Standards for All Terrain Vehicles and Ban of Three-Wheeled All Terrain Vehicles; Notice of Proposed Rulemaking, 45904-45962 [06-6703]
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Federal Register / Vol. 71, No. 154 / Thursday, August 10, 2006 / Proposed Rules
CONSUMER PRODUCT SAFETY
COMMISSION
16 CFR Parts 1307, 1410, 1500 and
1515
Standards for All Terrain Vehicles and
Ban of Three-Wheeled All Terrain
Vehicles; Notice of Proposed
Rulemaking
Consumer Product Safety
Commission.
ACTION: Notice of proposed rulemaking.
AGENCY:
To address the unreasonable
risks of injury and death associated with
all terrain vehicles (‘‘ATVs’’), the
Commission is proposing rules for adult
and youth ATVs. The proposed rules
include requirements concerning the
mechanical operation of ATVs,
requirements for providing safety
information about operating ATVs (such
as through labeling and training), and
requirements for certification, testing
and recordkeeping. The proposed
standards would apply to adult singlerider and tandem ATVs and to youth
ATVs. The Commission is also
proposing a rule to ban three-wheeled
ATVs. The proposed rules are issued
under the authority of both the
Consumer Product Safety Act (‘‘CPSA’’)
and the Federal Hazardous Substances
Act (‘‘FHSA’’).
DATES: Written comments in response to
this document must be received by the
Commission no later than October 24,
2006. Comments on elements of the
proposed rule that, if issued in final
form would constitute collection of
information requirements under the
Paperwork Reduction Act, may be filed
with the Office of Management and
Budget (‘‘OMB’’) and with the
Commission. Comments will be
received by OMB until October 10,
2006.
ADDRESSES: Comments should be filed
by email to cpsc-os.gov. Comments also
may be filed by telefacsimile to (301)
504–0127 or they may be mailed or
delivered, preferably in five copies, to
the Office of the Secretary, U.S.
Consumer Product Safety Commission,
4330 East West Highway, Bethesda,
Maryland 20814–4408; telephone (301)
504–7923. Comments should be
captioned ‘‘ATV NPR.’’
Comments to OMB should be directed
to the Desk Officer for the Consumer
Product Safety Commission, Office of
Information and Regulatory Affairs,
OMB, Washington, DC 20503. The
Commission asks commenters to
provide copies of such comments to the
Commission’s Office of the Secretary,
with a caption or cover letter identifying
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SUMMARY:
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the materials as copies of comments
submitted to OMB on the proposed
collection of information requirements
for the proposed ATV standard.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Leland, Project Manager, ATV
Safety Review, Directorate for Economic
Analysis, Consumer Product Safety
Commission, 4330 East West Highway,
Bethesda, Maryland 20814–4408;
telephone (301) 504–7706 or e-mail:
eleland@cpsc.gov.
SUPPLEMENTARY INFORMATION:
A. Background
The Commission is proposing rules
that will cover single-rider ATVs,
tandem ATVs (intended for two people)
and ATVs intended for children under
16 years of age.1 These proposed rules
include proposed standards that specify
mechanical requirements for ATVs and
informational requirements so that ATV
purchasers and operators will have
safety information about ATVs. The
Commission is also proposing to ban
three-wheeled ATVs. The Commission
believes that these proposed rules are
necessary to address an unreasonable
risk of injury and death associated with
ATVs.
ATVs were first available in this
country in the early 1970’s, and became
increasingly popular in the early 1980’s.
With their rise in popularity, the
number of ATV-related incidents also
rose. On May 31, 1985, the Commission
published an advance notice of
proposed rulemaking (‘‘ANPR’’) stating
the Commission’s safety concerns and
outlining options the Commission was
considering to address ATV-related
hazards. 50 FR 23139. In 1987, the
Commission filed a lawsuit under
section 12 of the CPSA against the five
companies that were major ATV
distributors at that time to declare ATVs
an imminently hazardous consumer
product, see 15 U.S.C. 2061(b)(1).2 The
1 The Commission voted unanimously to issue
the notice of proposed rulemaking with changes to
address youth and adult ATV training (subsection
(g)). Commissioner Nancy A. Nord and
Commissioner Thomas H. Moore voted for
additional changes not included in Chairman
Stratton’s vote, including additional instructions to
staff and request for comments, a new subsection
and modifying language in the preamble.
Commissioners Nord and Moore issued statements
which are available from the Commission’s Office
of the Secretary or from the Commission’s Web site,
https://www.cpsc.gov.
2 The five distributors were American Honda
Motor Co., Inc., American Suzuki Motor Corp.,
Polaris Industries, L.P., Yamaha Motor Corp., USA,
and Kawasaki Motors Corp., USA. In 1996, Arctic
Cat, Inc. began manufacturing ATVs and entered
into an Agreement and Action Plan with the
Commission in which the company agreed to take
substantially the same actions as required under the
Consent Decrees.
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lawsuit was settled by Consent Decrees
filed on April 28, 1988 that were
effective for ten years.
