HIGHWAYS
AND MOTOR VEHICLES
Chapters:
01 Definitions-Penalty-Administration
10 Vehicle Licensing and Registration
15 Replacement Parts for Vehicles
16 Motor Vehicles-Shipment Out of Territory-Regulate
18-19 (Reserved)
51 Public Roads
Chapter 01
DEFINITIONS-PENALTY-ADMINISTRATION
Sections:
22.0101 Definitions.
22.0102 Violation a misdemeanor-Penalty.
22.0103 Provision
for felony-Penalty.
22.0101 Definitions.
The
following words and phrases shall, for the purposes of this title, have the
following meanings, except when the context otherwise requires:
(1) “Alley” means a street or highway intended
to provide access to the rear or side of lots or buildings in urban districts and not intended for the purpose of
through vehicular traffic.
(2) “Bicycle” means a device propelled by human
power upon which any person may ride, having 2 tandem wheels either of which is
more than 14 inches in diameter.
(3) “Chief’ means the Chief of Police or his
designee.
(4)
“Commissioner” means the Commissioner of Public Safety in
(5) “Crosswalk”
means that part of a roadway at an intersection
included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured
from the curbs or in the absence of curbs, from the edges of the traversable
roadwalk; or any portion of a roadway at
an intersection distinctly
indicated for pedestrian crossing by lines or other surface marking.
(6) “Dealer” means every person engaged in the business of buying, selling or
exchanging vehicles, who has an established place of business for such purpose
in this Territory.
(7) “Driver” means every person who drives or is in actual physical control of a
vehicle.
(8) An “authorized emergency vehicle” is a police, fire or ambulance vehicle,
or an emergency repair vehicle of the Department of Public Works, or any other
vehicle specified by the commissioner, equipped with emergency flashing lights
and other equipment required by the commissioner.
(9) “Governor” means the Governor of American
Samoa.
(10)
“Highway” means the entire width between the boundary lines of every publicly
maintained way when any part thereof is opened to the use of the public for the
purpose of vehicular travel.
(11)
“Intersection” means the area embraced within the prolongation or connection of
the lateral curblines or if none, then the lateral boundary lines of the
roadways of 2 highways which join one another at, or approximately at, right
angles, or the area within which vehicles traveling upon different highways
joining at any other angle may come in conflict.
(12) “License tag” means that visible material
required by the Treasurer to be affixed to a motor vehicle for purposes of
evidencing that such vehicle is validly licensed in accordance with the laws of
American Samoa.
(13) "Motorcycle" means every motor vehicle
having one or more seats for the use of one
or more riders and designed to travel on not more than 3 wheels in contact with
the ground. No distinction shall be made between motorcycles and motor-driven
cycles or motorbikes.
(14) “Motor vehicle” means every vehicle which is
self-propelled, including motorcycles, track and road tractors, trucks,
forklifts, except where specific exception is made.
(15) “Moving
traffic offense” means any manner of operating a moving motor vehicle which is
prohibited by this title, excluding serious traffic offenses.
(16) “Nonresident” means not a permanent resident.
(17) “Official
traffic-control devices” means all signs, signals, markings and devices not
inconsistent with this title, placed or erected by authority of a public body
or official having jurisdiction, for the purpose of regulating, warning or
guiding traffic.
(18) “Owner” means a person, other than a
lienholder, having the property in or title to a vehicle. This term includes a
person entitled to the use and possession of a vehicle subject to a security
interest in another person, but excludes the lessee under a lease not intended
as security.
(19) “Park or
parking” means the standing of a
vehicle, whether occupied or not, otherwise than temporarily, for the purpose
of and while actually engaged in, loading or unloading merchandise or
passengers.
(20) “Pedestrian” means any natural person on foot.
(21) “Person” means every natural person, firm,
copartnership, association or corporation.
(22) “Police officer” means every officer authorized
to direct or regulate traffic or to make an arrest for violation of traffic
regulations.
(23) “Registration” means the registration
certificates issued under the laws of this Territory and pertaining to the
registration of vehicles.
(24) “Right-of-way” means the right of one vehicle
or pedestrian to proceed in a lawful manner in preference to another vehicle or
pedestrian approaching under such circumstances of direction, speed, and
proximity as to give rise to danger of collision unless one grants precedence
to the other.
(25) “School
bus” means every motor vehicle which complies with the provisions of this title
and is used to transport children to or from school or in connection with
school activities.
(26) “Serious traffic offense” means any offense
enumerated in 22.0701 et seq.
(27) “Sidewalk” means that portion of a highway
between the curblines, or the lateral lines of a roadway, and the adjacent
property lines, intended for use by pedestrians.
(28) “Stand or standing” means the halting of a
vehicle, whether occupied or not, otherwise than temporarily for the purpose
of and while actually engaged in receiving or discharging passengers.
(29) “Stop” when required means complete cessation
of movement.
(30) “Stop or stopping” when prohibited means any
halting, even momentarily, of a motor vehicle, whether occupied or not, except
when necessary to avoid conflict with other traffic or in compliance with the
directions of a police officer or traffic-control sign or signal.
(31) “Territory” means the
(32) “Treasurer” means the Treasurer of the Government
of American Samoa.
(33) “Vehicle”, where not referring to motor
vehicle, means any conveyance or device in, upon or by which any person or
property is or may be transported upon a highway.
Amendments: 1977 Subsections (3) and (15): added.
1980 Subsection (14): added “track and road tractor, trucks, forklifts”.
22.0102 Violation a misdemeanor-Exceptions-Penalty.
(a) It
shall be a class B misdemeanor for any person to violate any provision of this
title unless such violation is punishable as an infraction or a felony under
this title or other law of this Territory.
(b) Unless
another penalty is by this title or other law of this Territory provided, every
person convicted of a misdemeanor for the violation of any provision of this
title shall be punished by a fine of not more than $500, or imprisonment for not more than 6 months, or both.
History: 1972, PL 12-65 § 1; amd 1980, PL 16-90 § 56;
2001, PL 27-8.
Amendments: 1980 Amended to conform with penalties provided for in Title 46,
Criminal Justice.
22.0103 Provision for felony—Penalty.
If any person is convicted of a violation of any
provision of this title, and this title or other law of this Territory declares
such violation to constitute a felony, such person shall, unless another
penalty is provided by this title or other law of this Territory, be punished
as for a class D felony.
History: 1972, PL 12-65 § 1; amd 1980, PL 16-90 § 57.
Amendments: 1980
Amended to conform with penalties provided for in Title 46, Criminal Justice.
Chapter 02
DRIVER’S LICENSE
Sections:
22.0201 Requirement-Exceptions.
22.0202 Types
of licenses-Learner's permit
22.0203 License qualifications-Establishment.
22.0204 Operator’s license.
22.0205 Learner’s permit.
22.0206 Qualifications for school bus driver’s permit.
22.0207 License application-Issuance and contents-Fees.
22.0208 License fees.
22.0209 Expiration and renewal of driver’s licenses.
22.0210 Possession and display of license or permit.
22.0211 Suspension or revocation for driving under the influence.
22.0212 Suspension or revocation for careless driving, or fleeing from or attempting to elude police officer.
22.0213 Suspension or revocation for reckless driving or homicide by vehicle.
22.0214 Suspension or revocation for offenses not specifically provided
for.
22.0215 Suspension
or revocation by discretion of court.
22.0216 Conviction defined.
22.0217 Surrender
of suspended or revoked license-Notation on reissued or new license.
22.0218 Suspension of provisional driver’s license.
22.0219 Driving while license is suspended.
22.0220 Cancellation of license.
22.0221 Reexamination of licensees.
22.0222 Misdemeanor.
22.0223 Felony driving while license is suspended.
22.0201 Requirement-Exceptions.
(a) No person may operate any motor vehicle in
(b) The
following persons, if over the age of 18 years, are exempt from the licensing
requirements of this section:
(1) a
nonresident on active duty in the armed forces of the United States who has a
valid license issued by his home state, and such nonresident’s spouse or
dependent son or daughter who has a valid license issued by such person’s home
state;
(2) a
nonresident who has in his possession a valid driver’s license issued to him by
another jurisdiction may operate a vehicle in
History: 1972, PL 12-65 § 1.
22.0202 Types of licenses-Learner’s permit.
(a) Only 2
types of driver’s licenses shall be issued
in
(b) A
learner’s permit shall be considered a driver’s license for purpose of
authorizing a person to operate a motor vehicle in
(c) The
issuance of any licenses to operate motor vehicles in the
The requirements of this subsection shall apply to
commercial driver’s permits.
History: 1972, PL 12-65
§ 1.
22.0203 License qualifications-Establishment.
The Commissioner shall establish such qualifications as
he believes reasonably necessary for the safe operation of the various types,
sizes and combinations of vehicles and shall appropriately examine each
applicant to determine his qualifications according to the type of license applied
for.
History: 1972, PL 12-65
§ 1.
22.0204 Operator’s license.
(a) No
person may be permitted to obtain an
operator’s license before reaching the age of 18 unless he has successfully
completed an approved course in driver’s education. Persons who have
successfully completed an approved course in driver’s education may obtain
their operator’s license at age 16.
(b) The
applicant for an operator’s license must provide legal proof of age and
identification such as a birth certificate or passport.
(c) The
applicant must pass examinations on the traffic rules and traffic signs of
(d) The
applicant must pass a road test.
(e) The
applicant must pay the required fees.
(f) The
parent or guardian of all applicants under the age of 18 shall:
(1) submit
written consent to the Office of Motor Vehicles before issuance of an operator
s license; and
(2) be
financially responsible at all times for the operation of the vehicle by the
applicant.
(g) Persons
who hold a valid driver’s license from another jurisdiction may be issued an
American Samoa operator’s license by producing that license for inspection at
the Office of Motor Vehicles or, if the license is not available, then a
letter from the Department of Motor Vehicles in that jurisdiction stating that
the driver’s license has not been canceled and is not currently suspended shall
suffice. For purposes of this paragraph,
"jurisdiction" means places other than
History: 1972, PL 12-65 § 1, 1978, PL 15-108 § 2.
22.0205 Learner’s permit.
(a) No
person may be permitted to obtain a learner’s permit before reaching the age 18
provided that persons enrolled in driver education may obtain their learner’s
permit at age 16.
