Title 22 — Highways and Motor Vehicles

(a) No person may drive any motor vehicle with any sign, poster or other nontransparent material upon the front windshield, side wings or side or rear windows which materially ob-structs, obscures or impairs the driver’s clear view of the highway or any intersecting highway. (b) …

The maximum engine size limits for motorcycles is 1200 cubic centimeters. History: 1972, PL 12-65 § 1;amd 1976, PL 14-21; 1979, PL 16-34 § 1; amd 1980, PL 16-59 § 1. Amendments: 1976 Section formerly provided that the governor was to determine “maximum horsepower limits”, and tha…

(a) It is unlawful for a person to operate a motorcycle or motor scooter on any public roadway in the Territory unless he and any passenger he carries on the vehicle wears: (1) a safety helmet on the head. securely fastened with a chin strap; (2) safety glasses, goggles, or a fac…

The provisions of this chapter relating to equipment required on vehicles shall not apply to implements of husbandry, road machinery, road rollers, farm tractors, motorcycles or motor-driven cycles, except as made applicable by this chapter. History: 1972, PL 12-65 § 1.

Only authorized emergency vehicles may be equipped with the following: (1) sirens or siren-like devices other than horns; (2) any red or blue light visible from the front center portion of any vehicle; (3) flashing lights other than turn signals or headlights and taillights used …

(a) No driver of a motor vehicle shall operate, or permit the operation of, any sound amplification system which can be heard outside the vehicle from 50 or more feet when the vehicle is being operated upon a highway, unless that system is being operated to request assistance or …

It is a class B misdemeanor for any person to drive or move, or for the owner to cause or knowingly permit to be driven or moved, on any highway, any vehicle or combination of vehicles in such unsafe condition as to endanger any person, or which does not contain those parts, or i…

No person may drive or move on any highway any motor vehicle, trailer, semitrailer, pole trailer, or any combination thereof, unless the equipment upon every vehicle is in good working order and adjustment as required by this title and unless the vehicle is in such safe mechanica…

(a) All motor vehicles must be inspected by the Office of Public Safety or a privately owned facility as authorized by the Commissioner and an official certificate of safety inspection and approval obtained for each vehicle as follows: (1) upon an original application for registr…

Uniform police officers may at any time, upon reasonable cause to believe that a vehicle is unsafe, is not equipped as required by law, or that its equipment is not in proper adjustment or repair, require the driver of such vehicle to stop and submit such vehicle to an inspection…

In the event any vehicle is found on any inspection not to meet all requirements as to equipment under this title, or to be in an unsafe condition, a notice of such deficiencies must be given to the driver. No person may thereafter operate such vehicle, except as may be necessary…

Every owner or driver, upon receiving a notice of deficiencies, shall remedy those deficiencies and within 10 days shall submit the vehicle for further inspection by the Office of Public Safety or a privately owned facility authorized by the Commissioner to make inspections. Hist…

If the deficiency cited is minor, that is, the vehicle can be operated on the highways of American Samoa without substantially endangering public safety and repair of the deficiency is unobtainable in American Samoa, then the registered owner of the deficient vehicle may apply to…

The commissioner is directed to determine which deficiencies shall be considered minor within the meaning of this chapter. Permission to operate a vehicle may not be granted by virtue of this chapter if the Commissioner determines that the operation of such vehicle will substanti…

(a) The Commissioner shall confiscate the registration and license tags of any motor vehicle: (1) which does not have a current certificate of safety inspection and approval; (2) which is not submitted for further inspection within 10 days after a notice of deficiencies is given …

Before any private vehicle may be used for commercial transportation, it must be inspected as provided in 22.1202 and the inspection fee must be paid. History: 1972, PL 12-65 § 1.

Fees for the inspection of motor vehicles by the Office of Public Safety shall be $8.00. A total of $7.00 of the fee paid for each inspection shall be placed in a revenue fund for the Department of Public Safety for law enforcement costs and maintenance and supplies for productio…

(a) For purposes of this chapter, the following definitions shall apply: (1) “ASEPA” means the American Samoa Environmental Protection Agency. (2) “Litter” means rubbish, refuse, waste materials, garbage, trash, offal, any dead animal, or any debris of any kind or description whe…

(a) A person shall not discard, throw, or place, or caused to be placed, without the permission of this Territory or the Federal Government, any litter of any kind on the right-of-way of any public road, highway, or other public place, or on land or water, owned, operated, or lea…

(a) A person shall not in any way tamper with or damage any litter receptacle so as to interfere with its designated purpose or to detrimentally affect its appearance. (b) A person shall not remove from its place any litter receptacle which the person does not own or for which th…

Litter receptacles shall be suitably located along the public highways of the Territory, village access roads, residential areas, in other public places, beaches, and park and recreation areas. The solid waste official, in consultation with the Director of Parks and Recreation sh…

Notwithstanding any other provision of law, every owner or operator of a commercial establishment in the Territory shall be responsible for providing and maintaining sufficient and suitable litter receptacles on his business premises. History: 1991, PL 22-16; 2001, PL 27-8.