1. The Consent Decrees
In the Consent Decrees, the
distributors agreed to: (1) Halt the
distribution of three-wheel ATVs, (2)
attempt ‘‘in good faith’’ to devise a
voluntary performance standard
satisfactory to the Commission; (3) label
ATVs with four types of warnings, the
language and format of which were
specified in the Consent Decrees; (4)
supplement existing owners manuals
with safety text and illustrations
specified in the Consent Decrees and to
prepare new owners manuals with
specified safety information; (5) provide
point of purchase safety materials
meeting guidelines specified by the
Consent Decrees, including hangtags, a
safety video, and other safety
information; (6) and offer a rider
training course to ATV purchasers and
members of their immediate families at
no cost. In addition, the Consent
Decrees contained several media and
marketing provisions.
The distributors also agreed in the
Consent Decrees that they would
‘‘represent affirmatively’’ that ATVs
with engine sizes between 70 and 90 cc
should be used only by those age 12 and
older, and that ATVs with engine sizes
larger than 90 cc should be used only
by those 16 and older. Because
distributors did not sell their products
directly to consumers but through
dealerships (which were not parties to
the Consent Decrees), distributors
agreed to ‘‘use their best efforts to
reasonably assure’’ that ATVs would
‘‘not be purchased by or for the use of’’
anyone who did not meet the age
restrictions. While the Consent Decrees
were in effect, the distributors entered
into agreements with the Commission
and the Department of Justice agreeing
to monitor their dealers to determine
whether they were complying with the
age recommendations and to terminate
the franchises of dealers who repeatedly
failed to provide the appropriate age
recommendations.
2. Development of the Voluntary
Standard for Single-Rider ATVs
Industry had begun work on a
voluntary standard before the Consent
Decrees were in place. Distributors that
were parties to the Decrees agreed to
work in good faith to develop a
voluntary standard that was satisfactory
to the Commission within four months
of the signing of the Consent Decrees.
The five companies, working through
the Specialty Vehicle Institute of
America (‘‘SVIA’’), submitted a standard
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for approval as an American National
Standards Institute (‘‘ANSI’’) standard
in December 1988. On January 13, 1989,
the Commission published a notice in
the Federal Register concluding that the
voluntary standard was ‘‘satisfactory’’ to
the Commission.3 54 FR 1407. The
standard, known as ANSI/SVIA 1–2001,
The American National Standard for
Four Wheel All-Terrain Vehicles—
Equipment, Configuration, and
Performance Requirements, was first
published in 1990, and was revised in
2001. The ANSI standard has
requirements for the mechanical
operation of ATVs, but does not contain
any provisions concerning labeling,
owners manuals or other information to
be provided to the purchaser because
such requirements were stated in the
Consent Decrees that were in effect
when the ANSI standard was
developed. As discussed in section G.3,
ANSI now has a draft voluntary
standard for tandem ATVs.
3. ATV Action Plans/Letters of
Undertaking
The Consent Decrees expired in April
1998. The Commission entered into
voluntary ‘‘Action Plans,’’ also known
as ‘‘Letters of Undertaking’’ or ‘‘LOUs,’’
with eight major ATV distributors (the
five who had been parties to the
Consent Decrees, plus Arctic Cat, Inc.,
Bombardier, Inc. and Cannnondale
Corporation, which no longer makes
ATVs) See 63 FR 48199 (summarizing
Action Plans).4 Except for Bombardier’s,
all of the Action Plans took effect in
April 1998 at the expiration of the
Consent Decrees. (Bombardier’s took
effect in 1999 when the company began
selling ATVs.) The companies agreed to
continue many of the actions the
Consent Decrees had required
concerning the age recommendations,
point of sale information (i.e., warning
labels, owners manuals, hang tags,
safety alerts, and safety video),
advertising and promotional materials,
training, and stopping distribution of
three-wheeled ATVs.
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4. Termination of Previous Rulemaking
As mentioned above, the Commission
issued an ANPR concerning ATVs in
3 In the FR notice, the Commission noted that it
‘‘specifically reserved its rights under the consent
decrees to institute certain enforcement or
rulemaking proceedings in the future.’’ 54 FR 1407.
4 These documents are available on CPSC’s Web
site at www.cpsc.gov/library/foia/foia98/fedreg/
honda.pdf; www.cpsc.gov/library/foia/foia98/
fedreg/suzuki.pdf; www.cpsc.gov/library/foia/
foia98/fedreg/kawasaki.pdf; www.cpsc.gov/library/
foia/foia98/fedreg/polaris; www.cpsc.gov/library/
foia/foia98/fedreg/yamaha.pdf; www.cpsc.gov/
library/foia/foia98/fedred/arctic.pdf; and
www.cpsc.gov/library/foia/foia99/pubcom/
bobard.pdf.
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1985, but chose to pursue legal action
under section 12 of the CPSA instead of
taking regulatory action. In 1991, the
Commission terminated the rulemaking
proceeding it had started with the 1985
ANPR. 56 FR 47166. The Commission
observed in its termination notice that,
at the time of the termination, the
Consent Decrees were in effect, the five
ATV distributors had agreed to conduct
monitoring of dealers’ compliance with
the Consent Decrees’ provisions, and
ATV-related injuries and deaths were
declining. The ATV-related injury rate
for the general population (per ATV)
had dropped by about 50 percent
between 1985 and 1989, and ATVrelated fatalities had declined from an
estimated 347 in 1986 to about 258 in
1989. Id. At 47170.
The Commission’s termination of its
rulemaking proceeding was challenged
by the Consumer Federation of America
(‘‘CFA’’) and U.S. Public Interest
Research Group (‘‘PIRG’’) arguing that
withdrawing the ANPR rather than
pursuing a ban on the sale of new adultsize ATVs for use by children under 16
was arbitrary and capricious. The court
upheld the Commission’s decision.
