Chapter 01 - Definitions-Penalty-Administration
Chapter 01 - Definitions-Penalty-Administration
The following words and phrases shall, for the purposes of this title, have the following meanings, except when the context otherwise requires:
(1) “Aftermarket” means the market for replacement parts, accessories, and equipment for the care or the enhancement of an original motor vehicle.
(2) “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.
(3) “Auxiliary driving lamp” means a lamp supplementing the light from the headlamps, such as a fog light or a spot light.
(4) “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.
(5) “Chief’ means the Chief of Police or his designee.
(6) “Commissioner” means the Commissioner of Public Safety in American Samoa.
(7) “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.
(8) “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.
(9) “Driver” means every person who drives or is in actual physical control of a vehicle.
(10) 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.
(11) “Governor” means the Governor of American Samoa.
(12) “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.
(13) “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.
(14) “License tag” means that visible material required by the Commissioner 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.
(15) "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.
(16) “Motor vehicle” means every vehicle which is self-propelled, including motorcycles, track and road tractors, trucks, forklifts, except where specific exception is made.
(17) “Moving traffic offense” means any manner of operating a moving motor vehicle which is prohibited by this title, excluding serious traffic offenses.
(18) “Nonresident” means not a permanent resident.
(19) “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.
(20) “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.
(21) “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.
(22) “Pedestrian” means any natural person on foot.
(23) “Person” means every natural person, firm, copartnership, association or corporation.
(24) “Police officer” means every officer authorized to direct or regulate traffic or to make an arrest for violation of traffic regulations.
(25) “Registration” means the registration certificates issued under the laws of this Territory and pertaining to the registration of vehicles.
(26) “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.
(27) “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.
(28) “Serious traffic offense” means any offense enumerated in 22.0701 et seq.
(29) “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.
(30) “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.
(31) “Stop” when required means complete cessation of movement.
(32) “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.
(33) “Territory” means the Territory of American Samoa.
(34) “Treasurer” means the Treasurer of the Government of American Samoa.
(35) “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.
(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.
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.