(a) Unless a vehicle is impounded under § 3606 of Article 6, Chapter
3 of this Title 16, after performing a tow truck service, the person operating the tow truck business shall:

(1) complete a vehicle condition report, as defined in § 12101(f)
of this Chapter;

(2) within one (1) hour of arriving at the place of storage or impound of the vehicle, contact the law enforcement agency having jurisdiction over the area from which the vehicle was towed and notify the agency of the:

(A) location of the vehicle;

(B) date, time, and location from which the vehicle was removed;

(C) reasons for the removal of the vehicle;

(D) person who requested the removal of the vehicle; and

(E) vehicle’s description, including its identification number and license number; and

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(3) within seven (7) days of performing the tow truck service, make reasonable efforts via phone call to the last known phone number of the legal owner, registered owner, vehicle insurer and lienholder (obtained from the DRT Division of Motor Vehicles) and send a certified letter to the last known address of the legal owner, registered owner, vehicle insurer and lienholder, where applicable, of the vehicle (obtained from the DRT Division of Motor Vehicles), notifying them of the:

(A) location of vehicle;

(B) date, time, and location from which the vehicle was removed;

(C) reasons for the removal of the vehicle;

(D) person who requested the removal of the vehicle;

(E) vehicle’s description, including its identification number and license number;

(F) costs and procedures to retrieve the vehicle; and

(G) a copy of the vehicle condition report required by
Subsection (a)(1) of this Section.

(4) For purposes of this Section, the Division of Motor Vehicles shall, upon the presentation of a declaration made under penalty of perjury that a vehicle has been towed and taken into the possession of a tow truck business, provide tow truck businesses with the last known address and telephone numbers of the legal owner, registered owner, vehicle insurer, and lienholder, where applicable, of the vehicle in question. The tow truck business shall furnish the Division of Motor Vehicles with a copy of the notice sent pursuant to Subsection (a)(3) of this Section within seven (7) days via certified mail after the release of the addresses of the legal owner, registered owner, vehicle insurer and lienholder, where applicable.

(b) (1) The legal owner, registered owner, insurer or lienholder seeking the release of a vehicle that is lawfully towed is responsible for paying the towing, impound, and storage fees incurred by the tow truck business in towing, impounding, and storing such vehicle in order to obtain its release; provided, however, that if the tow truck business has failed to comply with the requirements of Subsection (a)(3) and

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Subsection (d) of this Section, all such fees shall be forfeited, and the vehicle shall be delivered to said legal owner, registered owner, or lienholder immediately upon demand.

(2) Any tow truck business or other person responsible for or authorizing the towing, impounding or storage of a vehicle relative to this Section, but failing to comply with Subsection (a)(3) and Subsection (d) of this Section shall be guilty of a misdemeanor, and shall be liable to the legal owner, registered owner, insurer or lienholder, where applicable, of said vehicle for an amount equal to three (3) times the damages incurred by them as a consequence of said failure, together with their costs of the suit and reasonable attorneys’ fees.

(c) A tow truck business which has towed a vehicle shall be liable for the cost of repair or replacement, as applicable, of the vehicle if the vehicle is damaged, destroyed or lost while in the custody of such tow truck business. Such tow truck business shall not be responsible for damage that occurred prior to the time of towing and documented by the vehicle condition report required by Subsection (a)(1) of this Section.

(d) After performing a tow truck service of a vehicle bearing the logo of the company of ownership, including, but not limited to, rental car businesses and car dealerships, the person operating the tow truck business shall within one (1) hour of arriving at the place of storage or impound of the vehicle, contact the company to which the vehicle belongs via phone call notifying it of the:

(1) location of vehicle;

(2) date, time, and location from which the vehicle was removed; (3) reasons for the removal of the vehicle;
(4) person who requested the removal of the vehicle;

(5) vehicle’s description, including its identification number and license number;

(6) costs and procedures to retrieve the vehicle; and

(7) a copy of the vehicle condition report required by Subsection
(a)(1) of this Section.

SOURCE: Added by P.L. 23-144:3 (Jan. 2, 1997), and amended by P.L. 32-092:5 (Nov. 27, 2013), effective 120 days after enactment. Subsection (a) amended by P.L.

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33-127:1 (Mar. 4, 2016). Subsection (b) amended by P.L. 33-127:2 (Mar. 4, 2016). Subsection (d) added by P.L. 33-127:3 (Mar. 4, 2016).

2016 NOTE: Subitem designations were added by the Compiler in subsection (b) and
(c) pursuant to authority granted by 1 Guam Code Ann. § 1606.

2014 NOTE: The amendment made by P.L. 32-092:9 (Nov. 27, 2013) would become effective 120 days after enactment. Within thirty (30) days of enactment, DRT was required to issue notices to all towing companies licensed on Guam. DRT was further required to deliver to the Speaker ofthe Guam Legislature, a list of the towing companies that were sent notices of this law and copies of said notice.