose bars are widely set and lie parallel to the direction of traffic. A narrow bicycle tire drops straight in. The handbook calls these "a terrible hazard to bicycle riders."
• For motorcycles, the handbook recommends using the headlight during all driving, both day and night.

Add the road surface itself: Guam's oil-rich coral-aggregate pavement polishes smooth, grows algae in the humid climate, and turns slick in the first minutes of a rain shower. Everything that makes a car slide makes a two-wheeler fall.