(b) The
applicant for a learner’s permit must provide proof of age and identification
such as birth certificate or passport.
(c) The
applicant must pass examinations on the traffic rules and traffic signs of
(d) The
applicant must pay the required fees.
(e) While
learning to operate a motor vehicle on the public roads, the learner shall be
in possession of his learner’s permit and shall be accompanied by a
competent, licensed driver in the front seat.
(f) The
parent or guardian of all learners under the age of 18 shall:
(1) submit
written consent to the Office of Motor Vehicles before issuance of a learner’s
permit; and
(2) be financially
responsible at all times for the operation of the vehicle by the learner.
(g) Any
person, regardless of previous driving experience, who does not qualify for a
private driver’s license, shall be licensed to drive in American Samoa as a
provisional driver; provided, that no provisional driver’s license shall be
issued to any person unless he:
(1) is 18
years of age or more;
(2) has
successfully completed examinations designed to test his driving skill and
knowledge of the provisions of this title;
(3) has
paid all driver’s license fees; and
(4) has
otherwise complied with the applicable provisions of this title.
History: 1972, PL 12-65 § 1; 1978, PL 15-108 § 1.
22.0206 Qualifications for
school bus driver’s permit.
(a) No
person under the age of 21 years may drive any school bus transporting school
children.
(b) The
Commissioner shall not issue a permit for the driving of a school bus carrying
children unless the applicant has had at least one year of driving experience
prior thereto and the Commissioner is fully satisfied as to the applicant’s
good character, competency, and fitness to be so employed.
History: 1972, PL 12-65 § 1.
22.0207 License application-Issuance and contents-Fees.
(a) Application
for a driver’s license shall be made to the Commissioner on such forms as are
prescribed by the Commissioner.
(b) The
Commissioner shall issue to every applicant qualifying there for a driver’s
license indicating the type or general class of vehicles the licensee may
drive, which license shall bear thereon a distinguishing number assigned to the
licensee, the full name, date of birth, residence address and a brief
description and a photograph of the licensee, and either a facsimile of the
signature of the licensee or a space upon which the licensee shall write his
usual signature with pen and ink immediately upon receipt of the license, and
such other information as is determined necessary by the Commissioner.
(c) No
license may be valid until it has been signed by the licensee.
(d) A
license shall be issued to a person only under the name of that person as shown
on his social security card.
History: 1972,
PL 12-65 § 1.
22.0208 License fees.
(a) The
following license fees are established:
(1)
3-year motor vehicle Private driver license, $12.00;
(2)
6-month learner’s permit
$5.00;
(3) Visitor permit, $9.00;
(4) Provisional driver license, $9.00;
(5) Commercial
driver license, $8.00;
(6) Renewal
of Private driver license, $12.00;
(7) Renewal
of Commercial driver license, $8.00;
(8) Duplicate
Provisional driver license, $6.00;
(9) Duplicate
Private driver license, $6.00;
(10) Duplicate
Commercial driver license, $6.00.
(b) For purposes of this section only, a total of
$4.00 from each fee paid shall be placed in a revenue fund for the Department
of Public Safety for law enforcement costs and maintenance and supplies for
production of driver licenses.
(c)
For purposes of this section, the definitions in 22.0101 apply.
History: 1963, PL 8-6; 1969, PL 11-49; amd 1977, PL
15-35; amd 1980, PL 16-57 § 2; amd 2005, PL 29-13.
Amendments: 1977
Paragraph (a) (2): substituted “6-month” for “three-month.”
1980
Subsection (b): added.
Research Guide:
See 27.0243 for administration and enforcement of this section.
22.0209 Expiration and renewal of driver’s license.
(a) All
private driver’s licenses shall expire
3 years from the date of issue. They
shall be renewable on or before their expiration upon application, payment of
the required fee, and satisfactory completion of such examinations as may be
required by the Commissioner.
(b) A
provisional driver’s license shall expire when the licensee has completed 2
years’ experience as a provisional driver, excluding any time during which the
license was suspended. At the time of expiration, the provisional licensee
shall be eligible for a private driver’s license.
History: 1972, PL
12-65 § 1.
22.0210 Possession and display of license or permit.
Every person shall have a driver’s license or learner’s
permit in his immediate possession at all times when operating a motor vehicle
and shall display the same upon demand of a police officer. However, no person
charged with violating this section may be convicted if he produces in court a
driver’s license or learner’s permit theretofore issued to him and valid at the
time of his arrest.
History: 1972, PL 12-65 § 1.
22.0211 Suspension or revocation for driving under the influence.
(a) A
court shall, upon conviction of driving under the influence under 22.0707,
suspend or revoke a license as follows:
(1) upon
first conviction, for a period of 6 months;
(2) upon
second conviction, for a period of 2 years;
(3) upon
third conviction, permanently;
(4) notwithstanding
paragraphs (1) and (2), if the court finds after hearing that a person has
demonstrated a drinking pattern which indicates he cannot safely drive a motor
vehicle, the court may permanently revoke his license.
(b) If
bodily injury or death of a person is caused by reason of such intoxication,
the period of suspension may be doubled by the court.
History: 1972, PL 12-65 § 1; amd 1986, PL 19-40 § 3.
Amendments: 1986 Subsection (a): changed “may” to “shall”.
22.0212 Suspension or revocation for careless driving, or fleeing from or
attempting to elude police officer.
The court may, upon conviction of careless driving, or
fleeing from or attempting to elude a police officer under 22.0701 and 22.0705,
suspend or revoke a license as follows:
(1) upon
first conviction, for a period of 60 days;
(2) upon
second conviction, for a period of 180 days;
(3) upon
third and subsequent convictions, for a period of 1 year;
(4) notwithstanding
paragraph (3), if the person has 4 or more convictions of serious traffic
offenses, his license may be revoked permanently.
History: 1972, PL 12-65 § 1.
22.0213 Suspension or revocation for reckless driving or homicide by
vehicle.
(a) The
court may, upon conviction of reckless driving or homicide by vehicle under
22.0702 and 22.0706, suspend or revoke a license as follows:
(1) upon first conviction, for a period of 180
days;
(2) upon second and subsequent convictions, for a
period of 2 years;
(3) notwithstanding paragraph (2), if the person has 3 convictions of
serious traffic offenses within a 10-year period, his license may be revoked
permanently.
(b) For
conviction of homicide by vehicle, periods of suspension may be double those
set out in subsection (a).
History: 1972, PL
12-65 § 1.
22.0214 Suspension or revocation for offenses not specifically provided
for.
For all offenses contained in this title for which a
suspension or revocation period is not otherwise specified, the court, upon
conviction and in addition to other specified penalties, may suspend or
revoke a license as follows:
(1) upon the first
conviction, for a period not to exceed 14 days:
(2) upon the
second conviction, for a period not to exceed 90 days,
(3) upon a third
or subsequent conviction, for a period not to exceed 180 days;
(4) notwithstanding
paragraph (3), if the person has 4 or more convictions within a period of 2
years for offenses under this title, his license may be suspended for a period
of 1 year.
History: 1972, PL
12-65 § 1.
22.0215 Suspension or revocation by discretion of court.
Notwithstanding 22.0211 through 22.0214, a
court may, in its discretion, suspend or revoke the license of any driver who
has been convicted of any offense under this title and who is shown to the
court’s satisfaction to be incapable of safely driving a motor vehicle because
of physical or psychological infirmity or impairment, ignorance of safe motor
vehicle operation or traffic laws, or gross disregard for the safety of himself
and others.
History: 1972, PL 12-65.
22.0216 Conviction defined.
As used in 22.0211 through 22.0215, “conviction”
includes those offenses to which a person pleads guilty by utilizing the
procedure set forth in this title for payment of fine in lieu of court
appearance.
History: 1972, PL 12-65 § 1.
22.0217 Surrender of suspended or revoked license-Notation on reissued or
new license.
A license suspended or revoked pursuant to 22.0211
through 22.0215 shall be surrendered to the Commissioner for the period of the
suspension and may not be reissued, nor may any new license be issued without
recording thereon the offense for which the license was suspended or revoked.
History: 1972, PL 12-65.
22.0218 Suspension of provisional driver’s license.
(a) Any
holder of a provisional driver’s license who has been issued a uniform traffic
complaint-summons must surrender his license to the Commissioner in addition to
the payment of the required fine if the
complaint-summons charges a moving traffic offense or serious traffic offense
and the licensee files a plea of guilty to the charge before the violations
bureau, or if the licensee is found guilty of such charge in a proceeding in
the district court.
(b) If the offense
charged is a moving traffic offense, the period of suspension shall be:
(1) for first
offense, 1 month:
(2) for second
offense, 3 months;
(3) for third
offense, 9 months;
(4) for fourth or
subsequent offenses for a period specified by the court, but not less than 1
year.
(c) The period of
suspension for serious traffic offenses shall be determined with reference to
the schedule for moving traffic offenses except that each serious traffic
offense shall count is 2 moving traffic offenses.
History: 1972, PL 12-65 § 1, amd 1979,
PL 16-53 § 62
Amendments: 1979 Subsection (a): substituted "violations bureau" for
"violations clerk” and “district court” for “High Court of American Samoa”
22.0219 Driving while license is suspended.
The Clerk of the High Court, upon receiving a record of
the conviction of any person upon a charge of driving a vehicle while his
provisional or private license is suspended shall extend the period of such
suspension for an additional like period unless otherwise directed by the
court.
History: 1972, PL 12-65
§ 1.
22.0220 Cancellation of license.
The Commissioner may cancel any provisional or private
driver’s license upon determining that the licensee was not entitled to the
issuance thereof or that the licensee failed to give the required or correct
information in his application.
History: 1972, PL 12-65 § 1.
22.0221 Reexamination of licensees.
The Commissioner, having good cause to believe that a
licensed driver (provisional or private) is incompetent or is otherwise not
qualified to be licensed, may, upon written notice of at least 5 days to the
licensee, require him to submit to art examination. Upon the conclusion of
such examination, the Commissioner shall take such action as may be appropriate
and may suspend or revoke the license of such person, permit him to retain such
license, or issue a license subject to physical operational restrictions or
restrictions as to the type or class of vehicles that may be driven. Refusal or
neglect of the licensee to submit to such examination shall be grounds for
suspension or revocation of his license.
