American Samoa Administrative Code

Permits may be revoked, cancelled or otherwise terminated at any time without prior notice when: (a) A state of emergency is declared by the director or other proper authorities. (b) Natural or civil disturbances, including but not limited to, tsunamis, floods, earth. quakes, sto…

Failure to use a permit at the designated time and place, not due to an act of interference by the department shall not result in a refund or credit of fees previously paid, with the exception of the cleaning fee. History: Rule 17-87, eff 24 Dec 87, § 2.

Camping is only permitted within the territorial park system with prior approval. A permit is required. Authorization to camp at a certain area must be endorsed by the department on the permit. History: Rule 17-87. eff 24 Dec 87. § 2.

(a) No vehicle may be parked in a territorial park except in designated parking lots. No vehicle may be parked in a designated parking lot between the hours of 2: 00 a.m. and 5: 00 a.m. unless authorized by the department and endorsed on a valid permit. (b) The department is auth…

(a) No boats may be operated in a careless or reckless manner when within waters included in the territorial park system so as to endanger the life or property of any person. (b) No boats may be in any park for longer than an 8-hour period unless authorized by the department and …

The following general rules shall apply to all picnics and parties held at any territorial park, except as otherwise noted: (a) Any picnic site at a territorial park may be used on a first-come first-served basis. (b) Picnic and party groups with less than 50 persons: Picnic and …

These general rules shall apply to all persons using the Ili’ili golf course: (a) The maximum size of any party playing together is 5. (b) The minimum size of any party playing is 2. (c) All divits must be replaced as they are made by the person who made them. (d) No golfer may h…

The golf course is open from 6: 00 a.m. to 6: 00 p.m., 7 days a week. History: Rule 17-87. eff 24 Dec 87. § 2.

The following rules apply to use of golf carts leased from the department: (a) The maximum number of people that can ride on a cart at the same time is 2. (b) Carts are not permitted on the greens. (c) Carts may be used only by golfers and on the golf course. (d) Persons using a …

(a) The following fee schedule applies to use of the golf course: (1) Green Fees: (A) Daily Rates: (i)Weekdays: 9 holes $3.00 18 holes 5.00 (ii) Weekends: 9 holes $3.50 18 holes 7.00 (iii) Holidays: 9 holes $3.50 18 holes 7.00 (B) Monthly rates (per person) 30.00 (C) Yearly rates…

In addition to the prohibited activities set forth in the preceding sections of this chapter, the following activities are prohibited: (a) No person is authorized to allow private animals on the course. If animals are found on the course, department employees have the authority t…

These rules and regulations shall apply to temporary food concessions erected and operated in public parks under the control, management and operation of the department. History: Rule 17-87. eff 24 Dec 87, § 2.

These rules and regulations are promulgated for the following purposes: (a) to ensure that only bona fide nonprofit organizations are granted permits to operate temporary food concessions within territorial parks; (b) to ensure that the food sold from these concessions is fit for…

Nonprofit organizations desiring to sponsor and conduct food concessions on park property during authorized periods shall: (a) submit an application for temporary concession to the department after the applicant has received date and park assignment approval, but no earlier than …

The duration of all concession stands held in territorial parks shall be limited to 5 calendar days. History: Rule 17-87. eff 24 Dec 87. § 2.

The rules set out in this chapter are promulgated pursuant to authority granted the commerce commission by 19.0103, 19.0115, and 19.0206 ASCA. History: Comm. Commn. Regs. eff 1 Jan 73. Rep. 1.01.

