Title 19, Transportation

As used in this title unless the context otherwise requires, the following meanings apply: (a) “Commercial carrier” means a person operating a commercial means of conveyance on or between the islands of American Samoa, excluding aircraft, vessels, or a tramway. (b) “Commercial ve…

(a) The Commerce Commission shall consist of the Director of Developmental Planning and 4 members appointed by the Governor with the advice and consent of the Senate. (b) Of the appointed members, one shall be from the Eastern District, one from the Western District, and one from…

(a) The Commission is vested with the power and authority, and it is its duty to: (1) fix or approve the rates, fares, charges, classifications and rules pertaining thereto, of each commercial carrier; (2) regulate and supervise the accounts, schedules, and service of each commer…

The Department of Public Safety may prescribe and enforce safety regulations for the operation of commercial carriers and require a periodic inspection of the equipment of every commercial carrier from the standpoint of enforcement of safety regulations. Such equipment shall be a…

All charges made by any commercial carrier for any service rendered or to be rendered in the public transportation of passengers or property, or in connection therewith, shall be just, reasonable and nondiscriminatory, and every unjust, unreasonable or discriminatory charge for s…

It is unlawful for any commercial carrier to operate or furnish public service within American Samoa without first having obtained from the Commission a certificate declaring that public convenience and necessity require such operation. History: 1972, PL 12-65 § 1. Amendments: 19…

(a) The Commission shall issue a tentative certificate upon finding that the service proposed to be rendered will promote the public convenience and is a necessity. (b) Such certificate shall remain tentative in nature for a period of 20 days. (c) The issuance of a tentative cert…

No certificate of convenience and necessity shall be issued until the applicant has made a satisfactory showing as to his financial ability to carry out any terms and conditions imposed. History: 1972, PL 12-65 § 1.

When the certificate is granted, the Commission may attach to the exercise of the rights therein conferred such terms and conditions as in its judgment the public convenience and necessity may require, which shall include the right and duty to transport newspapers. History: 1972,…

The Commission may, for just cause, at any time alter, amend or revoke any certificate issued. History: 1972, PL 12-65 § 1.

The Commission shall adopt rules governing the procedure to be followed in the filing of applications and the conduct of hearings. History: 1972, PL 12-65 § 1.

All applications shall be in writing and, in addition to any other information required, shall contain the following: (1) the name of the individual, firm or corporation making the application; (2) the principal office or place of business of the applicant; (3) a schedule setting…

Upon the issuance of a tentative certificate, the Commission shall post notice of such issuance on the bulletin board at the police barracks. History: 1972, PL 12-65 § 1.

Any person, firm, corporation, village, or agency of the government whose rights or interest may be affected shall have the right to make written objections to the issuance of a permanent certificate. Any objection must be filed within 10 days of posting of notice of the issuance…

Upon the close of the 10-day period for the filing of objections, the Commission shall set and give notice of a date for a hearing upon merits. Such date shall be within 1 week of the close of the 10-day period, and the hearing shall be held at the courthouse of the High Court un…

The Commission shall consider the application and any objections filed thereto, and may hear testimony to aid in determining the propriety of granting a permanent application. History: 1972, PL 12-65 § 1.

Appeal may be taken from the decision of the Commission, by the applicant or any party who appeared in opposition to the applicant, to the High Court, within 30 days from the time and decision was rendered, by giving at least 10 days’ notice to the Commission, to be served on its…

Upon appeal being taken, the Secretary of the Commission shall make and certify a transcript of all papers, records and proceedings in connection with such application and hearing and shall file the same with the clerk of the High Court within 10 days following the taking of such…

Upon the completion of the hearing, the Commission may issue an order to grant a permanent certificate, or an order to revoke the tentative certificate. It shall then forward such order to the Department of Administrative Services for further action. History: 1972, PL 12-65 § 1.

(a) The applicant shall pay all costs and expenses of the hearing and any necessary preliminary investigation in connection therewith before a permanent certificate shall be granted. (b) The Commission may require the applicant to deposit with it, at the time the application is f…

The appeal shall be submitted upon the transcript of the evidence and the record made before the Commission. The court shall either affirm or reverse the order of the commission in accordance with the provisions for appeal found in the Administrative Procedure Act. 4.1001 et seq.…

No certificate of convenience and necessity shall be sold, transferred, leased, or assigned until the commercial carrier has operated thereunder for at least 70 days of continuous service, nor shall any contract or agreement with reference to or affecting any such certificate be …

For the violation by any commercial carrier of any provision of this title relating to commercial vehicles or of any rule or regulation promulgated thereunder, the Commission may, in addition to other penalties herein provided, revoke and cancel the certificate of such commercial…

After a uniform system and classification of accounts is prescribed under paragraph (a)(3) of 19.0103, commercial carriers shall use no other. History: 1972, PL 12-65 § 1.

(a) All owners of commercial vehicles shall carry public liability insurance on their vehicles in an amount established by the Commerce Commission. (b) A violation of this section is punishable as a class A misdemeanor. History: 1972, PL 12-65 § 1; amd 1981, PL 17-15 § 2.

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 fails to comply with, or who procures, aids or abets in the violation of, any provision of this title or Title…

In addition to any other penalties and disabilities prescribed by this chapter, the Commerce Commission shall impound the vehicle or vehicles owned by any commercial carrier under the following circumstances and for the following length of time: (1) upon conviction of any offense…

Every commercial vehicle shall be maintained in a safe and sanitary condition at all times and shall be at all times subject to inspection. History: 1972, PL 12-65 § 1.

No commercial vehicle may be filled with gasoline, diesel, or other fuel or otherwise serviced with passengers on board the vehicle. History: 1979, PL 16-7 § 1; amd 1979, PL 16-50 § 1.

Every driver of a commercial vehicle shall be at least 21 years of age, in good physical condition, of good moral character, fully competent to operate the commercial vehicle under his charge, and hold a private driver’s license and a commercial driver’s permit. History: 1972, PL…

Passengers shall not be permitted to ride on the running boards, fenders, or on any other outside part of passenger-carrying commercial vehicles. History: 1972, PL 12-65 § 1.

There shall be attached to each commercial vehicle such distinctive markings or tags as shall be prescribed by the commission. History: 1972, PL 12-65 § 1.

The Commission shall promulgate such other safety rules and regulations as it may deem necessary to govern and control the operation of commercial vehicles upon the highways and the maintenance and inspection thereof. History: 1972, PL 12-65 § 1.