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Chapter 02 - Compulsory Insurance

Chapter 02 - Compulsory Insurance

22.0201 Authority.


The regulation codified in this article is adopted pursuant to 29.0205 and 29.0216 A.S.C.A.

22.0202 Established.


There is established an assigned risk arrangement for the issuance of motor vehicle liability insurance coverage of vehicles used in transportation of passengers for hire including buses and taxis, which shall be governed by the provisions of this article.

22.0203 Insurance carrier mandatory participation, legal compliance.


Every insurance carrier authorized to engage in the business of motor vehicle liability insurance in American Samoa shall participate in the assigned risk arrangement established by 22.0202, and shall conduct such business in compliance with all applicable insurance laws and rules of American Samoa.

22.0204 Referral by carriers-Assignment by insurance commissioner.


(a) Insurance carriers may issue to the applicant motor vehicle liability insurance coverage of vehicles used for transportation of passengers for hire, including buses and taxis. However, if the carriers determine not to issue insurance to any applicant, the applicant and application shall be referred to the insurance commissioner for assignment under the assigned-risk arrangement. The carriers are jointly and severally responsible to make the referrals.

(b) The insurance commissioner shall assign the risk of coverage to one of the insurance carriers authorized to engage in the business of motor vehicle liability insurance in American Samoa. Assignment shall be on a rotational basis in alphabetical order among the carriers.

22.0205 Enforcement-Penalty for violation.


(a) The insurance commissioner may enforce the provisions of this article by any means authorized under the insurance laws of American Samoa.

(b) Violation of any provision of this article by an insurance carrier shall be grounds for suspension or revocation of the carrier’s certificate of authority in accordance with the insurance laws of American Samoa.

22.0210 Authority.


The rule codified in this article is promulgated under the authority of 29.0216 and 29.1564 A.S.C.A.

22.0211 Adoption.


The “Safe Driver Plan”, as described in 29.1564 A.S.C.A., is adopted.

22.0212 Applicability-Point assignment for accidents and violations.


(a) This section applies only to the following kinds of private motor vehicles:

(1) Four-wheel motor vehicles of the passenger, station wagon, or jeep types;

(2) Four-wheel motor vehicles of the pickup or other truck type with a load capacity of 1,500 pounds or less not used for business or commercial purposes other than farming; or

(3) Motorcycles and motorbikes.

(b) Points shall be assigned for violations for which the applicant or any operator of the motor vehicle currently resident in the same household has been convicted during the experience period.

(1) Three points shall be assigned for conviction of:

(A) driving while intoxicated or under the influence of drugs; or

(B) failure to stop and report when involved in an accident; or

(C) homicide or assault arising out of the operation of a motor vehicle; or

(D) driving during a period while license is suspended or revoked.

(2) Two points shall be assigned for the accumulation of 12 points under the territorial point system established by 22.0213.

(3) One point shall be assigned for conviction of any other moving traffic violation as a result of which an operator’s license was suspended or revoked.

(c) One point shall be assigned for each motor vehicle accident during the experience period involving the applicant, or any operator or the motor vehicle currently resident in the same household, resulting in damage to any property, including his own, in excess of $200 or in bodily injury or death. One point shall be assigned, if, during the experience period, there were 2 or more accidents, each of which resulted in damage to property .of $200 or less. No points shall be assigned under the applicant’s policy for accidents incurred by an operator demonstrated to be a named insured or principal operator of an automobile insured under a separate policy, or for accidents if the insured demonstrates that the accident occurred under the following, circumstances:

(1) The motor vehicle was lawfully parked (a motor vehicle rolling from a parked position shall be considered as the operation of the last operator); or

(2) The applicant or another operator residing in the same household, or owner, was reimbursed by or on behalf of a person responsible for the accident or has judgment against such person; or

(3) The motor vehicle of an applicant or other operator resident in the same household was struck in the rear by another vehicle, and the applicant or other resident operator has not been convicted of a moving traffic violation in connection with the accident; or

(4) The operator of the other motor vehicle involved in such accident was convicted of a moving traffic violation and the applicant or other operator resident in the same household was not convicted of a moving traffic violation in connection therewith; or

(5) The motor vehicle operated by the applicant or other operator resident in the same household was damaged by a “hit-and-run” driver, if applicant or other operator so reported the accident to proper authority within 24 hours; or

(6) An accident involving damage by contact with animals or fowl; or

(7) Accidents involving physical damage limited to and caused by flying gravel, missiles, or falling objects; or

(8) An accident occurring as a result of the operation of any motor vehicle in response to an emergency, if the operator, at the time of the accident, was responding to a call to duty as a paid or volunteer member of any fire department first aid squad, or law enforcement agency.

(d) The experience period shall be the 3 years immediately preceding the date of application or the preparation of the renewal.

(e) For purposes of this article, operators currently resident in the same household as the applicant shall include all persons, whether or not related by blood, who are living in the same housing unit or are living in other housing units on contiguous land of his family.

22.0213 Point values of violations-Territorial point system.


(a) The first number listed in paragraphs

(b) (1) through (b) (34) of this section are the applicable chapter-section numbers in Title 22 A.S.C.A.

