Each applicant for a commercial driver's license must be qualified as follows:
(a) The applicant must be qualified to hold, and actually have, a private driver's license issued by the police department, ASG.
(b) Each applicant must be at least 21 years old and must have had 2 years' driving experience pursuant to a valid private driver's license.
(c) Each applicant shall be required to pass a written test prepared by the police department and be tested as to driving ability by a member of the police department designated by the chief of police.
(d) The applicant must be a permanent resident of American Samoa or have lived in American Samoa for 1 year next preceding application for a commercial driver's permit.
(e) The applicant shall not have been convicted of:
(1) a homicide involving a motor vehicle or of causing death or bodily injury while driving while intoxicated (22.0708 ASCA) at any time within 3 years next preceding application.
(2) three or more convictions of speeding, 2 or more convictions of reckless driving (22.0702 ASCA) or driving while intoxicated (22.0707 ASCA) or a combination thereof at any time within 5 years next preceding application.
(3) any other felony or 3 or more traffic misdemeanors at any time within 3 years next preceding application; provided, however, that in cases falling under this paragraph the commissioner of public safety and/or the chief of police may make exceptions on reasonable grounds.
For purpose of subsection (e) a plea of guilty or a forfeiture of collateral shall be deemed a conviction.
(f) In the event the applicant has resided other than in American Samoa within the 5- year period prior to his application, such applicant shall supply the commission with a certified copy of his criminal and driving record of the place or places in which he resided.
(g) A commercial driver's permit shall not be issued or renewed unless the applicant has taken and satisfactorily completed a Commission approved driving course within the immediately preceding 4 years. In addition, the commission may require a permittee who has been convicted of any offense listed in subsection (e) of this section or whose commercial driver's permit has been suspended to take and satisfactorily complete this course, or an applicant whose commercial driver's permit has been revoked to take and satisfactorily complete this course, before he is again issued a permit.
(h) Should the chief of police or the commission have reason to believe that an applicant for, or a holder of, a commercial driver's permit has medical disabilities which may render the operation of a commercial vehicle by such person unsafe, the chief of police, commissioner of public safety or commission may require such person to undergo medical examinations to ascertain the extent, if any, of such disability. Upon receipt of the results of such medical examinations, the commission may condition the operation of the commercial vehicle upon such conditions as it believes necessary.History: Comm. Commn. Regs., eff 1 Jan 73. Reg. 1.02; amd 2012, Rule 01-2012, eff 1 Oct 12.
Amendments: 2012, subsection (g), changed language to a “Commission approved driving course.”