Consumer Federation of America v.
Consumer Product Safety Commission,
990 F.2d 1298 (D.C. Cir. 1993). The
court noted that it was reasonable for
the Commission to determine the
effectiveness of the Consent Decrees and
monitoring activities before considering
whether additional action would be
necessary. Id. at 1306.
5. CFA’s Petition and the Chairman’s
Memo
In August 2002, CFA and eight other
groups requested that the Commission
take several actions regarding ATVs.
CPSC docketed the portion of the
request that met the Commission’s
docketing requirements in 16 CFR
§ 1051.5(a). That request asked for a rule
banning the sale of adult-size four wheel
ATVs for the use of children under 16
years old. The Commission solicited
public comments on the petition. 67 FR
64353 (2002). In 2003, the Commission
held a public hearing in West Virginia,
and the Chairman held hearings in
Alaska and New Mexico to hear oral
presentations from the public about
ATVs. The staff prepared a briefing
package analyzing the petition and
recommending that the Commission
deny the petition (available on the
Commission’s Web site at
www.cpsc.gov/library/foia/foia05/brief/
briefing.html). (After an initial vote on
October 6, 2005 to defer a decision on
the petition, the Commission voted 2–1
to deny the petition when it voted on
July 12, 2006 to issue this NPR. The
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statements issued by Commissioner
Nord and Commissioner Moore,
referenced in footnote 1, also discuss
their votes on the petition.)
On June 8, 2005, Chairman Hal
Stratton delivered a memorandum to the
staff asking the staff to review all ATV
safety actions and make
recommendations on a number of
issues. The memo directed the staff to
consider whether: (1) The current ATV
voluntary standards are adequate in
light of trends in ATV-related deaths
and injuries; (2) the current ATV
voluntary standards or other standards
pertaining to ATVs should be adopted
as mandatory standards by the
Commission; and (3) other actions,
including rulemaking, should be taken
to enhance ATV safety. The memo also
identified several specific issues for the
staff to review, namely: (1) Pre-sale
training/certification requirements; (2)
enhanced warning labels; (3) formal
notification of safety rules by dealers to
buyers; (4) the addition of a youth ATV
model appropriate for 14-year olds; (5)
written notification of child injury data
at the time of sale; (6) separate standards
for vehicles designed for two riders; and
(7) performance safety standards. The
memo directed the staff to give
particular attention to improving the
safety of young riders.
6. 2005 ANPR
On October 14, 2005, the Commission
published an ANPR that began this
proceeding. 70 FR 60031. The ANPR
reviewed the history of the
Commission’s involvement with ATVs,
summarized the ANSI/SVIA–1–2001
standard, described regulatory and nonregulatory options to address ATVrelated injuries and deaths, and
requested comments from the public.
Comments on the ANPR and the
Commission’s responses are discussed
at section H.
B. Statutory Authority
This proceeding is conducted
pursuant to the Consumer Product
Safety Act (‘‘CPSA’’) and the Federal
Hazardous Substances Act (‘‘FHSA’’).
All Terrain Vehicles are ‘‘consumer
products’’ which can be regulated by the
Commission under the authority of the
CPSA. See 15 U.S.C. 2052(a). However,
the FHSA provides the Commission
with regulatory authority over articles
intended for use by children. See 15
U.S.C. 1261(f)(1)(D). See also 15 U.S.C.
2079(d) (requiring, that the Commission
regulate under the FHSA if the risk of
injury at issue can be eliminated or
sufficiently reduced by action under the
FHSA unless the Commission finds by
rule that it is in the public interest to
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regulate under the CPSA). Thus, the
Commission is proposing standards for
adult 4-wheel ATVs and a ban of adult
three-wheeled ATVs under the CPSA,
and is proposing a standard for youth
ATVs, which includes a ban of threewheeled ATVs, under the FHSA.
1. The CPSA
Section 7 of the CPSA authorizes the
Commission to issue consumer product
safety standards that consist of
performance requirements and/or
requirements for warnings or
instructions. Id. 2056(a). The
requirements of the standard must be
‘‘reasonably necessary to prevent or
reduce an unreasonable risk of injury
associated with such product.’’ Id.
Section 8 of the CPSA authorizes the
Commission to issue a rule declaring a
consumer product a ‘‘banned hazardous
product’’ when the Commission finds
that: The product is being, or will be,
distributed in commerce; the product
presents an unreasonable risk of injury;
and no feasible consumer product safety
standard would adequately protect the
public from the risk of injury. Id. 2057.
Section 9 of the CPSA specifies the
procedure the Commission must follow
to issue a consumer product safety
standard or a ban under section 8. In
accordance with section 9, the
Commission commenced this
rulemaking by issuing an ANPR
identifying the product and the risk of
injury, summarizing regulatory
alternatives, and inviting comments or
suggested standards from the public. Id.
2058(a). 70 FR 60031 (2005). The
Commission considered the comments
submitted in response to the ANPR, and
has decided to issue these proposed
rules and a preliminary regulatory
analysis in accordance with section 9(c)
of the CPSA. Next, the Commission will
consider the comments received in
response to the proposed rules and
decide whether to issue final rules and
a final regulatory analysis. 15 U.S.C.
2058(c)–(f).
