Title 22 — Highways and Motor Vehicles

Any person who drives any vehicle upon a highway, road or place accessible to the public in a careless and imprudent manner without due regard for the width, grade, curves, corners, traffic, or other attending circumstances is guilty of careless driving a class C misdemeanor and …

Any person who drives any vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving a class B misdemeanor and shall upon conviction be sentenced accordingly. Whenever such reckless driving of a vehicle approximately …

The operation of a motor vehicle while persons are riding on the exterior thereof, or while persons are riding in the vehicle in a manner that their bodies extend beyond the interior portion of the vehicle, constitutes reckless driving and is punishable as under 22.0702. The floo…

Persons riding on the exterior of a motor vehicle, or in vehicles in a manner that their bodies extend beyond the interior portion of the vehicle, are guilty of a misdemeanor and are punishable by a fine of not more than $50, or imprisonment for not more than 30 days, or both. Th…

(a) Any driver of a motor vehicle who willfully fails or refuses to bring his vehicle to a stop, or who otherwise flees or attempts to elude a pursuing police vehicle, when given visual or audible signal by a police officer to bring the vehicle to a stop, is guilty of a class B m…

Whoever unlawfully and unintentionally causes the death of another person while engaged in a violation of any law applying to the operation or use of a vehicle or to the regulation of traffic shall be guilty of homicide when such violation is the proximate cause of the death. Any…

(a) Any person who, while under the influence of intoxicating liquor, any narcotic drug, or any other drug, to a degree which renders him incapable of safely driving, drives any motor vehicle upon any highway within American Samoa, or drives any boat within the Territorial waters…

Any person operating or driving a motor vehicle, boat or ship of any kind while under the influence of intoxicating liquor, and who, by reason of such condition, does any act or neglects any duty imposed by law, which act or neglect of duty causes the death of or bodily injury to…

The district court shall have original jurisdiction in all cases arising under this chapter. History: 1972, PL 12-65 § 1; amd 1979, PL 16-53 § 64. Amendments: 1979 Substituted reference to District Court for reference to traffic department of the trial division of the High Court.…

The purpose of this chapter is to provide a procedure for the adjudication of all vehicle code violations not amounting to a felony and those not taken before a magistrate as herein-before required or permitted. To this end the procedure established by the American Bar Associatio…

The procedure set forth in this chapter may be employed in lieu of all others for violations of this title not amounting to felonies. History: 1972, PL 12-65 § 1.

Except for felonies, a police officer at the scene of a traffic accident may issue a written traffic citation to any driver of a vehicle involved in the accident when, based upon his personal investigation, the officer has reasonable and probable grounds to believe that the perso…

Whenever any person is halted by a police officer for any violation of this title not amounting to a felony, he shall be taken without unnecessary delay before the next sitting of the district court in either of the following cases: (1) when the person demands an immediate appear…

Whenever any person is halted by a police officer for any violation of this title and is not required to be taken before the court the person shall, in the discretion of the officer, either be given a traffic citation or be taken without unnecessary delay before the next sitting …

(a) It is unlawful for any person to violate his written promise to appear given to an officer upon the issuance of a traffic citation, regardless of the disposition of the charge for which such citation was originally issued. (b) A written promise to appear in court may be compl…

(a) In the event of any violation of a provision of this title resulting in a misdemeanor or an infraction, proceedings may be instituted by the serving of a summons upon the violator. (b) The summons shall be signed by a police officer of American Samoa and shall be substantiall…

(a) The summons may be served by the delivery of a copy thereof to the defendant, or by affixing a copy thereof to the outside of the vehicle’s front windshield, if unoccupied. (b) The summons may be served by any member of the department of public safety, a police officer or any…

A summons lawfully issued under the provisions of this chapter may be answered by appearing before the close of business hours and within 7 business days from the date of the service, before the violations bureau in any case within the provisions of 22.0815 et seq. In such cases …

(a) In any instance in which the summons is not answered by appearance, plea and waiver before a violations clerk, the defendant shall answer the summons by appearing in court at the date and time indicated on the summons. (b) Before any offense shall be heard by the court, or an…

Upon the failure of any person to answer a summons issued pursuant to this chapter, a warrant for his arrest may issue. Such warrant shall be supported by sworn complaint as provided in 46.0802. History: 1972, PL 12-65 § 1.

Any person who willfully fails to answer a lawful summons issued pursuant to the provisions of this chapter is guilty of a misdemeanor, regardless of the disposition of the charge upon which the summons was originally issued. History: 1972, PL 12-65 § 1.

Evidence from radar or other electronic equipment used to check and record the speed of vehicles may be admitted as evidence in the prosecution of alleged motor vehicle violations. History: 1972, PL 12-65 § 1.