History: 1972, PL 12-65 § 1.
22.0222 Misdemeanor.
It is a class B misdemeanor for any person to (1)
display, or cause or permit to be displayed, or have in his possession, any
canceled, revoked, suspended, fictitious or fraudulently altered driver’s
license:
(2) lend his
driver’s license to any other person or knowingly permit the use thereof by
another;
(3) display or
represent as one’s own any driver’s license not issued to him;
(4) fail or refuse
to surrender to the commissioner upon lawful demand, any driver’s license
which has been suspended, revoked or canceled;
(5) use a false or fictitious name in any application
for a driver’s license or to knowingly conceal a material tact or otherwise
commit a fraud in any such application;
(6) permit any
unlawful use of a driver’s license issued to him;
(7) cause or
knowingly permit his child or ward under the age of 18 years to drive a motor
vehicle upon any highway when such minor is not authorized to drive under this
chapter or is in violation of any provision of this chapter;
(8) authorize or
knowingly permit a motor vehicle owned by him or under his control to be driven
upon any highway by any person who is not licensed for the type of class of
vehicle to be driven, or in violation of any provision of this chapter;
(9) do any act
forbidden, or fail to perform any act required, by this chapter.
History: 1972,
PL 12-65 § 1; amd 1980, PL 16-90 § 58.
Amendments: 1980 Amended to conform with penalties provided for in Title 46.
Criminal Justice.
22.0223 Felony driving while license is suspended.
Any person who drives a motor vehicle while his license
is suspended pursuant to 22.0211 shall be guilty of a class D felony and, upon
conviction, shall be sentenced to serve at least 90 days in custody.
History: 1986, PL 19-40 § 5.
Case
Notes:
Statute drawing a distinction
between people whose licenses were suspended for driving under the influence
and people whose licenses were suspended for other reasons had a rational
basis, since classification was based on conduct rather that status and
legislature believed there was a special need to deter and punish drunken
driving. A.S.C.A. § 22.0223.
Even
under equal protection analysis more stringent than the rational basis test,
statute punishing those who drove after their licenses had been suspended for
driving under the influence did not create unconstitutional classification,
since (1) statutory distinction was not incoherent or unclear; (2) court should
not substitute its opinion for that of the Legislature on relative culpability,
need for deterrence, and other factors necessary to determine range of
appropriate sentences for various offenses; (3) drunken driving does appear to
present special statutory treatment.
Chapter 03
RULES
OF THE ROAD
Sections:
22.0301 Refusal to obey law
officer.
22.0302
Obedience to traffic-control devices.
22.0303 Unauthorized
signs, signals and markings.
22.0304 Defacement
or destruction of road signs.
22.0305 Driving
on right-hand side of highway.
22.0306 Passing
approaching vehicle.
22.0307 Passing
vehicle on the left.
22.0308 Passing
vehicle on the right.
22.0309 Designation
of no-passing zones.
22.0310 Following
too closely-Prima facie evidence of violation.
22.0311 Right-of-way-Approaching
or entering unregulated intersection.
22.0312 Right-of-way-Approaching
or entering regulated intersection.
22.0313 Right-of-way-Left-hand
turns.
22.0314 Right-of-way-Entering
through highways.
22.0315 Turns.
22.0316 Signaling
turns and stops.
22.0317 Moving
stopped or parked vehicle.
22.0318
Emerging from alley, building, private road or driveway.
22.0319 Meeting
or overtaking school bus.
22.0320
Obstructing traffic.
22.0321
Stopping or parking near fire station or hydrant.
22.0322
Removal of vehicles.
22.0323
Speed limits.
22.0324
Backing.
22.0325
Driving on sidewalks.
22.0326 Obstructing of driver's
view of operation of vehicle.
22.0327 Opening and closing vehicle doors.
22.0328 Coasting.
22.0329 Crossing fire hose.
22.0330 Littering.
22.0331 Vehicle loads.
22.0332 Child passenger
restraints.
22.0333 Mandatory use of seat
belts.
22.0334 Unaccompanied minors
prohibited in back of truck or pickup truck.
22.0350 Exemption from traffic laws-Driver’s duty.
22.0351 Use of emergency warning devices.
22.0352 Duties owed emergency
vehicles.
22.0360 General infraction provision.
22.0301 Refusal to obey law officer.
It is unlawful to willfully fail or refuse to comply
with any lawful order, signal or direction of any member of the Department of
Public Safety when such member is engaged in enforcing the provisions of this
title or directing traffic.
History: 1972, PL
12-65 § 1.
22.0302 Obedience to traffic-control devices.
(a) The
Commissioner shall place and maintain, or cause to be placed and maintained,
such appropriate official traffic-control devices as may be necessary to carry
out the provisions of this title or direct or warn traffic upon the highways.
(b) The driver of
any vehicle shall obey the instructions of any applicable official
traffic-control device placed in accordance with the provisions of this title
unless otherwise directed by a police officer, subject to the exceptions
granted under this title to the driver of an authorized emergency vehicle.
(c) No provision of this title relating to official
traffic-control devices may be enforced against an alleged violator if, at the
time and place of the alleged violation, an official device was not in
reasonably proper position and sufficiently legible to be seen by an ordinarily
observant person.
History: 1972, PL 12-65 § 1.
22.0303 Unauthorized signs, signals and markings.
(a) No
person may place, maintain or display upon or in view of any highway, any
unauthorized sign, signal, marking or device which purports to be, is an
imitation of, or resembles an official traffic-control device, or which
attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of an
official traffic-control device.
(b) No person may
place or maintain, nor shall any public authority permit upon any highway, any
traffic sign or signal bearing thereon any commercial advertising.
(c) This
section may not be deemed to prohibit the erection, upon private property
adjacent to highways, of signs giving useful directional information and of a
type which cannot be mistaken for official signs.
(d) Every
such prohibited sign, signal or marking is a public nuisance and the authority
having jurisdiction over the highway is empowered to remove the same or cause
it to be removed without notice.
History: 1972, PL 12-65 § 1.
22.0304 Defacement or destruction of road signs.
No person may deface, obliterate, bend, break or
otherwise injure or destroy any road sign or marker, lettering thereon, or the
post or other framework supporting the sign or marker.
History: 1972, PL 12-65 § 1.
22.0305 Driving on right-hand side of highway.
Upon all highways of sufficient width, a vehicle shall
be driven upon the right half of the highway, except as follows:
(1) when
overtaking and passing another vehicle proceeding in the same direction under
the rules governing such movement;
(2) when an
obstruction exists making it necessary to drive to the left of the center of
the highway; provided, that any person so doing shall yield the right-of-way to
all vehicles traveling in the proper direction upon the unobstructed portion
of the highway within such distance as to constitute an immediate hazard;
(3) upon a
highway restricted to one-way traffic.
History: 1972, PL 12-65 § 1.
22.0306 Passing approaching vehicles.
Drivers of vehicles proceeding in opposite directions
shall pass each other to the right, and each driver shall give to the other at
least one-half of the main traveled portion of the roadway whenever possible.
History: 1972, PL 12-65 § 1.
22.0307 Passing vehicle on the left.
The following rules shall govern when a vehicle
overtakes and passes, on the left, a vehicle proceeding in the same direction:
(a) The
driver of a vehicle overtaking another vehicle proceeding in the same
direction shall not pass the overtaking vehicle on the right.
(b) The driver
of a vehicle overtaking another vehicle proceeding in the same direction shall
pass to the left thereof at a safe distance and may not again drive to the
right side of the roadway until safely clear of the overtaken vehicle.
(c) The
driver of an overtaken vehicle shall give way to the right in favor of the
overtaking vehicle on audible signal and shall not increase the speed of his
vehicle until completely passed by the overtaking vehicle.
(d) No
vehicle may be driven to the left side of the center line of a roadway in overtaking
and passing another vehicle proceeding in the same direction unless such left
side is clearly visible and is free of oncoming traffic for a sufficient
distance ahead to permit such overtaking and passing to be completely made
without interfering with the normal operation of any vehicle approaching from
the opposite direction, or any vehicle overtaken. In any event, the overtaking vehicle must
return to the right-hand side of the roadway before coming within 100 feet of
any vehicle approaching from the opposite direction.
(e) No
vehicle may at any time be driven to the left side of the roadway under the following
conditions:
(1) when
approaching the crest of a grade upon a curve in the highway, where the
driver’s view is obstructed within such distance as to create a hazard in the
event another vehicle might approach from the opposite direction;
(2) when
the view is obstructional upon approaching any bridge, building, tree or
natural obstruction;
(3) when
within 100 feet of or traversing any intersection;
(4) when
prohibited by any official traffic-control device.
History: 1972, PL
12-65 § 1.
22.0308 Passing vehicle on the right.
The driver of a vehicle may overtake and pass on the
right of another vehicle only under the following conditions:
(1) when the
vehicle overtaken is making or is about to make a left turn;
(2) upon a street
or highway with unobstructed pavement not occupied by parked vehicles;
(3) upon a
one-way street, or upon any roadway on which traffic is one way, where the
roadway is free from obstructions and of sufficient width for 2 or more lines
of moving vehicles;
(4) when
conditions permit such movement with safety;
(5) in no
event shall such movement be made by driving off the pavement or main traveled
portion of the roadway.
History:
1972, PL 12-65 § 1.
22.0309 Designation of no-passing zones.
The Commissioner is directed to determine those portions
of the highway where overtaking and passing on, or driving to, the left would
be especially hazardous and to prohibit the same through the use of official
traffic-control devices.
History: 1972, PL 12-65 § 1.
22.0310 Following too closely-Prima facie evidence of violation.
(a) The driver of a motor vehicle may not follow
another vehicle more closely than is reasonable and prudent, having due regard
for the speed of such vehicle and the traffic upon and condition of the
roadway.
(b)
The fact that a vehicle operated by a person has struck the rear portion
of a vehicle preceding it on the
roadway shall constitute prima facie evidence that such person has violated this section.
History: 1972, PL 12-65 § 1.
22.0311 Right-of-way-Approaching or entering unregulated intersection.
(a) The driver of a vehicle approaching an
intersection shall yield the right-of-way to a vehicle which has entered the
intersection from a different highway.