(a) Littering, or violation of any provision of this chapter, is an infraction punishable under the following schedule of fines, at the discretion of the district court: NO LESS THAN and NO MORE THAN First Offense… $50.00 $100.00 Second Offense.. $100.00 $200.00 Third Offense…. $…

(a) This chapter shall be enforced by issuance of written traffic citations and according to the rules of the violations bureau and the district court, in accordance with chapter 8 of this title. (b) The following individuals may issue and serve citations for violations of this c…

The provisions of this chapter shall not in any way preempt or diminish the present powers and duties of the solid waste official and the Directors of ASEPA and health with regard to enforcement of public health laws dealing with solid and industrial waste under chapter 20, title…

If any provisions of this chapter or its application to particular persons or circumstances is held invalid by a court of law, the application of such provision to other persons or circumstances shall not be affected, nor shall the remainder of the provisions of this chapter by a…

For the purposes of this chapter: (a) “Junked” means incapable of being licensed for operation on the roads and highways in the Territory of American Samoa according to law. (b) “Person” means any natural person, corporation, partnership or joint venture, or any combination or gr…

(a) In order to keep American Samoa clean and thereby promote tourism, it is unlawful for any person to have in his or her possession any junked vehicle. (b) Any person who violates this section shall be fined from $10 to $500. (c) After notice of violation has been filed in cour…

Prior to any prosecution under this chapter, the Attorney General of American Samoa must, by his personal affidavit filed with the district court, certify that the person against whom the criminal action has been filed has been given 10 days written notice of the violation and ha…

The Chairman of a corporation’s Board of Directors, the President of the corporation, any officer of the corporation, a local resident manager, or a local person in control of the corporation’s interests are subject to prosecution and liable for all fines in the event of a convic…

Licensed garage operators are exempt from the operation of this section, providing their junked vehicles are stored in such a manner that they cannot be seen from the highway. History: 1972, PL 12-65 § 1.

As used in this chapter unless the context clearly requires otherwise, the following meanings apply: (a) “Director” means the head of the Bureau of Consumer Protection, in the Department of Legal Affairs. (b) “Retailer” means any individual, partnership, corporation, firm, societ…

The Director may delegate the responsibility for carrying out any of the duties assigned him by this chapter to another person within the Bureau of Consumer Protection. History: 1970, PL 11-112; amd 1983, PL 18-15 § 2. Amendments: 1983 Amended to specify the person delegated to m…

(a) A retailer who sells any new vehicle shall maintain a supply of vehicle parts sufficient to insure the normal operation of the vehicle. (b) The retailer shall maintain the supply of vehicle parts for at least 5 years after the year in which he sells any such new vehicle. Hist…

(a) A person who is not able to purchase a vehicle part from a retailer may certify that fact in writing to the Director. (b) If the certificate specifies the name of the prospective purchaser, the name of the retailer and the part not in stock, the Director shall order an invest…

(a) A motor vehicle may not be boarded for shipment on any vessel or aircraft leaving the Territory unless the person in possession of the motor vehicle produces legal ownership documents and a written authorization for shipment from the Commissioner of Public Safety. Such docume…

As used in this chapter, unless the context clearly requires otherwise: (1) “Customer” means any natural person or persons, corporation, trust, partnership, incorporated or unincorporated association, and any other legal entity, and includes a person authorized by the customer to…

Upon request of the customer and before the commencement of repairs, the shop shall provide the customer with a copy of a dated repair order legibly describing the repairs to be performed. The shop shall record the odometer reading of the customer’s motor vehicle on the repair or…

Before the commencement of repairs, the shop shall provide the customer with a price estimate for the repairs and an estimate of when the repairs will be completed. The repair price and completion date estimates shall be made in good faith by the shop and may not be exceeded exce…

The shop shall post a conspicuously located and readable sign which states in English and Samoan: “You are entitled to a price and completion date estimate for the repairs you authorize before the repairs are begun. This price and completion date estimate will not be exceeded if …

No shop may charge for making a repair price estimate unless, before making the estimate, the shop discloses to the customer the amount of the charge, or, if the amount cannot be determined, the basis on which the charge will be calculated. No shop may impose, or threatened to im…

(a) If the shop has given the customer a price and completion date estimate for the repairs and either the price or completion date or both of them will exceed the estimate, the shop shall call or contact the customer before continuing with the repairs and shall provide the custo…

Parts from a customer’s motor vehicle which are replaced by the shop shall be returned to the customer if they are requested by the customer at the time the repair order is taken. Parts which must be returned to the manufacturer because of a warranty or exchange agreement need no…

The shop shall provide every customer, at the time the customer retakes possession of the motor vehicle, with a copy of a dated invoice detailing the costs of all parts and labor involved in the repair and any warranty or guarantee on the repairs, and identifying all parts replac…

(a) In addition to acts prohibited above, no shop implication may misrepresent directly or by implication: (1) the cost of repairs authorized by the customer; (2) the terms or conditions of a warranty or service agreement; (3) that repairs are necessary; (4) that repairs have bee…

The following statement shall be conspicuously printed in English and Samoan, either on the invoice or on another form given to every customer for whom the shop performs repairs: “Motor vehicle repair trade practices are regulated by American Samoa Code Annotated 22.1701 et seq. …

A shop shall maintain repair records and invoices for parts purchased by the shop. The records shall be available for reasonable inspection by the Director or designee and shall be retained for at least 2 years. History: 1986, PL 19-54 § 1.

As used in this chapter: (a) “Certificate of insurance” means a written certificate of any insurance carrier duly authorized to do business in American Samoa, certifying that there is in effect a motor vehicle liability policy for the benefit of the person required to furnish pro…

In order to control and regulate travel on the public highways and to provide for the public safety, effective 1 July 1967, no vehicle may be or continue to be registered in the name of any person unless that person files with the Director of Administrative Services a certificate…

An owner’s policy of liability insurance: (1) shall designate by explicit description or appropriate reference all vehicles with respect to which coverage is thereby to be granted; (2) shall insure the person named therein and any other person who uses the vehicle or vehicles wit…