According to section 9(f)(1) of the
CPSA, before promulgating a consumer
product safety rule, the Commission
must consider, and make appropriate
findings to be included in the rule,
concerning the following issues: (1) The
degree and nature of the risk of injury
that the rule is designed to eliminate or
reduce; (2) the approximate number of
consumer products subject to the rule;
(3) the need of the public for the
products subject to the rule and the
probable effect the rule will have on
utility, cost or availability of such
products; and (4) means to achieve the
objective of the rule while minimizing
adverse effects on competition,
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manufacturing and commercial
practices. Id. 2058(f)(1).
According to section 9(f)(3) of the
CPSA, to issue a final rule, the
Commission must find that the rule is
‘‘reasonably necessary to eliminate or
reduce an unreasonable risk of injury
associated with such product’’ and that
issuing the rule is in the public interest.
Id. 2058(f)(3)(A) & (B). In addition, if a
voluntary standard addressing the risk
of injury has been adopted and
implemented, the Commission must
find that (1) the voluntary standard is
not likely to eliminate or adequately
reduce the risk of injury, or that (2)
substantial compliance with the
voluntary standard is unlikely. Id.
2058(f)(3)(D). The Commission also
must find that expected benefits of the
rule bear a reasonable relationship to its
costs and that the rule imposes the least
burdensome requirements that would
adequately reduce the risk of injury. Id.
2058(f)(3)(E) & (F).
Other provisions of the CPSA also
authorize this rulemaking. Section 27(e)
provides the Commission with authority
to issue a rule requiring consumer
product manufacturers to provide the
Commission with such performance and
technical data related to performance
and safety as may be required to carry
out the CPSA, and to give such
performance and technical data to
prospective and first purchasers. Id.
2076(e). This provision bolsters the
Commission’s authority under section 7
to require provision of safety-related
information such as hangtags,
instructional/owners manuals, safety
videos, and training.
Section 14 of the CPSA authorizes the
Commission to issue a rule requiring
certification that a product meets a
consumer product safety standard. Id.
2063(c). Section 14 also authorizes the
Commission to prescribe, by rule,
reasonable testing programs for
consumer products subject to a
consumer product safety rule. Id.
2063(b).
Finally, section 16 of the CPSA
authorizes the Commission to issue
rules requiring establishment and
maintenance of records needed to
implement the CPSA or to determine
compliance with rules or orders issued
under the CPSA. Id. 2065(b).
2. The FHSA
The FHSA requires proceedings and
findings similar to those required by the
CPSA. Section 2(f)(1)(D) of the FHSA
defines ‘‘hazardous substance’’ to
include any toy or other article intended
for use by children that the Commission
determines, by regulation, presents an
electrical, mechanical, or thermal
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hazard. 15 U.S.C. 1261(f)(1)(D). An
article may present a mechanical hazard
if its design or manufacture presents an
unreasonable risk of personal injury or
illness during normal use or when
subjected to reasonably foreseeable
damage or abuse. 15 U.S.C. 1261(s).
Under section 2(q)(1)(A) of the FHSA,
an article intended for use by children,
which is a hazardous substance (as
defined in the FHSA) accessible by a
child, is banned. 15 U.S.C.
1261(q)(1)(A). Under this authority, the
Commission can issue a rule stating that
if a particular article intended for use by
children does not meet requirements
that the Commission specifies by rule,
the item is banned. See Forester v.
Consumer Product Safety Commission,
559 F.2d 774, 782 (D.C. Cir. 1977).
Section 3(f) through 3(i) of the FHSA,
15 U.S.C. 1262(f)-(i), describes the
procedures to promulgate a regulation
determining that an article intended for
children presents an electrical,
mechanical, or thermal hazard. The
procedures are the same as those
required for a CPSA rule discussed
above. 15 U.S.C. 1262(f) through (i).
Before the Commission can issue this
type of final rule under the FHSA, it
must make many of the same findings
necessary for a final CPSA rule: (1) if an
applicable voluntary standard has been
adopted and implemented, that
compliance with the voluntary standard
is not likely to adequately reduce the
risk of injury, or compliance with the
voluntary standard is not likely to be
substantial; (2) that benefits expected
from the regulation bear a reasonable
relationship to its costs; and (3) that the
regulation imposes the least
burdensome alternative that would
adequately reduce the risk of injury. Id.
1261(i)(2).
Section 10 of the FHSA authorizes the
Commission to issue regulations ‘‘for
the efficient enforcement of’’ the FHSA.
Id. 1269(a). This provision gives the
Commission authority to issue the
requirements for certification, testing
and recordkeeping in the youth ATV
standard.
C. The Product
1. What’s Covered by the Proposed
Rules
An ATV is a motorized vehicle with
three or four broad, low pressure tires
(less than 10 pounds per square inch) a
seat designed to be straddled by the
operator, handlebars for steering, and it
is designed for off-road use. Most ATVs
are designed for use by only one person.
However, some companies have
developed ATVs intended for use by the
operator and one passenger. These
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ATVs are referred to in this notice as
tandem ATVs. The proposed rules the
Commission is issuing cover threewheeled ATVs, four-wheeled adult
ATVs intended for single riders, fourwheeled adult tandem ATVs, and ATVs
intended for children under 16 years of
age (referred to here as youth ATVs).