(b) When 2 vehicles enter an intersection from
different highways at the same time, the driver of the vehicle on the left
shall yield the right-of-way to the driver of the vehicle on the right. This
section does not apply to vehicles approaching each other from opposite directions,
when the driver of one of such vehicles is intending to or is making a left
turn. Such movements shall be governed by 22.0313.
History: 1972, PL 12-65 § 1.
22.0312 Right-of-way-Approaching or entering regulated intersection.
(a)
Preferential right-of-way at an intersection may be indicated by stop signs or
yield signs.
(b)
Except when directed to proceed by a police officer or traffic-control signal,
every driver of a vehicle approaching a stop intersection indicated by a stop
sign shall stop at a clearly marked
stop line, but if none, before
entering the crosswalk on the near side of the intersection, or, if none, then
at the point nearest the intersecting roadway where the driver has a view of
approaching traffic on the intersecting roadway before entering the intersection.
After having stopped, the driver shall yield the right-of-way to any vehicle
which has entered the intersection from another highway or which is approaching
so closely on the highway as to constitute an immediate hazard during the time
when such driver is moving across or within the intersection.
History: 1972, PL 12-65 § 1.
22.0313 Right-of-way-Left-hand turns.
A
driver intending to turn left within an intersection or into an alley, private
road or driveway shall yield the right-of-way to any vehicle approaching from
the opposite direction and within the intersection or so close thereto as to
constitute an immediate hazard.
History: 1972, PL 12-65 § 1.
22.0314 Right-of-way-Entering through highways.
The driver of any vehicle shall slow down at the
entrance to a through highway and yield the right-of-way to other vehicles
which have entered the intersection from the through highway or which are
approaching so closely on the through highway as to constitute an immediate
hazard. A driver having so yielded may proceed and the drivers of all other
vehicles approaching the intersection on the through highway shall yield the
right-of-way to the vehicle about to enter or cross the through highway.
History: 1972, PL 12-65 § 1.
22.0315 Turns.
The driver of a vehicle intending to turn at an
intersection shall proceed as follows:
(a) Both
the approach for a right turn and a right turn shall be made as close as
practicable to the right-hand curb or edge of the roadway.
(b) A
driver turning left at any intersection shall approach the intersection in the
extreme left-hand lane lawfully available to traffic moving in the direction
of travel of such vehicle, and after entering the intersection, the turn shall
be made so as to leave the intersection in a lane lawfully available to traffic
moving in such direction upon the roadway being entered.
History:
1972, PL 12-65 § 1.
22.0316 Signaling turns and stops.
(a) No
person may turn a vehicle from a direct course or move right or left upon a
roadway unless and until such movement can be made with reasonable safety and
then only after giving an appropriate signal in the manner provided in this
section in the event any other vehicle may be affected by such movement.
(b) Any
signal of intention to turn right or left shall be given continuously during
the last 100 feet traveled by a vehicle before turning.
(c) No
person may stop or suddenly decrease the speed of a vehicle on a highway
without first giving an appropriate signal in the manner provided in this
section to the driver of any vehicle immediately to the rear when there is
opportunity to give such signal.
(d) Signals
shall be given either by means of the hand and arm or by signal lamp or
mechanical signal device, except that when the body of a vehicle, or a load on
any vehicle projects 32 inches or more to the left of the center of the
steering wheel, or under any other condition when a hand and arm signal would not be visible both to the front
and rear of such vehicle, then such vehicle must be equipped with a signal lamp
or device and signals must be given by such lamp or device.
(e) All
signals herein required to be given by hand and arm shall be given from the
left side of a vehicle in the following manner:
(1) for a
left turn, hand and arm extended horizontally beyond the side of the vehicle;
(2) for a right
turn, hand and arm extended upward beyond the side of the vehicle;
(3) for a stop or
sudden decrease of speed, hand and arm extended downward beyond the side of the
vehicle.
History: 1972, PL 12-65 § 1.
22.0317 Moving stopped or parked vehicle.
No person may move a vehicle which is stopped, standing
or parked unless and until such movement can be made with reasonable safety.
History: 1972, PL 12-65 § 1.
22.0318 Emerging from alley, building, private road or driveway.
The driver of a vehicle emerging from an alley,
building, private road or driveway within a business or residential district
shall stop such vehicle immediately prior to driving onto a sidewalk or onto
the sidewalk area extending across such alley, building entrance, road or
driveway, or, in the event there is no sidewalk area, shall stop at the point
nearest the street to be entered, where he has a view of approaching traffic
thereon.
History: 1972, PL 12-65 § 1.
22.0319 Meeting or overtaking school bus.
The driver of a vehicle, upon meeting or overtaking
from either direction a school bus which has stopped for the purpose of
receiving or discharging school children, shall stop the vehicle before
reaching the school bus when there is in operation on the school bus a visual
signal as specified in 22.1107. The driver may not proceed until the visual
signals are turned off and the bus either resumes motion or the bus driver
signals the driver to proceed.
History: 1972, PL 12-65 § 1; amd 1983, PL 18-9 § 1.
Amendments: 1983 Amended for grammar.
22.0320 Obstructing traffic.
(a) No motor
vehicle may be stopped at any place where it is likely to obstruct traffic or
create or constitute a dangerous condition to traffic on the road. Parking,
standing, and loading or discharging of passengers or freight in such areas,
or in “No Parking” zones, is expressly prohibited except where the vehicle is
driven completely off the highway.
(b) No person may
place any object on the ground within eight feet of the edge of any paved road
in the Territory if such object creates any kind of danger to or obstruction of
traffic. "Objects" includes
but is not limited to rocks, metal, wood, debris, and glass.
History: 1972, PL 12-65 § 1; amd 1988, PL 20-82.
22.0321 Stopping
or parking near fire station or hydrant-Parking for disabled persons.
(a)
No person may stop or park any vehicle, or leave it standing, in front
of a fire station or within 15 feet of a fire hydrant except when such vehicle
is attended by a licensed operator or chauffeur who is seated in the front seat
and who can immediately move such vehicle in case of necessity.
(b)
No person may park a vehicle in a space designated for vehicles of
disabled persons unless the vehicle so parked exhibits on the said vehicle a
disabled person's sticker properly issued by the Office of Protection and
Advocacy, and at the time it is so parked was driven by or transporting such
disabled person. A person who violates
this subsection shall be guilty of a Class C misdemeanor and shall be punished
accordingly.
History: 1972, PL 12-65 § 1; 1995, PL 24-5; 2002, PL
27-19.
22. 0322 Removal of vehicles.
(a) Whenever
any police officer finds a vehicle standing upon a highway in violation of any
of the provisions of this chapter, such officer may move such vehicle, or
require the driver or other person in charge of the vehicle to move it, to a
position off the paved or main-traveled part of such highway.
(b) Any
police officer may remove or cause to be removed to a place of safety, any
unattended vehicle illegally left standing upon any highway or bridge in such
position or under such circumstances as to obstruct the normal movement of
traffic.
(c) Any
police officer may remove or cause to be removed to the nearest garage or other
place of safety, any vehicle found upon a highway when:
(1) a
report has been made that such vehicle has been stolen or taken without the
consent of its owner;
(2) the
person or persons in charge of such vehicle are unable to provide for its
custody or removal.
History: 1972, PL 12-65 § 1.
22.0323 Speed limits.
(a) No
person may operate a motor vehicle on any highway in
(b) The
Commissioner shall determine, upon the basis of an engineering and traffic
investigation, such other maximum speeds as shall be reasonable and safe under
the conditions found to exist at any intersection or any other place on the
highways of
History: 1972, PL 12-65 § 1.
22.0324 Backing.
The driver of a vehicle may not back the same unless
such movement can be made with safety and without interfering with other traffic.
History: 1972, PL 12-65 § 1.
22.0325 Driving on sidewalks.
No person may drive any vehicle upon a sidewalk or
sidewalk area except upon a permanent, or duly authorized temporary, driveway.
History: 1972, PL 12-65 § 1.
22.0326 Obstruction of driver’s view or operation of vehicle.
(a) No
person may drive a vehicle when it is so loaded, or when there are in the front
seat such number of persons, exceeding 3, as to obstruct the view of the
driver to the front or sides of the vehicle or as to interfere with the
driver’s control over the driving mechanism of the vehicle.
(b) No passenger in a vehicle may ride in such position
as to interfere with the driver’s view ahead or to the sides, or with his
control over the driving mechanism of the vehicle.
History: 1972, PL 12-65 § 1.
22.0327 Opening and closing vehicle doors.
No person may open the door of a motor vehicle on the
side available to moving traffic unless and until it is reasonably safe to do
so, and can be done without interfering with the movement of other traffic, nor
shall any person leave a door open on the side of a vehicle available to moving
traffic for a period of time longer than necessary to load or unload passengers.
History: 1972, PL 12-65 § 1.
22.0328 Coasting.
(a) The driver of any motor vehicle, when traveling on a
down grade, may not coast with the gears or transmission of such vehicle in
neutral.
(b) The
driver of a truck or bus, when traveling on a down grade, may not coast with
the clutch disengaged.
History: 1972, PL 12-65 § 1.
22.0329 Crossing fire hose.
No vehicle may be driven over an unprotected fire
department hose laid down on any street, private road or driveway to be used at
any fire or alarm of fire, without the consent of the fire department official
in command.
History: 1972, PL 12-65 § 1.
22.0330 Littering.
(a) No
person may throw, deposit, or place upon any
right-of-way road, street or highway, or cause to be thrown, deposited
or placed, any glass, glass bottle, container, wire, nails, tacks, can,
garbage, trash, refuse, rubbish, or any other object whether or not likely to
injure any person, animal or vehicle.
(b) Any person who
litters as defined in (a) above, shall immediately remove the same or cause it
to be removed or be subject to the penalties in section 46.4806.
(c) Any person
removing a wrecked or damaged vehicle from a highway shall remove any glass or
other injurious substance dropped upon the highway from such vehicle.
History: 1972, PL 12-65 § 1; amd 1990, PL 21-31.