(a) The court may assess reasonable costs against any defendant who fails to appear and answer a lawful summons as provided in this chapter. (b) Such costs, when assessed, shall be segregated into a fund which shall be administered by the Chief Justice. (c) Such fund shall be use…

(a) The Chief Justice of the High Court, whenever he determines that the efficient disposition of the court’s business and the convenience of persons charged so requires, may constitute the clerk or deputy clerk of the High Court, or any other appropriate official of the governme…

(a) Any person charged with any misdemeanor traffic offense within the authority of the violations clerks may appear in person before a violations clerk and, upon signing a plea of guilty and waiver of trial, pay the fine established for the offense charged, and costs. (b) He sha…

No person who has been found guilty of or who has signed a plea of guilty to 3 previous traffic offenses in the current calendar year may be permitted to appear before a violations clerk unless the court shall, by general order applying to certain specified offenses, permit such …

(a) In addition to any fines or costs assessed under this chapter or imposed pursuant to this title, the Court shall impose a law enforcement costs offset fee of ten dollars ($10.00) per conviction of any violation of any section of this title or title 20. For the purposes of thi…

(a) “Vehicle” means any passenger car or other automobile or truck whether used for commercial, public, or private purposes. (b) “New vehicle” means a vehicle the title to which has never been transferred by a manufacturer, distributor, or dealer to an original purchaser. (c) “De…

(a) Every new vehicle sold to an original purchaser in the Territory must have affixed to a side window prior to the sale a disclosure document which contains the following information regarding that new vehicle: (1) certification that the motor vehicle conforms to all applicable…

(a) This chapter shall be enforced by the Director of the Consumer Protection Bureau. The Director is authorized to bring civil actions to enjoin violations of this chapter and recover money damages for such violations. (b) Any dealer who sells a new vehicle in the Territory to a…

In order to provide dealers in the Territory a fair opportunity to obtain for present new vehicles and order for future new vehicles the disclosure document, this act will take effect 120 days after approval by the Governor. History: 1985, PL 19-30 § 1.

No motor vehicle may be operated on any highway in American Samoa without a valid registration and vehicle license tags as required by this chapter. History: 1972, PL 12-65 § 1.

(a) Application for a motor vehicle license shall be made to the Commissioner on forms as the Commissioner may prescribe. (b) No motor vehicle license may be issued without: (1) payment of the prescribed motor vehicle license fee; (2) presentation of a valid inspection certificat…

License tags shall be displayed only on the vehicle for which they were issued, and in the following manner: (1) one firmly attached to the front and the other firmly attached to the rear of the vehicle at all times, which shall at all times be kept clean and plainly visible for …

All motor vehicle licenses issued under this chapter expire annually at times as designated by the Commissioner by rules in the interest of public safety. The Commissioner may allow up to 30 days’ grace period to obtain vehicle inspection certificates. History: 1972, PL 12-65 § l…

The following motor vehicles are exempt from the provisions of this chapter: (1) motor vehicles owned and operated by the Government of American Samoa or the Government of the United States; (2) motor vehicles validly licensed in any state, except that they are exempt only for a …

(a) A person who, with fraudulent intent, does any of the following, is guilty of a class D felony: (1) alters, forges or counterfeits a registration card, motor vehicle license application, license tag or insurance or inspection certificate; (2) has possession of or uses a regis…

(a) A person who is an active member of the United States military services in a jurisdiction that allows the serviceman to operate a motor vehicle with a foreign registration and license plates, may apply for and receive by mail a registration certificate and license plates or t…

Every vehicle upon a highway at any time from a half hour after sunset to a half hour before sunrise, during heavy rainstorms, or at any other times when there is not sufficient light to render clearly discernible any person or vehicle on the highway at a distance of 200 feet, mu…

Every vehicle must be equipped with at least 1, but not more than 2 stop lamps on the rear of the vehicle, which must display a red or amber light, or any color between red and amber, visible from a distance of not less than 200 feet to the rear in normal sunlight and which must …

(a) Whenever the load upon any vehicle extends, or any integral part of any vehicle projects, to the rear 4 feet or more beyond the bed or body of such vehicle, there must be displayed at the extreme end of the load or projecting part of the vehicle, at the times specified in 22.…

Any lighted head lamps on a parked vehicle must be depressed or dimmed. History: 1972, PL 12-65 § 1.

Every motor vehicle, including bicycles and all other conveyances used on a highway, not specifically required by this chapter to be equipped with lamps or other lighting devices, must at all times, as specified in 22.1101, be equipped with a lamp emitting a white or yellow light…

Any motor vehicle may be equipped with 1 or more backup lamps either separately or in combination with other lamps, but any such backup lamp or lamps shall not be lighted when the motor vehicle is in forward motion. History: 1972, PL 12-65 § 1.

Every school bus purchased after 1 September 1971, in addition to any other equipment and distinctive markings required by this chapter, must: (1) be equipped with signal lamps mounted as high and as widely spaced laterally as practicable, which shall be capable of displaying to …

(a) Every motor vehicle other than a motorcycle, when operated upon a highway, must be equipped with brakes adequate to control the movement of and to stop and to hold such vehicle, including 2 separate means of applying the brakes, each of which means shall be effective to apply…

(a) The brakes of a motor vehicle or combination of vehicles shall be deemed adequate if, on a dry, hard, approximately level stretch of highway free from loose materials, such brakes are capable of stopping the motor vehicle combination of vehicles, when operating at speeds set …

(a) Every motor vehicle, when operated upon a highway, must be equipped with a horn in good working order and capable of emitting sound audible under normal conditions for a distance of not less than 200 feet, but no horn shall emit an unreasonably loud or harsh sound. (b) The dr…

(a) Any motor vehicle on a highway must at all times be equipped with a muffler to prevent any excessive or unusual noise. (b) No muffler or exhaust system may be equipped with a cutout, bypass, or similar device, and no person may modify the exhaust system of a motor vehicle in …

Every motor vehicle must be equipped with a mirror located so as to reflect to the driver a view of the highway for a distance of at least 200 feet to the rear. History: 1972, PL 12-65 § 1.