2. Market and Sales Information
The market for ATVs has increased
greatly since they were first introduced
over thirty years ago. The SVIA, an ATV
trade association, estimated that in
2005, there were 6.9 million ATVs in
use. The market is made of seven major
distributors of ATVs (the companies
that have entered into voluntary LOUs
with the Commission and are
represented by SVIA) and new entrants
that import ATVs to the U.S. Sales by
both groups have increased over the
past decade. U.S. retail sales of ATVs by
the seven major distributors have
increased from an estimated 293,000
ATVs sold in the U.S in 1995 to an
estimated 921,000 ATVs sold in the U.S.
in 2005. [4] 5
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3. Imports
Imports for the new entrants have
increased markedly in recent years. In
the late 1990’s, imports comprised a
small portion of the ATV market, near
zero. In 2001, imports were estimated to
account for about 5 percent of total U.S.
sales. By 2004, imports had increased to
10 percent of the total U.S. market. [4]
In 2006, Commission staff has
identified over 80 importers of ATVs.
Most of these firms import other
products in addition to ATVs, such as
powered scooters, dirt bikes, go-carts
and snow mobiles. A recent trade report
estimated that 100 to 150 Chinese
manufacturers and an estimated 22
Taiwanese firms exported ATVs
worldwide in 2005. The trade report
does not indicate what share of these
firms’’ output is exported to the U.S.,
but based on another trade analysis,
Commission staff estimates that
approximately 80,000 ATVs were
exported from China to the U.S. in 2004
and approximately 14,000 ATVs were
exported from Taiwan in that year.
There also appear to be imports from
other countries in Europe and Southeast
Asia (notably South Korea and
Vietnam), but the staff does not have
information on the extent of such
imports. [4]
5 Numbers in brackets refer to documents listed
at the end of this notice. They are available from
the Commission’s Office of the Secretary (see
‘‘Addresses’’ section above) or from the
Commission’s web site (https://www.cpsc.gov/
library/foia/foia.html)
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Staff has observed that imported
ATVs may lack some or all of the
labeling specified in the LOUs. On such
ATVs, labels may be unclear, translated
incorrectly, or in a language other than
English. Staff has also found that
owner’s manuals for imported ATVs
may not provide information that could
be understood by U.S. consumers (e.g.,
information that conflicts with labeling,
measurements in unfamiliar measuring
systems). [8]
4. Marketing
The major distributors have
traditionally marketed ATVs through
franchises, either as free-standing
locations or in conjunction with other
related retail operations (such as
motorcycle retailers). [4]
Imported ATVs are sold in a variety
of ways. They may be sold through
distributors, including some of the
major distributors. Foreign firms also
market through U.S. importer/
wholesalers who, in turn, may market
the products to retailers (including such
mass marketers as Pep Boys, Fleet and
Farm, Wal-Mart, Sam’s Club, and BJ’s).
Some importer/suppliers also have
dealer networks. [4]
Imported ATVs also are offered for
sale directly to consumers through
import brokers who transship imported
units to retailers (or consumers), often
without taking physical control of the
products. Web sites offering ATVs for
sale are ubiquitous. A recent CPSC
surveillance effort reported that there
were literally hundreds of Web sites
offering ATVs for sale, but the staff does
not know the extent of actual purchases
through the Internet. [4]
5. Consumer Prices
The staff’s 2004 market study
observed that the major distributors’
suggested retail price for ATVs ranged
from about $2,000 to $8,000; the median
suggested retail price was $5,150. As a
subgroup, the price ranges for youth
ATVs from these manufacturers was
$1,800 to $2,500. The median suggested
retail price for youth ATVs was about
$2,300. [4]
A recent staff Internet search of new
ATVs with brand names other than
those of the North American
distributors, offered for sale by business
entities, found youth ATV models
ranging from about $320 to $950 each,
with an average price of about $630.
Larger ATVs ranged from about $600 to
$2,400, with an average of $1,340. The
cited prices included the cost of
shipping to points within the lower 48
states from the dealers’ U.S.
warehouses. Thus, it appears that ATVs
from importers/new entrants may have
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a significant price advantage over the
major distributors’ products. [4]
D. Risk of Injury
As noted in the 2005 ANPR, the most
recent annual report of ATV deaths and
injuries that the Commission has issued
is the 2004 Annual Report (which was
issued in September 2005). According to
that report, the Commission had reports
of 6,494 ATV-related deaths that have
occurred since 1982. Of these, 2,019 (31
percent of the total) were to children
under 16 years of age and 845 (13
percent of the total) were to children
under 12 years of age. According to the
2004 Annual Report, 569 ATV-related
deaths were reported to the Commission
for 2003. Deaths reported to the
Commission represent a minimum
count of ATV-related deaths. To account
for ATV-related deaths that are not
reported to the Commission, the staff
calculates an estimated number of ATV
deaths. The most recent estimate of
ATV-related deaths for 2003 is 740. [3]
CPSC collects information on hospital
emergency room treated injuries. The
estimated number of ATV-related
injuries treated in hospital emergency
rooms in 2004 was 136,100. This is an
increase of about eight percent over the
2003 estimate. The estimated number of
injuries to children under 16 in 2004
was 44,700 (about 33 percent of the total
estimated injuries for 2004). [3]
The staff also estimates the risk of
injury and the risk of death per 10,000
ATVs in use. According to the 2004
Annual Report, the estimated risk of
injury for four-wheel ATVs for 2004 was
187.9 injuries per 10,000 four-wheel
ATVs in use. A recent high in the
estimated risk of injury occurred at
200.9 in 2001. The estimated risk of
death for four-wheel ATVs in 2003 was
1.1 deaths per 10,000 four-wheel ATVs
in use. In 1999, the earliest comparable
year due to changes in data collection,
the estimated risk of death was 1.4
deaths per 10,000 four-wheel ATVs in
use. [3]
Based on injury and exposure studies
conducted in 1997 and, most recently,
in 2001, the estimated number of ATVrelated injuries treated in hospital
emergency rooms rose from 52,800 to
110,100 (a 109 percent increase).