22.0331 Vehicle loads.
No vehicle may be driven or moved on any highway:
(1) Unless
such vehicle is so constructed or loaded as to prevent any of its load from
dropping, shifting, leaking or otherwise escaping therefrom;
(2) When any load
thereon is not entirely within the body of the vehicle. This prohibition does
not apply if the load is securely fastened by means of clamps, ropes, straps,
cargo nets, or other suitable mechanical devices to prevent such load from
dropping onto the highway or from shifting in any manner.
(3) With
any load consisting partially or entirely of loose paper, empty cartons, crates
or any other material susceptible to being blown or carried by the wind, unless
such load is entirely covered by a tarpaulin, net, canopy or other suitable
material, effectively preventing any part of such load from being blown or
carried by the wind. This paragraph does not apply to any vehicle carrying a
load consisting entirely of soil, sand, coral or gravel if such load is wetted
down to prevent particles thereof from being blown or carried by the wind.
(4) While any
occupant thereof is riding on a load which exceeds the height of the body of
the vehicle.
History: 1972, PL 12-65 § 1.
Case
Notes:
Statute regulating height of truckloads was enacted to protect innocent bystanders, and court would not trivialize this protection by redressing the failure of one contracting party to compensate another for systematic over loading of trucks in violation of the statute. A.S.C.A. § 22.0331. R.P. Porter International, Inc., v. Pacific International Engineering, Ltd., 11 A.S.R.2d 124 (1989).
22.0332 Child passenger
restraints.
(a) Except as otherwise provided in this section,
no person operation a motor vehicle on a public highway in the Territory shall
transport a child under four years of age except under the following
circumstances:
(1) if the child is under three years of age, the
person operating the motor vehicle shall ensure that the child is properly
restrained in a child passenger restraint system approved by the United States
Department of Transportation at the time of its manufacture; or
(2) if the child is three years of age or older
but less than four years of age, the person operating the motor vehicle must
either ensure that the child is properly restrained in a child passenger
restraint system approved by the United States Department of Transportation at
the time of its manufacture or ensure that the child is restrained by a seat
belt assembly.
(b) Operators of
the following motor vehicles shall be exempt from the requirements of this
section: an authorized emergency vehicle
while on duty, and a bus, including a school bus, whether publicly or privately
owned, which provides service to the general public or provides special service
on a regular or continuing basis.
Further exemptions from this section may be established by the
Commissioner of Public Safety pursuant to rules adopted under the Administrative
Procedures Act, 4.1001 et seq.
(c) This section shall not apply if the number of
persons in a vehicle exceeds the greater of the following:
(1)
the number of seat belt assembles available in
the vehicle; or
(2) the
number of seat belt assembles originally installed in the vehicle; provided
that all available seat belt assembles are being used to restrain a passenger,
and those children not restrained by an approved child passenger restraint
system to a seat belt assembly are in the back seat of the motor vehicle.
(d) In no event shall failure of a child under
the age of four years to be restrained or failure to restrain such a child in a
child passenger restraint system or a seat belt assembly be considered as
contributory negligence, comparative negligence, or negligence per se.
(e) Penalty:
for the first offense, the fine shall be $25, second offense, $50, and
third or more, $75.
History: 1988, PL 20-79.
22.0333 Mandatory use of seat belts.
(a) Except as otherwise provided by law, no
person:
(1) shall operate a motor vehicle upon any public
highway unless the person is restrained by a seat belt assembly and any
passengers in the front seat of the motor vehicle are restrained by a seat belt
assembly if between the ages of four and fifteen or are restrained pursuant to
22.0332 if under the age of four;
(2) if fifteen years of age or more shall be a
passenger in the front seat of a motor vehicle being operated upon any public
highway unless such person is restrained by a seat belt assembly.
As used in this section and 22.0332 "seat belt
assembly" means the seat belt assembly required to be in the motor vehicle
under any federal motor vehicle safety standard issued pursuant to Public Law
89-563, the Federal National Traffic and Motor Vehicle Safety Act of 1966, as
amended, unless original replacement seat belt assemblies are not readily
available, seat belts of federally approved materials with similar protective
characteristics may be used. Such
replacement seat belt assemblies shall be permanently marked by the belt
manufacturer indicating compliance with all applicable federal standards.
(b) The passengers of the following motor
vehicles shall be exempt from the requirements of this section: an authorized emergency vehicle while on duty
and a bus, including a school bus, whether publicly or privately owned, which
provides service to the general public or provides special service on a regular
or continuing basis. Further exemptions
from this section may be established by rules
adopted by the Commissioner of Public Safety pursuant to the Administrative
Procedures Act, 4.1001 etc.
(c) No person shall be guilty of violating this
section if:
(1) the person is in a motor vehicle which is not
required to be equipped with a seat belt assembly under any federal motor
vehicle safety standard unless the vehicle is in fact equipped with a seat belt
assembly;
(2) the person not restrained by a seat belt
assembly is in a vehicle in which the number of person exceeds the number of
seat belt assemblies available in the vehicle or the number of seat belt assemblies originally installed in
the vehicle, whichever is greater; provided that all available seat belt
assemblies are being used to restrain passengers;
(3)
the person not restrained by a seat belt assembly has a condition which
prevents appropriate restraint by the
seat belt assembly, provided such condition is duly certified by a physician
who shall state the nature of the condition, as well as the reason such
restraint is inappropriate;
(4) the person not restrained by a seat belt
assembly is operating a taxicab and is carrying passengers in the vehicle in
the course of performing taxicab services; or
(5) otherwise exempted by rules adopted by the
Commissioner of Public Safety pursuant to the Administrative Procedures Act,
4.1001 et seq.
(d) This section shall not be deemed to change
existing laws, rules, or procedures pertaining to a trial of a civil action for
damages for personal injuries or death sustained in a motor vehicle accident.
(e) Penalty:
A person violating this section shall be fined not more than $25 per
offense.
History: 1988, PL 20-79.
22.0334 Unaccompanied minors prohibited in back of truck or pickup truck.
No truck or
pickup truck may be driven or moved on any highway having as a passenger a
minor child of less than twelve (12) years of age in the bed or back of the
vehicle, unless the said child is accompanied at all times by an adult of at
least eighteen (18) years of age.
History: 1998, PL 25-17.
22.0350 Exemption from traffic laws-Driver’s duty.
(a) The driver of
an authorized emergency vehicle shall be exempt from the requirements of
22.0301 et seq., whenever such vehicle is driven in response to an emergency
call, used in immediate pursuit of a suspected violator of the law, or is on
other errands of great urgency.
(b) The driver of
such vehicle may not exceed the maximum speed limit in the area in which he is
traveling by more than 10 miles per hour.
(c) There
is no maximum speed limit for police officers in the immediate pursuit of suspected
violators of the law.
(d) This section
may not operate to relieve the driver of an authorized emergency vehicle from
the duty to drive with due regard for the safety of all persons using the
highway.
History: 1972, PL 12-65 § 1
.
22.0351 Use of emergency warning devices.
Authorized emergency vehicles may not utilize any
emergency warning equipment except when responding to an emergency. The pursuit
of actual or suspected violators of the law by police shall be considered an
emergency. When responding to an emergency, the driver of an emergency vehicle
shall utilize emergency warning devices when necessary to warn pedestrians and
other drivers of his approach.
History: 1972, PL 12-65 § 1.
22.0352 Duties owed emergency vehicles.
(a) When an
emergency vehicle using warning equipment is proceeding on an emergency call,
all traffic shall immediately pull to the right side of the road if possible,
clear intersections, and stop until all emergency vehicles have passed.
(b) No
motor vehicle, except an authorized emergency vehicle or a vehicle of duly
authorized members of the police or fire department, may follow within 300 feet
of any emergency vehicle which is responding to an emergency call.
History: 1972, PL 12-65 § 1.
22.0353 Construction sites-warning lights.
The
government and private companies or individuals who engage in performing
construction work on or near the highways are required to install or place red
warning lights at the job site between dusk and dawn.
History: 1998, PL
25-18.
22.0360 General infraction provision.
(a) It is
unlawful and, unless otherwise declared in this chapter with respect to
particular offenses, an infraction for any person to do any act forbidden by,
or fail to perform any act required by, this chapter.
(b) In
a case involving a violation of a section of this chapter, a rebuttable
presumption exists that the registered owner of the vehicle identified in the
commission of an infraction is the driver of that vehicle.
History: 1972, PL
12-65 § 1; amd 1980, PL 16-90 § 60; amd 1983, PL 18-9 § 2.
Amendments: 1980
Amended to conform with penalties provided for in Title 46, Criminal Justice. 1983
Offense amended from misdemeanor to infraction.
Sections:
22.0401 Right-of-way provision.
22.0402 Under the influence.
22.0403 Walking on roadway.
22.0404 Right-of-way on sidewalks.
22.0405 Soliciting rides-Creating
a hazard.
22.0406 General duty of drivers.
22.0407 Solicitation of money and
fundraising on sidewalk or public roadway prohibited.
22.0420 Bicyclists subject to
rules of the road.
22.0401 Right-of-way provision.
(a) The driver of
a vehicle shall yield the right-of-way, slowing down or stopping if necessary
in order to so yield, to a pedestrian crossing the roadway within any marked or
unmarked crosswalk when the pedestrian is on the half of the roadway upon which
the vehicle is traveling, or is approaching so closely from the opposite half
of the roadway as to be in danger.
(b) Whenever any
vehicle has stopped at a marked crosswalk or at any unmarked crosswalk at an
intersection to permit a pedestrian to cross the roadway, the driver of any
other vehicle approaching from the rear may not overtake and pass such stopped
vehicle.
(c) No
pedestrian may suddenly leave a curb
or other place of safety and walk or run into the path
of a vehicle which is so close that it is impossible for the driver to yield.
(d) Every pedestrian crossing a roadway at any point other than within
an unmarked crosswalk at an intersection shall yield the right-of way to all
vehicles.
History: 1972, PL 12-65 § 1.
Case
Notes:
Pedestrian, a minor, was comparatively negligent in crossing the road into the unavoidable path of a vehicle and in failing to yield the right-of-way to vehicles when crossing at a point other than a crosswalk. A.S.C.A. §§ 22.0401(c)-(d), 43.5101. Sciascia v. Lutali, 23 A.S.R.2d 38 (1992).