(b) The accumulation of points for purposes of 22.02 12 (b) (2) shall be based on the following schedule:

(1) .0222 (2)

Permit unlawful use of operator’s license

12

(2) .1003

Unlawful display of license

6

(3) .1006

Fraudulent registration acts

12

(4) .0302

Disobeying traffic-control devices

6

(5) .0305

Failure to drive on right

8

(6) .0307-.0309

Improper overtaking or passing

10

(7) .0310 

Following too close

12

(8) .0311 

Right-of-way, unregulated intersection

10

(9) .0312 

Right-of-way, regulated intersection

6

(10) .0401 

Right-of-way, pedestrians

6

(11) .0316 

Improper turn or stop signals

4

(12) .0319

Passing stopped school bus

10

(13) .0320 

Obstructing traffic

6

(14 ).0323

Speeding, 1-14 MPH in excess

6

(15) .0323

Speeding, 15-29 MPH in excess

10

(16) .0323

Speeding, over 29 MPH excess

12

(17) .0324 

Improper backing

4

(18) .0325 

Driving on sidewalk

8

(19) .0331 

Riding on load

6

(20) .0701 

Careless driving 

8

(21) .0702 

Reckless driving 

12

(22) .0703 

Carrying passengers improperly 

6

(23) .0705 

Fleeing from police officer 

10

(24) .0708 

Driving under influence, bodily injury 

12

(25) .1101 

Driving without lights 

6

(26) .1101(d)

Failure to dim lights 

4

(27) .1103 

No lamp or flag, projecting load 

4

(28) .1108 

Defective brakes 

6

(29) .1113 

Obstructed vision 

4

(30) .0214 

No helmet 

4

(31) .1150 

Other unsafe equipment 

4

(32) .1230 

No safety inspection tag 

6

(33) .0352 

Duty to emergency vehicle 

4

(34) .2002 

No liability insurance 

12


History:
Rule 5-78. eff 28 Jun 78, § 8.
 

22.0214 Multiple vehicles under one policy.


When 2 or more private motor vehicles to which the Safe Driver Plan is applicable are insured in the same policy, points shall be assigned to 1 motor vehicle with the highest rate in accordance with 22.0212, and no points shall be assigned to the other vehicles.

22.0215 Other operators in household.


The points of both the applicant and all other operators, currently resident in the same household, of the motor vehicle to which the Safe Driver Plan is applicable shall be cumulative.

22.0216 Rate-change procedure.


No policy shall be endorsed in term to effect a change of premium rates. Such change may be effected only by cancellation of the policy on a short rate basis and rewriting for an annual term, or such other term as may be required by law or rule, on the basis of a new, signed application.

22.0217 Information sources for point assignment.


(a) New Business (risks not written by the company under the Safe Driver Plan for the previous 12 months). The initial information necessary to assign the proper number of points shall be obtained from an application signed personally by the applicant under oath. The signature of the applicant on all applications received from an agent, broker, or solicitor shall be certified by such agent, broker, or solicitor.

(b) Renewal Business (risks written by the company under the Safe Driver Plan for the previous 12 months). The information necessary to assign the proper renewal number of points shall be determined from any 1 or a combination of the following:

(1) Company’s own records; or

(2) Motor vehicle records; or

(3) An application signed by the applicant and certified by an agent, broker, or solicitor.

22.0218 Application form.


The following form shall be used to obtain from the applicant the information under oath necessary to assign the proper initial number of points. It may, however, be expanded to require additional information or the sequence of the items may be rearranged:

Date of Application ___________

1. Name of Applicant ____________________________________________________________

                                    First                       Middle                              Last

Address____________________________________________________________________________

Driver’s Date of Birth _______________________ Lic. No____________________________________

Previous address during past three years_________________________________________________

2. Other operators of the motor vehicle resident in the same household as the applicant: *

Name                                       Date of Birth                                 Driver’s Lic. No.

__________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

* Includes all persons, whether or not related by blood, who are living in the same housing unit or other housing units in continguous family land.

3. Statement of Convictions

Has the applicant or any other person named in (2) been convicted of any of the following motor vehicle violations during the preceding 36 months?

_____________________

(Yes or No) and Date

(a) Driving while under the influence of alcoholic beverage or other drug

(b) Failure to stop and report when involved in an accident

(c) Homicide or assault arising out of the operation of a motor vehicle

(d) Driving during a period while license is suspended or revoked

(e) Any convictions of other traffic violations.

4. Statement of Accidents

Has the applicant or any person named in (2) been involved in an automobile accident while operating any private motor vehicle, resulting in damage to any property, including his own, or in bodily injury or death during the preceding 26 months?

__________________________

(Yes or No)

If “Yes”, complete the following:

Date of Accident     Location of Accident       Bodily Injury or Death (yes or no)       Damage to property (amount)

__________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

If the answers to any of the following are “Yes’ insofar as they involve the applicant, person residing iii his household, or owner of the automobile being used, so state and give date of accident.

residing in his household was not convicted.

(c) Reimbursed by, or in behalf of, person responsible for the accident or have judgment against such person.

(d) Other person involved in accident was convicted. Applicant or person residing in his household was not convicted.

(e) Damaged by “hit-and-run” driver and accident reported to police within 24 hours from time of accident.

(f) Damage solely by contact with animals or fowl.

(g) Damage solely by flying gravel, missiles, or falling objects.

(h) Accident while responding to emergency call to duty as paid or volunteer member of any Fire department, First aid squad or law enforcement agency.

I am aware that I make this application under oath and that under the laws of American Samoa (29.0107 A.S.C.A.) it is a Felony to knowingly make a material false statement or conceal any material fact in this application. I hereby consent to allow my insurance company to obtain a certified copy of my driving records from the Office of Motor Vehicles at any time subsequent to my completion of this application.

Signature of Applicant Subscribed and sworn to before me this________________day of___________

19_____at______________________, American Samoa.

Signature and Title of person authorized to administer oath