Injuries to children under 16 rose 60
percent. During these years, the
estimated number of ATV drivers rose
from 12 to 16.3 million (a 36 percent
increase); the estimated number of
driving hours rose from 1,580 to 2,360
million (a 50 percent increase); and the
estimated number of ATVs rose from 4
to 5.6 million (a 40 percent increase).
The chief finding of the 2001 Report
was that increases in the estimated
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numbers of drivers, driving hours and
vehicles did not account for all of the
increase in the estimated number of
ATV injuries. [3]
E. Children and ATVs
During its involvement with ATVs,
the Commission has been particularly
concerned with reducing the ATVrelated deaths and injuries suffered by
children. The Consent Decrees
established age guidelines, which the
major distributors continue through
their Letters of Undertaking. In the
Consent Decrees, the major distributors
agreed to represent and to make their
best efforts to see that their dealers also
abided by age recommendations in their
dealings with purchasers. These age
recommendations were based on the
ATV’s engine size (measured as cubic
centimeter (‘‘cc’’) displacement). They
established that an ATV with an engine
that is larger than 90 cc should be used
only by those 16 years of age and older,
and that an ATV with an engine size
between 70 and 90 cc should be used
only by those 12 years of age and older.
Thus, ATVs with engine sizes larger
than 90 cc have been considered adult
ATVs.
Yet, in spite of these efforts through
the Consent Decrees and LOUs, recent
Commission staff studies have shown
that many children ride adult ATVs,
and that injury rates are climbing. The
Commission’s injury and exposure
studies indicate that injuries to children
under age 16 rose 60 percent from 1997
to 2001. Although the number of
children riding ATVs also rose during
this period, that increase does not fully
account for the rise in incidents.
The age delineations in the Consent
Decrees made no mention of speed
limits. However, the ANSI/SVIA–1–
2001 voluntary standard does categorize
youth ATVs by reference to speed
limits. The voluntary standard requires
that Y–6 ATVs (intended for ages 6–11)
have devices to limit their speed to not
more than 10 mph and allow upward
adjustment to a maximum unrestricted
speed of 15 mph. Y–12 ATVs (intended
for ages 12–16) have similar
requirements to limit speed to not more
than 15 mph and allow upward
adjustment to a maximum unrestricted
speed of 30 mph.
The Commission is proposing to
change the categorization of ATVs based
on engine size that the Consent Decrees
established. Instead the Commission
proposes three categories of youth ATVs
based on maximum speed of the ATV.
The 90cc policy is design restrictive;
engine size does not necessarily restrict
ATV size, nor does it necessarily
regulate maximum unrestricted speed;
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staff cannot make assumptions (e.g.,
speed, power, weight, or size) about all
ATVs of a certain engine size based
solely on the engine displacement
values; and the current voluntary
standard for ATVs categorizes youth
ATVs by speed limiting characteristics,
not engine size.
The Commission’s ESHF staff
considered several sources to determine
appropriate categories of ATVs. Based
on developmental characteristics,
children are typically grouped as: age 5
through 7 or 8; age 8 or 9 through 11 or
12; age 12 through 15; and age 16 and
up. Children, of course, do not all
develop at the same rate, but these
groupings are appropriate for most.
The CPSC staff’s Age Determination
Guidelines, state that children age 6
through 8 years can operate slowmoving motorized vehicles, and that
children age 9 through 12 years can
operate motorized vehicles with gear
shifting up to 10 miles per hour. The
guidelines state a clear demarcation
with the teenage years: ‘‘faster [than 10
mph] moving motorized [vehicles] are
generally not appropriate even for 12year-olds because of the difficulty
associated with both balancing and
steering the vehicle while moving.’’
Since ATVs require significant balance
and control, it seems most appropriate
to have an age division around the late
pre-teen/early teenage years. Based on
youth attributes described in the Age
Determination Guidelines, reasonable
youth ATV categories would be Y–6
(‘‘slow-moving,’’ no gear shifting), Y–9
(speeds 5–15 mph, gear shifting
acceptable) and Y–13 (since the Age
Determination Guidelines stop at age 12,
no specifications can be made based on
them). Additionally, the Age
Determination Guidelines mention that
9-to 12-year-olds are generally ‘‘aware of
traffic laws, but they are very likely to
engage in high-risk behaviors like riding
in traffic and stunt riding.’’
In addition to cognitive development,
appropriate age groupings should
account for children’s physical size.
Analysis of children’s physical growth
suggests groupings with breaks roughly
at around ages 8 to 9 and 11 to 13,
acknowledging that growth will be rapid
between ages 11 and 16 for both males
and females.