The commerce commission interprets the interest of the Legislature in enacting chapters 19.01 and 19.02 ASCA to be the protection of the health, safety and general welfare of all those people of American Samoa or visitors to American Samoa who use commercial vehicles, either for …

The commerce commission hereby appoints the chief of police the authority to administer all examinations prepared or approved by the commission, sign the commercial driver’s permit when issued, or deny it with a written statement giving the reason or reasons for such denial, and …

The commerce commission views the relationship of the chief of police as the examiner of applicants for commercial drivers’ permits and the commerce commission as follows: (a) the commerce commission views its responsibility as one of promulgating rules for the implementation of …

When used in this chapter the words set out in this section shall have the following meaning: (a) “Bus” means any commercial vehicle having spaces for 6 or more adult passengers. (b) “Cargo vehicle” means any commercial vehicle used to haul goods or cargo for hire. (c) “Chief of …

Any 3 members at a commission meeting shall constitute a quorum. A majority of such quorum is sufficient to decide any matter before the commission. If the chairman is absent, one of the other members shall act as chairman. History: Comm. Commn. Regs. eff 1 Jan 73. Rep. 1.01.

(a) All violations of this chapter shall be punished in accordance with 19.0136 ASCA: “19.0136 Misdemeanors. Any owner, officer, agent or employee of any commercial carrier, and every other person who does any of the following is guilty of a class B misdemeanor: (1) violates or f…

A person shall not operate a commercial vehicle upon a highway without having first secured, and having in his immediate possession, a valid commercial driver’s permit. In addition, such driver must also have in his immediate possession a valid private driver’s license. History: …

All applications for a commercial driver’s permit shall be filed with the chief of police and he shall determine the fitness of each applicant in accordance with the qualifications, requirements and procedures set forth in this article, and shall approve or disapprove each applic…

Each applicant for a commercial driver’s license must be qualified as follows: (a) The applicant must be qualified to hold, and actually have, a private driver’s license issued by the police department, ASG. (b) Each applicant must be at least 21 years old and must have had 2 yea…

The chief of police, upon reasonable grounds, may make exceptions to the requirements of 19.0112 (d), (e), and (g) of this chapter. History: Comm. Commn. Regs., eff 1 Jan 73. Reg. 1.02; amd 2012, Rule 01-2012, eff 1 Oct 12. Amendments: 2012, added “of this chapter.” Amendments: 2…

Each commercial driver’s permit issued shall automatically end on 31 Dec of the year issued. Renewal application shall be made by the applicant on or before such date. The chief of police shall then cause a search of such applicant’s driving and criminal record to be made and may…

Failure of the applicant to successfully meet all the requirements of ASCA 19.0203 shall be grounds for denial of a commercial driver’s permit. Upon such denial, the chief of police shall advise the applicant, in writing, of the specific reasons for such denial. History: Comm. Co…

Denial by the chief of police or the commissioner of public safety of an application for a commercial driver’s permit may be appealed to the commission within 10 days of notice of such denial. The aggrieved applicant shall state the reasons for such appeal on a form provided by t…

Procedure for the hearing provided for in 19.0116 of this chapter shall be substantially as follows: (a) The chairman or acting chairman shall preside and shall state for the benefit of the members and the appealing party and his representative, attorney or witnesses: (1) the nam…

A person shall not operate a commercial vehicle upon any highway in American Samoa without first having obtained from the commission a certificate of convenience and necessity. History: Comm. Commn. Regs., eff 1 Jan 73. Reg. 1.02; amd 2012, Rule 01-2012, eff 1 Oct 12. Amendments:…

Procedures to determine if a service proposed to be rendered will promote the public convenience and necessity shall be as follows: (a) Applications, posting and service of notice shall be in accordance with 19.0116, 19.0117, and 19.0125 ASCA, as now in force or as hereinafter am…

The commission may award a franchise to a holder of a certificate of convenience and necessity if such franchise would, in the judgment of the Commission, have a material effect in the providing of commercial transportation with American Samoa. Such franchise shall be issued in c…

Each certificate of convenience and necessity shall automatically terminate on 31 December of the year issued. Renewal applications shall be made by the applicant upon forms provided by the commission and the applicant shall supply all required information. History: Comm. Commn. …