22.0402 Under the influence.
It is unlawful for any pedestrian who is intoxicated to
such an extent as to create a hazard to himself or others to walk on or be on
any public highway.
History: 1972, PL 12-65 §1.
22.0403 Walking on roadway.
(a) Where
sidewalks are provided, it is unlawful for any pedestrian to walk along
adjacent roadway.
(b) Where
sidewalks are not provided, any pedestrian walking along or upon a highway
shall, when practicable, walk only on the left side of the roadway or its
shoulder, facing traffic which may approach from the opposite direction.
History: 1972, PL 12-65 § 1.
Case Notes:
Both motorists and pedestrians have a duty to exercise care on the
roadway. A.S.C.A. §§ 22.0403, 22.0406, 22.0701. Alofipo v. Va, 20 A.S.R.2d 119 (1992).
22.0404 Right-of-way on sidewalks.
The driver of a vehicle emerging from or entering an
alley, building, private road or driveway shall yield the right-of-way to any
pedestrian approaching on any sidewalk extending across such alley, building
entrance, road or driveway.
History: 1972, PL 12-65 1.
22.0405 Soliciting rides-Creating a hazard.
(a) No person may
stand in a roadway for the purpose of soliciting a ride from the driver of any
vehicle.
(b) No person may
sit, lie, or loiter in a roadway in a manner as to constitute a hazard to
himself or to vehicular traffic.
History: 1972, PL 12-65 § 1, amd l977, PL
15-61.
Amendment: 1977 Added
subsection (b) and designated existing section as subsection (a).
22.0406 General duty of drivers.
Notwithstanding other provisions of this chapter, every
driver of a vehicle shall exercise due care to avoid colliding with any
pedestrian upon any roadway, shall give warning by sounding the horn when
necessary, and shall exercise proper precaution upon observing any child or any
obviously confused or incapacitated person upon a roadway.
History: 1972, PL 12-65.
Case Notes:
Statutory monition is expanded and enlarged in second clause to require the adoption of "proper precaution". In addition to "due care", when a child is observed on the road. Meredith v. Hartford Fire Ins, Co. ASR (1977).
Imposed a higher
standard of care upon driver after having observed children along the road.
Rebuttable presumption of incapacity is a necessary and proper safeguard to ensure the conduct of the child involved is evaluated. Hartford Fire Ins. Co. v Meredith, ASR (1977).
Drivers have an overriding duty to pedestrians, especially children, and a duty to refrain from careless driving. A.S.C.A. §§ 22.0406, 22.0701. Sciascia v. Lutali, 23 A.S.R.2d 38 (1992).
Drivers whose conduct might result
in injury to a child have a duty to exercise proportional vigilance and
caution. Sciascia v. Lutali, 23
A.S.R.2d 38. Drivers have an overriding duty to
pedestrians, especially children, and duty to refrain from careless
driving. A.S.C.A. §§ 22.0406, 22.0701. Sciascia v. Lutali, 23 A.S.R.2d 38 (1992).
Both motorists and pedestrians have
a duty to exercise care on the roadway.
A.S.C.A. §§ 22.0403, 22.0406, 22.0701.
Alofipo v. Va, A.S.R.2d 119
(1992).
Drivers have an overriding duty to
pedestrians, especially children, and a duty to refrain from careless
driving. A.S.C.A. §§ 22.0406,
22.0701. Sciascia v. Lutali, 23 A.S.R.2d 38 (1992).
Drivers whose conduct might result
in injury to a child have a duty to exercise proportional vigilance and
caution. Sciascia v. Lutali, 23
A.S.R.2d 38. Drivers have an overriding duty to
pedestrians, especially children, and a duty to refrain from careless
driving. A.S.C.A. §§ 22.0406, 22.0701. Sciascia v. Lutali, 23 A.S.R.2d 38 (1992).
Both motorists and pedestrians have
a duty to exercise care on the roadway.
A.S.C.A. §§ 22.403, 22.0406, 22.0701.
Alofipo v. Va, A.S.R.2d 119
(1992).
22.0407 Solicitation of money and fundraising on sidewalk or public
roadway prohibited.
(a) No person
may solicit money or raise funds on or near a sidewalk or the public roadway by
standing, sitting or dancing, with or without the playing of music or the use
of a public-address system, to entice, lure, or urge by requests or pleas to
drivers, occupants of vehicles or pedestrians for money or funds, or a pledge
therefor.
(b) Any
police officer who observes a violation of this section shall immediately
confiscate and take into possession all equipment and money found at the
location of the solicitation or fundraising.
Any item confiscated shall be held in the custody of the Department of
Public Safety until disposed of by order of the court.
History: 2000, PL 26-17.
22.0420 Bicyclists subject to rules of the road.
Every person riding a bicycle upon a highway shall be
subject to all of the duties applicable to the driver of a vehicle under this
title, except those provisions which by their very nature are inapplicable.
History: 1972, PL 12-65 § 1.
Chapter 05
ACCIDENT REPORTING
Sections:
22.0501 Short title.
22.0502 Accidents involving death or personal injuries.
22.0503 Accident
involving damage to vehicles.
22.0504 Duty to give information
and render aid.
22.0505 Duty upon striking
unattended vehicle.
22.0506 Duty upon striking
fixtures, or other property upon a highway.
22.0507 Immediate notice of
accidents.
22.0508 Written
reports of accidents, additional information, form of report.
22.0509 When driver unable to
report-False reports.
22.0510 Accident report
forms-Penalty.
22.0511 Clinics
or dispensaries to report.
22.0512 Garages
to report.
22.0513 Accident reports
confidential.
22.0514 Commissioner to tabulate
and analyze accident reports.
22.0515 Uniformity
of interpretation.
22.0501 Short title.
This chapter shall be known and may be cited as the
“Uniform Accident Reporting Act” for
History:
1977, PL 15-17.
22.0502 Accidents involving death or personal injuries.
(a) The driver of
any vehicle involved in an accident resulting in injury to or death of any
person shall immediately stop such vehicle at the scene of such accident or as
close thereto as possible, but shall then forthwith return to and in every
event shall remain at the scene of the accident until he has fulfilled the
requirements of 22.0504. Every such stop shall be made without obstructing
traffic more than is necessary
(b) Any
person failing to stop or to comply with these requirements under such circumstances
is guilty of a Class A misdemeanor and upon conviction shall be sentenced
accordingly.
(c) The
Commissioner shall revoke the license or permit to drive of any resident or
any nonresident’s operating privilege, of any person so convicted, for the
period prescribed under 22.0213.
History: 1977, PL 15-17; amd 1980, PL
16-90 § 69.
Amendments: 1980 Amended to conform with penalties provided for in Title 46, Criminal
Justice
22.0503 Accident involving damage to vehicles.
The driver of any vehicle involved in an accident
resulting only in damage to a vehicle which is driven or attended by any person
shall immediately stop the vehicle at the scene of the accident or as close
thereto as possible and shall forthwith return to and in every event shall
remain at the scene of such accident until he has fulfilled the requirements of
22.0504. Every such stop shall be made without obstructing traffic more than is
necessary. Any person failing to stop, or comply with said requirements under
such circumstances, shall be guilty of a Class B misdemeanor
History: 1977, PL 15-17; amd 1980, PL 16-90 § 70.
Amendments: 1980 Amended to conform with penalties provided for in Title 46,
Criminal Justice.
22.0504 Duty to give information and render aid.
The driver of any vehicle involved in an accident
resulting in injury to or death of any person or damage to any vehicle which
is driven or attended by any person shall give his name, address, and the
registration number of the vehicle he is driving and shall upon request and if
available exhibit his operator’s or chauffeur’s license to the person struck or
the driver or occupant of or person attending any vehicle collided with and
shall render to any person injured in such accident reasonable assistance,
including the carrying, or the making of arrangements for carrying, of such
person to a physician, surgeon, or hospital for medical or surgical treatment
if it is apparent that such treatment is necessary or if such carrying is
requested by the injured person.
History: 1977, PL 15-17.
22.0505 Duty upon striking unattended vehicle.
The driver of any vehicle which collides with any
vehicle which is unattended shall immediately stop and shall then and there
either locate and notify the operator or owner of such vehicle of the name and
address of the driver and owner of the vehicle striking the unattended vehicle
or shall leave in a conspicuous place in the vehicle struck, a written notice
giving the name and address of the driver and of the name of the owner of the
vehicle doing the striking and a statement of the circumstance thereof.
History: 1977, PL 15-17.
22.0506 Duty upon striking fixtures, or other property upon a highway.
The driver of any vehicle involved in an accident
resulting only in damage to fixtures or other property legally upon or adjacent
to a highway shall take reasonable steps to locate and notify the owner or
person in charge of such property of such fact and of his name and address and
of the registration number of the vehicle he is driving and shall upon request
and if available exhibit his operator’s or chauffeur’s license and shall make
report of such accident when and as required in 22.0508.
History: 1977, PL 15-17.
22.0507 Immediate notice of accidents.
The driver of a vehicle involved in an accident
resulting in injury to or death of any person or property damage to an apparent
extent of $100 or more shall immediately by the quickest means of communication
give notice of such accident to the Chief.
History: 1977, PL 15-17.
22.0508 Written reports of accidents, additional information, form of
report.
(a) The driver of
a vehicle which is in any manner involved in an accident resulting in bodily
injury to or death of any person or total property damage to an apparent extent
of $100 or more shall, within 24 hours after such accident, forward a written
report of such accident to the Chief.
(b) The Chief may
require any driver of a vehicle involved in an accident, of which report must
be made as provided in this section, to file supplemental reports whenever the
original report is insufficient, and may require witnesses of accidents to
render reports. The Attorney General may issue process to enforce this
obligation and the district court may compel.
(c) Every law
enforcement officer who, in the regular course of duty, investigates a motor
vehicle accident, of which report must be made as required in this chapter,
either at the time of and at the scene of the accident or thereafter by
interviewing participants or witnesses shall, within 24 hours after completing
the investigation, forward a written report of such accident to the Chief.
History: 1977, PL 15-17, amd 1979, PL 16-53 § 71.
Amendments: 1979 Subsection (b): substituted reference to District Court for
reference to High Court.