Groupings set out in the Age
Determination Guidelines can be used
to delineate three categories for youth
ATVs based on maximum speed of the
ATV. For the youngest category, the Age
Determination Guidelines indicate that
the ATV should be ‘‘slow-moving.’’ One
method of defining ‘‘slow moving’’
could be slow enough to allow parents
to walk or jog with the ATV to facilitate
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supervision. Under this premise, it
would be reasonable to set the
maximum speed for the slowest youth
ATV between the jogging speed and
running speed. Research indicates that
is about 9 to 10 mph. Based on the Age
Determination Guidelines, the next
category should be roughly 10 to 15
mph. The Age Determination Guidelines
do not extend past 12 years of age, but
it is reasonable to assume that the third
category could be faster than 10 mph
and that older, more experienced teens
may be able to handle speeds higher
than 10 to 15 mph. The Commission’s
ESHF staff has found no scientific
research to support either raising or
lowering the current 30 mph speed limit
for teens. Thus, 30 mph is a reasonable
top speed for the third category of youth
ATVs.
PROPOSED ATV MODELS AND
INTENDED AGES
ATV Model age
(years)
Junior 6 + ..................
Pre-teen 9 + ..............
Teen 12 + ..................
Adult 16 + ..................
Speed range
10 mph or less.
10*¥15 mph.
15*¥30 mph.
Not restricted.
* With speed limiter.
Although the weight of the ATV can
play a role in the suitability of an ATV
for a youth, the Commission does not
have sufficient information to set an
appropriate weight for youth ATVs.
Frame size also plays a role in the
appropriateness of an ATV for a child.
Several commenters have expressed
frustration with the current ATVs
available for children because the
smaller frames of these ATVs will not fit
some 13 to 15 year olds. Establishing
categories based on speed limit rather
than engine size may encourage
manufacturers to offer ATVs with larger
frames (and larger engines), but with
limited maximum speeds that would be
appropriate for children.
The availability of such youth ATVs
may shift a number of young riders to
youth ATVs rather than larger adult
models. This would increase safety.
Commission analysis indicates that the
injury rate for ATV riders under the age
of 16 who are driving adult ATVs is
about twice the expected injury rate of
those who are driving age-appropriate
ATVs. Moreover, these categories may
enable more children to receive formal
ATV training. The largest and best
established formal training programs
will not train children under age 16
unless they are riding an appropriate
youth model. [8]
The proposed rule also requires that
youth ATVs must have automatic
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transmissions. Based on the Age
Determination Guidelines, ESHF staff
believes that manual transmission ATVs
are inappropriate for children under 9
years of age. Due to the high cognitive
load required to operate complex
motorized vehicles, HF staff believes it
best to allow all children below 16 years
of age to master driving skills before
learning to coordinate gear shifting with
the many other skills involved when
riding.
F. Training
In the 1980s, Commission staff
worked with the major ATV distributors
to develop the predecessor to the
current ATV training course that is
offered through the ATV Safety Institute
(‘‘ASI’’), the non-profit training division
of the SVIA. Training is important
because operating an ATV seems
deceptively easy; steering controls are
similar to a bicycle, and the throttle is
generally simply lever-operated with the
thumb. ATVs are, however, high-speed
motorized vehicles that require repeated
practice to drive proficiently. Operating
an ATV is somewhat comparable to
operating other complex motorized
vehicles. ATVs have top speeds
approaching that of automobiles on
highways, yet have as little protection
from oncoming objects as a motorcycle.
Even at relatively low speeds (20–30
mph) they can take as much skill to
operate as an automobile because the
operator requires: (1) Situational
awareness to negotiate unpaved terrain
with both eye-level hazards (trees, other
ATVs) and trail-level hazards (ditches,
rocks, hidden holes); and (2) quick
judgments including not only steering,
speed, and braking, but also terrain
suitability, weight shifting and other
active riding behaviors. [12]
Formal, hands-on training teaches
drivers how the ATV responds in
situations that are typically
encountered. ATV training may act as a
surrogate for experience because it
exposes new ATV drivers to situations
they will encounter when riding offroad and teaches them the proper
driving behavior to navigate those
situations.[12]
All of the major distributors offer
training through the ASI. In spite of the
offers of free training and other
incentives, relatively few ATV riders
take formal safety training. According to
a 2004 study by SVIA, only about 7
percent of new purchasers actually took
training. The newer entrants to the
market do not offer any training with
their ATVs. These manufacturers
account for about 10 percent of
domestic ATV sales, but their share of
the market has been increasing. [4 & 12]
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The Commission is proposing to
require that manufacturers provide
purchasers with a certificate for free
training for the purchaser and any
member of his/her immediate family
who meets the age recommendations for
the ATV. The benefits of training to new
ATV purchasers could be substantial.
As stated above, training may act as a
surrogate for experience. The greatest
risk of injury occurs with inexperienced
riders. Staff’s analysis of ATV incident
data has found a strong inverse
relationship between driving experience
and the risk of hospital emergency
department-treated injury. The analysis
indicates that risk in the first year of
riding was about 65 percent higher than
the risk in the second year, and about
twice the risk of the third year. [8]
The proposed rules outline the basic
content that a free training course must
have. This curriculum is based on CPSC
safety messages and the ‘‘ATV Rider’s
Course Outline’’ from the Consent
Decrees. In addition to instruction about
the basic maneuvers that are necessary
to operate an ATV safely, the course
must include instruction about the risks
of ATV-related deaths and injuries, the
importance of safety equipment, and the
importance of avoiding the warned
against behaviors that are stated in the
general warning label (such as children
not riding ATVs, not driving on paved
roads, etc.). [12]
In many ways, training is essentially
an extension of the warning labels and
owners instruction manuals. The
training course provides the rider with
a fuller understanding of the risks
involved in riding an ATV and of the
actions he/she can take to avoid or
reduce these risks.