The revocation, suspension, or modification of a commercial driver’s permit or certificate of convenience and necessity shall proceed in accordance with 4.1036 ASCA, which provides for the giving of reasonable notice of facts or conduct which warrant the intended action and an op…

All hearings to revoke, suspend, or modify commercial driver’s permits or certificates of convenience and necessity shall be conducted in accordance with 4.1025 through 4.1029 ASCA, which provide as follows: (a) In a contested case, all parties shall be afforded an opportunity fo…

The decision or order of the commission in cases to revoke, suspend, or modify a commercial driver’s permit or certificate of convenience and necessity shall be in accordance with 4.1030 and 4.1031 ASCA, as follows: (a) A final decision or order adverse to a party in a contested …

The record of all hearings for revocation, suspension or modification of commercial driver’s permits or certificates of convenience and necessity shall be in accordance with 4.1032 ASCA, as follows: In a contested case, the record shall include: (1) all pleadings, motions, propos…

Judicial review of actions by the commission to revoke, suspend or modify commercial driver’s permits or certificates of convenience and necessity, shall be in conformance with relevant subsections of 4.1040 through 4.1044 ASCA, which provide as follows: (a) A person who has exha…

Nothing in this article shall be construed to limit the commission to actions to revoke, suspend or modify commercial driver’s permits or certificates of convenience and necessity when other judicial remedies are available, nor shall proceeding under this article be exclusive of …

A commercial vehicle shall not be operated upon any highway in American Samoa without having attached to the front and rear thereof a distinctive marking in the form of a license plate. History: Comm. Commn. Regs., eff 1 Jan 73. Reg. 1.02; amd 2012, Rule 01-2012, eff 1 Oct 12. Am…

There shall be a distinctive and separate numbering system for each class of vehicles designated as “bus”, “taxi”, or “cargo vehicle”. Such plates may have other markings which may designate a registration number year, the legend, “Territory of American Samoa”, as well as any oth…

The department of public safety is designated to prepare such license plates and attend to their distribution with approval of the commission. History: Comm. Commn. Regs., eff 1 Jan 73. Reg. 1.02; amd 2012, Rule 01-2012, eff 1 Oct 12. Amendments: 2012, changed “administrative ser…

(a) In addition to the application and renewal requirements under ASAC 19.0123 and ASCA 19.0116, the application fee to apply for and renew a Certificate of Convenience shall be twenty dollars and shall be paid at the time the application or renewal application is submitted. Fail…

The department of public safety is designated as the representative of the commission to collect fees for the issuance of any license plates or driver’s licenses issued pursuant to this chapter and to collect such other expenses as provided for under 19.0128 (a) and (b) ASCA and …

The following procedure will be followed in inspecting all commercial vehicles: (a) Denial of Safety Sticker. Failure to pass any of the following must result in the denial of a safety certificate: (1) In-station inspection on jacks: (A) Remove 1 rear wheel and 1 front wheel to c…

(a) Buses weighing less than three quarters (3/4) of a ton shall not operate commercially, except along the main road spanning from the canneries in Atu’u to the LBJ Hospital in Fagatogo. Such buses shall not deviate from the main road, except to go to LBJ Hospital. (b) For purpo…

All commercial vehicles shall be inspected at the time of original registration and licensing, each renewal registration and licensing, and during the sixth month between each registration and licensing. In addition, the commission may cause any commercial vehicle to be inspected…

Each commercial vehicle shall be reinspected by the commission subsequent to being involved in a traffic accident or being damaged in any way. History: Comm. Commn. Regs., eff 1 Jan 73. Reg. 1.02; amd 2012, Rule 01-2012, eff 1 Oct 12. Amendments: 2012, changed number from 19.0155…

(a) A person shall not operate a commercial passenger vehicle on the road or highway if any of the windows or windshield of the commercial passenger vehicle contain any sunscreening material that reduces light transmittance to any degree, including but not limited to, tint, windo…