Pago Pago, AMERICAN SAMOA — A citation for overtaking another vehicle or passing on the left, issued to an Eastern District resident who requested anonymity, was dismissed last week by District Court Judge Jon Clemens after the court determined that the stretch of road where the alleged violation occurred had no centerline markings.

The defendant told the court he had appeared specifically to formally reject the charges presented by the government prosecutor. He said he was asked whether he accepted or denied the alleged violations — passing another vehicle on the left and failing to wear a seatbelt — and he made clear that he strongly disputed both.

He testified that he was driving from his home in Laulii to his workplace in Fagatogo at around 10 a.m. As he approached Leloaloa, he found himself behind two vehicles traveling toward town. By that time, the morning rush hour had passed, and no vehicles were coming from the opposite direction.

The defendant recalled that the first vehicle in the line was moving well below the posted speed limit. Like the driver directly in front of him, he slowed down and waited, hoping the lead vehicle would either turn off the road or increase its speed. Instead, he said, they were forced to follow the slow‑moving car for nearly five minutes.

Eventually, the driver ahead of him overtook the slow vehicle by passing on the left and continued at normal speed. Seeing this, the defendant said he followed a few seconds later and also passed the lead vehicle on the left. What he did not know, he said, was that police officers were nearby and had witnessed both maneuvers. The officers flagged down both vehicles and instructed the drivers to pull over.

The defendant testified that he noticed the officers just as he was overtaking the slow‑moving vehicle, prompting him to make a U‑turn and park a few meters from where the officers were stationed. Once stopped, he said he turned off the engine, unbuckled his seatbelt, rolled down the windows, and waited for the approaching female officer. Another officer walked toward the first vehicle that had overtaken the slow driver.

When the female officer reached him, she informed him that he would be cited for passing another vehicle on the left. He argued that he could not have violated the statute because no road markings existed to indicate where passing was prohibited. He also disputed the seatbelt citation, explaining that he had unbuckled only after stopping the car so he could reach his wallet in his back pocket to retrieve his driver’s license.

The defendant said he tried to explain that, without a double centerline or any road markings, the law restricting passing on the left did not apply. He maintained that the statute prohibits overtaking on the left only when a double line is present. Despite his explanation, officers issued the citation.

“So how can I be cited for a traffic violation that could not have happened,” he asked the court, “because there was no double line in the middle of the road?”

He told the prosecutor that, ironically, the very ticket issued by the police officer cited him for violating Section 22.0307 of the American Samoa Code Annotated (ASCA). He said that after looking up the statute himself, he found that it explicitly refers to “the center line of a roadway” — a feature that was nonexistent on the stretch of road where he was accused of committing the violation.

Section 22-0307(d) stipulates that, "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."

When District Court Judge Clemens took the bench that morning and asked the prosecutor to review the day’s docket, she listed the cases along with her recommendations — identifying which should proceed with fines and which should be dismissed. According to the defendant, the prosecutor recommended that the charges against him be dismissed, and Judge Clemens agreed, formally striking the citations from the record.

In an interview with Samoa News, the defendant expressed frustration with the overall condition of the territory’s roads — particularly the long, unmarked stretches on the eastern side of the island beginning after the canneries in Atu‘u.

He also noted that the only section of roadway that previously had a single centerline, indicating that overtaking was permitted, has now been repainted with a double line, further limiting where drivers may legally pass. He was referring specifically to the stretch of road in Faganeanea, running past Aveina Store and through the center of the village, where the former single centerline has now been replaced with a double line.

He said he had asked the Department of Public Works why the change was made, and was told that Reuben Siatuu, the former head of the DPW Civil Engineering Division, had ordered the double‑line installation to minimize the risk of accidents in the area.

“This is ridiculous,” he said. “Where are the accident statistics for this particular stretch of road that would justify putting in a double line? Drivers approaching from either direction have a clear, unobstructed view of oncoming traffic long before they reach the old single line where overtaking was allowed. If a vehicle in front is crawling along, motorists should not be forced to trail behind like zombie drivers. Shouldn’t the public have a chance to voice their opinions before changes like this are imposed on everyone?”

According to DPW Civil Engineer Doris Faumuina‑Sipelii, road markings for the Eastern District will be implemented once the ongoing road construction project from Tula to Alofau is completed, after which the striping work will continue westward until it reaches the canneries, where the current markings end.

Coming out of the cannery area, heading east, you are driving on a road that has no centerline marked.

The law — Section 22-0307(d) —stipulates that, "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." If there’s no centerline marked on the road, does the statute apply? [photo: Asi A. Fa'asau]