22.0509 When driver unable to report-False reports.
(a) An accident
report is not required under this chapter from any person who is physically
incapable of making such report during the period of such incapacity.
(b) Whenever the
driver of a vehicle is physically incapable of giving an immediate notice of
an accident as required under 22.0507 and there was another occupant in the
vehicle at the time of the accident capable of doing so, such occupant shall
make or cause to be given the notice not given by the driver.
(c) Whenever the
driver is physically incapable of making a written report of an accident as
required under 22.0508, and the driver is not the owner of the vehicle, then
the owner of the vehicle involved in the accident shall within 24 hours after
learning of the accident, make the report not made by the driver.
(d) Any person who
fails to report or gives information in reports as required under 22.0508, or
in this section, knowing or having reason to believe that such information is
false shall be fined not more than $500, or imprisoned for not more than 6
months, or both.
History: 1977, PL 15-17.
22.0510 Accident report forms-Penalty.
(a) The Chief
shall prepare and, upon request, supply to suitable agencies or individuals
forms for required accident reports, appropriate with respect to the persons
required to make the report and the purposes to be served. The written reports
to be made by persons involved in accidents and by investigating officers
shall call for sufficiently detailed information to disclose with references
to a traffic accident the causes, conditions then existing, and the persons and
vehicles involved.
(b) Every accident
report required to be made in writing shall be made on the appropriate form
approved by the Chief and shall contain all of the information required therein
unless not available.
(c) The
Commissioner may suspend the license or permit to drive of any resident and
any nonresident operating privilege of any person failing to report an
accident as herein provided until the report has been filed. Any person convicted
of failing to report an accident by the quickest means of communication or
failing to forward a written report as required herein shall be deemed guilty
of a misdemeanor and punished by a fine of not more than $25.
History: 1977, PL 15-17.
22.0511 Clinics or dispensaries to report.
Every physician or other official performing like
functions shall on or before the 10th day 31 each month report in writing to
the Chief the death of any person or injury to any person during the preceding
calendar month as the result of a
traffic accident, giving the date and time that the person was received,
treated and released at LBJ Tropical Medical Center or other clinic or
dispensary.
History: 1977, PL 15-17.
22.0512 Garages to report.
The person in charge of any garage or repair shop to
which is brought any motor vehicle which shows evidence of having been involved
in an accident of which report must be made as provided under 22.0508, or
struck by any bullet, shall report to the Chief within 24 hours after the
motor vehicle is received, giving the engine number, registration number, or
the name and address of the owner or operator of that vehicle.
History: 1977, PL 15-17.
22.0513 Accident reports confidential.
(a) All required accident reports and supplemental
reports shall be without prejudice to the individual so reporting and shall be
for the confidential use of the Commissioner or other Territorial agencies
having use for the records for accident prevention purposes, or for the
administration of the laws of this Territory relating to the deposit of
security and proof of financial responsibility by persons driving or the owners
of motor vehicles, except that the Chief may disclose the identity of a person
involved in an accident when that identity is not otherwise known or when the
person denies his presence at the accident.
(b) All accident
reports and supplemental information filed in connection with the
administration of the laws of this Territory relating to the deposit of
security or proof of financial responsibility shall be confidential and not
open to general public inspection, nor shall copying of lists of the reports be
permitted, except, however, that the reports and supplemental information may
be examined by any person named therein or by his representative designated in
writing.
(c) No
report may be used as evidence in any trial, civil or criminal, arising out of
an accident, except that the Chief shall furnish upon demand of any person who
has, or claims to have, made such a report or upon the demand of any court, a
certificate showing that a specified accident report has or has not been made
to the chief solely to prove a compliance or a failure to comply with the
requirement that such a report be made to the Chief.
History: 1977, PL 15-17.
22.0514 Commissioner to tabulate and analyze accident reports.
The Commissioner shall tabulate and may analyze all
accident reports and shall publish annually or at more frequent intervals
statistical information based thereon as to the number and circumstances of
traffic accidents.
History: 1977, PL 15-17.
22.0515 Uniformity of interpretation.
This chapter shall be so interpreted and construed as
to effectuate its general purpose to make uniform the law of those States and
Territories which enact it.
History: 1977, PL 15-17.
Chapter 06
BLOOD TEST CONSENT
Sections:
22.0601
Consent to test.
22.0602
Administration of test-Refusal-Report.
22.0603 Evidence
of refusal to submit to test.
22.0604 Right to additional testing.
22.0605 Persons permitted to conduct chemical blood
test.
22.0606 Right to results of test.
22.0607 Presumptions based on alcoholic content of
blood.
22.0608 Suspension
for refusal to take test-Notice of right of hearing.
22.0609
Hearing-Oaths and subpoenas.
22.0610 Hearing-Record.
22.0611 Hearing-Scope-Decision.
22.0612 Appeal.
22.0601 Consent to test.
A person who operates a motor vehicle upon the highways
of
History: 1972, PL 12-65 § 1.
22.0602 Administration of test-Refusal-Report.
(a) A test
shall be administered upon the request of a police officer having reasonable
grounds to believe a person arrested to have been driving while under the
influence of intoxicating liquor.
(b) If a person
under arrest for driving a motor vehicle while under the influence of intoxicating liquor refuses to
submit to a chemical test of his breath, blood, urine or saliva, and has been informed
of the consequences of such refusal, as provided in 22.0608 and 22.0611, and of
his rights as provided in 22.0604, no test may be given, but the police officer
shall prepare a sworn report of the refusal and cause it to be delivered to the
Office of the Administrative Law Judge.
(c) A
report of a refusal to submit to a test shall disclose:
(1) whether
the person, at the time he was requested to submit to a test, was under arrest
for driving a motor vehicle while under the influence of intoxicating liquor;
(2) whether
the police officer has reasonable grounds to believe, at the time the request
was made, that the person refusing to submit to the test had been driving under
the influence of intoxicating liquor;
(3) whether
the person refused to submit to a test;
(4) whether such
person was informed of the consequences of his refusal to submit to the test;
and
(5) whether
such person was informed of his rights as provided in 22.0604.
History: 1972, PL 12-65 § 1, amd 2004, PL 28-17.
22.0603 Evidence of refusal to submit to test.
If a person under arrest refuses to submit to a chemical
test of his breath, blood, urine or saliva, evidence of his refusal shall be
admissible in any civil or criminal action, suit or proceeding arising out of
acts alleged to have been committed while the person was driving a motor
vehicle on the highways under the influence of intoxicating liquor.
History: 1972, PL 12-65 § 1.
22.0604 Right to additional testing.
In addition to a chemical test of his breath, blood,
urine or saliva administered upon the request of a police officer, a person
arrested for driving a motor vehicle upon the highways of American Samoa while
under the influence of intoxicating liquor shall be permitted, upon request and
at his own expense, reasonable opportunity to have any licensed physician,
surgeon, Samoan medical officer, licensed professional nurse or qualified
technician administer a chemical test or tests for the purpose of determining
the alcoholic content of his blood. The failure or inability to obtain such a
test or tests by a person shall not preclude the admission of evidence
relating to a test taken upon the request of a police officer.
History: 1972, PL 12-65 § 1.
22.0605 Persons permitted to conduct chemical blood test.
In conducting a chemical test of the blood, only a duly
licensed physician, Samoan medical officer, surgeon, registered nurse, licensed
professional nurse or qualified technician may withdraw blood or pierce human
tissue.
History: 1972, PL 12-65 § 1.
Amendments: 1986 Added surgeon, registered nurse, licensed professional nurse and
qualified technician to list of persons permitted to conduct test.
22.0606 Right to results of test.
In any case in which a test of a person’s breath, blood,
urine or saliva has been performed, the results of the tests shall be made
available to the person upon request.
History: 1972, PL 12-65 § 1.
220607 Presumptions based on alcoholic content of blood.
(a) At the trial
of any civil or criminal action, suit or proceeding arising out of the acts
committed by a person driving a motor vehicle while under the influence of
intoxicating liquor, the amount of alcohol in the person’s blood at the time
alleged, as shown by chemical analysis of the person’s breath, blood, urine or
saliva, shall give rise to the following presumptions:
(1) not more than
.05% by weight of alcohol in his blood supports a disputable presumption that
he was not then under the influence of intoxicating liquor;
(2) more than
.05%, but less than .08% by weight of alcohol in his blood is evidence that
may be used to determine whether or not he was then under the influence of intoxicating
liquor;
(3) not
less than .08% by weight of alcohol in his blood supports a presumption that he
was then under the influence of intoxicating liquor.
(b) Nothing
in this section is intended to limit the introduction of any competent evidence
bearing upon the question whether or not a person was under the influence of intoxicating
liquor.
History: 1972, PL 12-65 § 1; amd 1986, PL 19-40 § 2.
Amendments: 1986 Subsection (a)(2): changed “.10%” to “.08%”; deleted “indirect”.
Subsection (a)(3): changed “.10%” to “.08%”; deleted “disputable”.
22.0608 Suspension for refusal to take test— Notice of right to hearing.
(a) Upon receipt
of a report of a police officer, as required by subsection (b) of 22.0602, the
Administrative Law Judge shall notify the reported person by personal service
or by mail of the intention to suspend his license, permit or privilege to
drive for a period of 90 days and allow the person a 20-day period after the
date of service or mailing the notice to request, in writing, hearing before
the Administrative Law Judge. If no request is filed within the 20-day period,
the Administrative Law Judge shall thereupon suspend the license, permit or
privilege of the person to drive a motor vehicle for a period of 90 days.
(b) Notice of
intention to suspend or of an order of a suspension is presumed to have been
received upon the expiration of 5 days after notice is deposited in the United
States mail with postage prepaid, addressed to the person at his last known
address as shown by his application for an original, renewal or duplicate
license, which mailing may be proved by the certificate of any officer or employee
of the Office of the Administrative Law Judge over the age of 21 years
specifying the time and place of giving notice.
History: 1972, PL 12-65 § 1, amd 2004, PL 28-17.
22.0609 Hearing-Oaths and subpoenas.
(a) If a
request for a hearing is filed, a hearing shall be held before the
Administrative Law Judge, at a time and place set by him.
(b) The
Administrative Law Judge may administer oaths and shall issue subpoenas for the
attendance of witnesses requested by the person requesting the hearing, the
department of legal affairs, or the Department of Public Safety, and for the
production of relevant documents.
