Chapter 14 - Junked Vehicles

Chapter 14 - Junked Vehicles

22.1401 Definitions.

For the purposes of this chapter:

(a) “Junked” means incapable of being licensed for operation on the roads and highways in the Territory of American Samoa according to law.

(b) “Person” means any natural person, corporation, partnership or joint venture, or any combination or group thereof.

(c) “Possessor” means either the person claiming the title to a junked vehicle, or the person on whose land the junked vehicle lies, or the person to whom the vehicle is or was last registered.

(d) “Vehicle” means any private automobile, commercial automobile, private or commercial bus or truck, powered by a reciprocating engine.

22.1402 Possession of junked vehicle unlawful-Penalty.

(a) In order to keep American Samoa clean and thereby promote tourism, it is unlawful for any person to have in his or her possession any junked vehicle.

(b) Any person who violates this section shall be fined from $10 to $500.

(c) After notice of violation has been filed in court pursuant to 22.1403, and in the event of conviction, each day that the violation continues shall constitute a separate and distinct violation, for which the court shall assess a fine of not less than the minimum of $10.

22.1403 Notice of violation-Prosecution.

Prior to any prosecution under this chapter, the Attorney General of American Samoa must, by his personal affidavit filed with the district court, certify that the person against whom the criminal action has been filed has been given 10 days written notice of the violation and has failed to remove the junked vehicle. If the junked vehicle is removed within the 10-day period, there may be no prosecution under this chapter.

22.1404 Liability of corporate and partnership personnel.

The Chairman of a corporation’s Board of Directors, the President of the corporation, any officer of the corporation, a local resident manager, or a local person in control of the corporation’s interests are subject to prosecution and liable for all fines in the event of a conviction under this chapter. Any partner or joint venturer is subject to prosecution and liable for all fines in the event of a conviction.

22.1405 Exemption.

Licensed garage operators are exempt from the operation of this section, providing their junked vehicles are stored in such a manner that they cannot be seen from the highway.