History: 1972, PL 12-65 § 1, amd 2004, PL 28-17.
22.0610 Hearing-Record.
(a) The hearing
shall be recorded by means determined by the Administrative Law Judge and shall
include testimony and exhibits, if any.
(b) The record of
the proceedings may summarize testimony rather than reporting it verbatim,
and shall not be transcribed unless requested by a party to the proceeding.
History:
1972, PL 12-65 § 1, amd 2004, PL 28-17.
22.0611 Hearing-Scope-Decision.
(a) The
scope of the hearing shall be limited to:
(1) whether
the person, at the time he was requested to submit to a test, was under arrest
for driving a motor vehicle while under the influence of intoxicating liquor;
(2) whether
the police officer had reasonable grounds to believe, at the time the request
was made, that the person refusing to submit to the test had been driving under
the influence of intoxicating liquor;
(3) whether
the person refused to submit to a test;
(4) whether
the person was informed of the consequences of his refusal to submit to the
test;
(5) whether
the person was informed of his rights as provided in 22.0604.
(b) Upon an
affirmative finding on each matter listed in subsection (a), the Administrative
Law Judge shall issue an order suspending the license, privilege or permit of
the person to drive a motor vehicle for 90 days; otherwise, no suspension shall
be ordered.
History: 1972, PL 12-65 § 1, amd 2004,
PL 28-17.
22.0612 Appeal.
(a) If,
after a suspension hearing, an order of suspension is issued, the person shall
have the right, within 30 days after he receives notice of the order of
suspension, to appeal the matter by filing a petition in the district court.
(b) The
court, upon receipt of the petition, shall set the matter for appeal upon 10
days’ notice to the Office of the Administrative Law Judge, the Department of
Legal Affairs, the Department of Public Safety and the appellant.
(c) The trial
shall be confined to the record made at the suspension hearing.
History: 1972, PL 12-65 § 1; amd 1979,
PL 16-53 § 63, amd 2004, PL 28-17.
Amendments: 1979
Subsection (a): substituted reference to district court for reference to
Appellate Division of the High Court.
Chapter 07
SERIOUS TRAFFIC OFFENSES
Sections:
22.0701
Careless driving-Penalty.
22.0702
Reckless driving-Penalty.
22.0703 Reckless driving-Operator responsibility.
22.0704 Reckless
driving-Passenger responsibility-Penalty.
22.0705 Fleeing
from or attempting to elude police officer-Penalty.
22.0706 Homicide
by vehicle-Penalty.
22.0707 Driving
while under the influence of alcohol or
other drugs-Penalty-Plea bargaining.
22.0708 Causing
death or bodily injury while driving under the influence-Penalty.
22.0709 Jurisdiction over serious
offenses.
22.0701 Careless
driving-Penalty.
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 shall be sentenced accordingly. Whenever
such careless driving of a vehicle proximately causes bodily injury to any
person, the person so driving such
vehicle is guilty of a class B
misdemeanor, and upon conviction, sentenced accordingly.
History: 1972, PL 12-65 § 1; amd 1980, PL 16-90 § 61.
Amendments: 1980 Amended to conform with penalties provided for in Title 46,
Criminal Justice.
22.0702 Reckless driving-Penalty.
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 causes
bodily injury to any person, the person so driving such vehicle is guilty of a
class A misdemeanor and upon conviction shall be sentenced accordingly.
History: 1972, PL 12-65 § 1; amd 1980, PL 16-90 § 62.
Amendments: 1980 Amended to conform with penalties provided for in Title 46,
Criminal Justice.
22.0703 Reckless driving-Operator responsibility.
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 floor of
the box, bed, or frame of a pickup or other truck vehicle is considered the
interior portion of the vehicle for purposes of this section.
History: 1978, PL 15-63
§ 1.
Case Notes:
It is not necessary for
the government to prove knowledge on the driver in order to support a finding
of guilty. Simeaati Rees v.
22.0704 Reckless driving-Passenger responsibility-Penalty.
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. The floor or the box, bed, or frame of a pickup or other
truck vehicle is considered as the interior portion of the vehicle for the purposes
of this section.
History: 1978, PL 15-63 § 2.
22.0705 Fleeing from or
attempting to elude police officer-Penalty.
(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 misdemeanor, and upon conviction,
shall be punished accordingly.
(b) The
signal given by the police officer may be by hand, voice, emergency light or
siren. The officer giving such signal shall be in uniform, prominently
displaying his badge of office.
History: 1972, PL 12-65 § 1; amd l980, PL 16-90 § 63.
Amendments:
1980 Amended to conform with
penalties provided for in Title 46, Criminal Justice.
22.0706 Homicide by
vehicle-Penalty.
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 person convicted
of homicide by vehicle shall be fined not more than $5,000, or imprisoned not
more than 5 years, or both.
History:
1972, PL 12-65 § 1.
Case Notes:
“Proximate cause” proven if regulation violated by
defendant was designed to prevent the very harm which occurred and the
violation was a substantial factor in bringing about the accident. A.S.G. v.
“proximate cause” within the meaning of homicide
by vehicle statute is proven if the traffic regulation violated by the
defendant was designed to prevent the sort of harm that actually occurred and
the violation was a substantial factor in bringing about the accident. A.S.C.A. § 22.0706.
22.0707 Driving
while under the influence of alcohol or other drugs-Penalty-Plea bargaining.
(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 of American Samoa, is guilty of
a class A misdemeanor, and upon conviction, sentenced accordingly.
(b) Whenever there is a motor vehicle accident
resulting in either vehicle damage or personal injury, and a driver is charged
with driving under the influence of intoxicating liquor, that charge may not be
plea bargained to a lesser charge if there is any evidence of intoxication.
History:
1972, PL 12-65 § 1;amd 1980, PL
16-90 § 64; amd 1986, PL 19-40 § 4.
Amendments:
1980 Amended to conform with
penalties provided for in Title 46, Criminal Justice. 1986 Subsection (b): added.
Research Guide:
For provisions on consumption of alcoholic
beverages on public roads or in moving vehicles, see 27.0532.
For provisions on operation of watercraft while
under the influence, see 20.0330.
22.0708 Causing death or bodily injury while driving
under the influence-Penalty.
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 any
person, shall be punished by imprisonment for not more than 5 years, or a fine
not more than $5,000, or both.
History: 1972, PL 12-65 § 1.
22.0709 Jurisdiction over
serious offenses.
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.
Chapter 08
PROCEDURE FOR TRAFFIC OFFENSES
Sections:
22.0801 Purpose.
22.0802 Procedure in lieu of
other procedures.
22.0803 Authority of police to
issue citation at scene of accident.
22.0804 When person must be taken
before court.
22.0805 When person may be taken
before court.
22.0806 Violation of written
promise to appear.
22.0807 Uniform traffic ticket
and complaint-summons.
22.0808 Summons-Service.
22.0809 Answer before violations
clerk.
22.0810 Appearance
in court-Complaint-Abstract of court record.
22.0811 Arrests.
22.0812 Failure to answer a misdemeanor.
22.0813 Evidence.
22.0814 Costs.
22.0815 Appointment and functions
of violations bureau-Fines.
22.0816 Plea of guilty, waiver of
trial, payment of fine.
22.0817 Procedure after three
convictions.
22.0820 Law enforcement costs.
22.0801
Purpose.
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 Association Standing
Committee on
History: 1972, PL 12-65 § 1.
22.0802 Procedure in lieu of other procedures.
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.
Case Notes:
Police may
initiate prosecution for traffic offense by issuing ordinary traffic citation
and summons even well after all parties have left the scene of the offense, and
due process does not require usual procedural protection of full criminal
prosecution. A.S.C.A. §§ 22.0802,
22.0803.
22.0803 Authority of police to issue citation at scene of accident.
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 person has
committed an offense under a provision of this title in connection with the
accident.
History: 1972, PL 12-65 § 1.
Case Notes:
Police may initiate prosecution for traffic offense by issuing ordinary
traffic citation and summons even well after all parties have left the scene of
the offense, and due process does not require usual procedural protection of
full criminal prosecution. A.S.C.A. §§
22.0802, 22.0803.
22.0804 When person must be taken before court.
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 appearance before the court:
(2) in any
other event when the person is issued a traffic citation by an authorized
person and refuses to give his written promise to appear in court as
hereinafter provided.
History: 1972, PL 12-65 § 1; amd 1979, PL 16-53 § 66.
Amendments: 1979 Substituted reference to district court for reference to traffic
department in opening paragraph.
22.0805 When person may be taken before court.
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 of the
district court in any of the following cases:
(1) when the
person does not furnish satisfactory evidence of identity or when the officer
has reasonable and probable grounds to believe the person will disregard a
written promise to appear in court;
(2) When a
driver of a vehicle refuses to allow inspection of the vehicle by a police
officer as provided for in 22.1203.
History: 1972, PL
12-65 § 1; amd 1979, PL 16-53 § 67.
Amendments: 1979 Substituted reference to district court for reference to traffic
department in opening paragraph.
22.0806 Violation of written promise to appear.
(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 complied with by an appearance by
counsel.
History: 1972, PL 12-65 § 1.
22.0807 Uniform traffic ticket and complaint-summons.
(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
(c) No code
section need be specified in the summons in any case in which the charged
violation is specifically designated through the use of indicated boxes
provided on the uniform ticket and complaint.
(d) The
summons may contain other information pertinent to the charged offense and such
forms for appearance, plea and waiver as are necessary under 22.0815 et seq.
History: 1972, PL 12-65 § 1; 2001, PL 27-8.
22.0808 Summons-Service.
(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 deputy.
History: 1972, PL 12-65 § 1; 2002, PL 27-18.
22.0809 Answer before violations clerk.
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 the
summons shall constitute a complaint to which the defendant may plead guilty.
History: 1972, PL 12-65 § 1; amd 1979, PL
16-53 § 68.
Amendments: 1979 Substituted “7 business days” for “three business days” and
“violations bureau” for “violations clerk”.
22.0810 Appearance in court-Complaint-Abstract of court record.
(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 any plea taken, there shall be filed
with the clerk of the court a complaint signed and sworn to by a police officer
of