G. Description of Proposed Standards
1. General
The proposed standards draw from
the ANSI/SVIA 1–2001 standard for
four-wheel ATVs (for single rider
ATVs), the draft voluntary standard for
tandem ATVs, the Consent Decrees, and
the LOUs. The Commission has pulled
together elements from all of these
sources to construct proposed standards
with the goal of reducing ATV-related
deaths and injuries. Both the adult and
youth standards require that ATVs meet
requirements for the mechanical
operation of the ATV, informational/
point of sale requirements, and
certification and recordkeeping
requirements.
The Commission believes that the
reduction of deaths and injuries from
both adult and youth ATVs will require
the active participation and cooperation
of the ATV industry and we encourage
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their recommendations for additional
safety provisions to the proposed
mandatory standards. The creation of
viable, safer youth ATVs will be an
important component of any final rule.
2. Requirements for Adult Single Rider
ATVs
a. Definitions
All terrain vehicle or ATV is defined
as ‘‘a three-or four-wheeled motorized
vehicle that travels on low pressure
tires, has a seat designed to be straddled
by the operator (and a passenger if
provision is made for carrying a
passenger), has handlebars for steering,
and is intended for off-road use on nonpaved surfaces.’’ The definition of ATV
states that for purposes of this part, an
ATV is one that is intended for an
operator 16 years of age or older. The
term ‘‘manufacturer’’ is defined to
include an importer for purposes of the
ATV standards. Many of the definitions
in the proposed standard are derived
from the ANSI/SVIA–1–2001 standard.
b. Equipment and Configuration
Requirements
General. Section 1410.5 proposes
requirements for various aspects of the
mechanical operation of adult singlerider ATVs. Many of these requirements
are substantially the same as
requirements of the ANSI/SVIA–1–2001
voluntary standard. However, the CPSA
requires that consumer product safety
standards be stated as performance
rather than design standards. Thus,
some requirements that were stated in
the ANSI standard in terms of design
have been modified to establish
performance requirements.
The provisions of this section ensure
that there will be uniformity in the basic
operation of ATVs from one make or
model to another. Proposed
configuration requirements for vehicle
controls, indicators, and gearing ensure
the standardized instrumentation and
safety features of current ATVs. It is
important that the location and method
of operation of safety related controls,
such as brake controls and engine stop
switch, be standardized to reduce
operator confusion. The specified
requirements are consistent with current
ATV practice which is based on the
National Highway Traffic Safety
Administration requirements for
motorcycle control location and
operation requirements (49 CFR
571.123). [5]
Operator Foot Environment. Proposed
performance requirements for operator
foot environment ensure adequate
vehicle configuration that reduces
inadvertent contact between the
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operator’s feet and the ground or the
ATV’s rear wheels. Operator foot
contact with the ground or the ATV’s
rear wheels has been identified as a
hazard pattern among ATV-related
injuries. Differing zones are defined for
ATVs equipped with footpegs (designed
to support the operator’s foot with a
relatively narrow bar), and footboards
(designed to support the operator’s foot
with a platform-type structure). [5]
Lighting. Proposed lighting
requirements mandate headlamps, tail
lamps, and stop lamps on all adult
ATVs. The lighting equipment must
conform to applicable referenced
standards. This provision was adopted
from the ANSI/SVIA–1–2001 standard.
Nighttime riding can be expected with
adult ATVs and requirements for
industry standard headlamps will
ensure minimum illumination for nighttime or safer operation of the vehicle. [5
& 7]
VIN or PIN. The proposed standard
requires that each ATV have assigned a
unique vehicle identification number
(‘‘VIN’’) in accordance with 49 CFR Part
565 or a product identification number
(‘‘PIN’’) in accordance with Recreation
Off-Road Vehicle Product Identification
Numbering System, SAE International
Consortium Standard, ICS–1000, issued
2004–9. If the ATV has a VIN number,
the characters in location 4 and 5 of the
number must be ‘‘A’’ and ‘‘T’’,
respectively to identify the vehicle as an
ATV and an off road vehicle. Having a
VIN or PIN on every ATV can be helpful
if an ATV is the subject of a corrective
action. The VIN or PIN should also
permit tracing the ATV back to its
retailer to determine compliance with
applicable requirements.
Maximum speed capability and brake
requirements. Procedures are outlined
for the measurement of a loaded
vehicle’s maximum speed. The
maximum speed is used to determine
the brake test speed and conformance to
the youth ATV speed restriction
requirements. [5]
The proposed standard establishes
performance tests for service brakes and
parking brakes. Reliable brake
performance is critical to the safety of
an ATV operator. The requirements
specify a braking deceleration of 5.88m/
s2 (0.6g) or greater for service brakes and
brake holding power up to a 30 percent
grade for parking brakes. [5]
These proposed requirements
establish minimum brake performance
to ensure that brake systems are
adequate for stopping the vehicle and
holding the vehicle on an incline. The
specified requirements are consistent
with current ANSI/SVIA–1–2001
voluntary standard requirements which
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are patterned after those in the Federal
Motor Vehicle Safety Standard No. 122
Motorcycle Brake Systems (49 CFR
571.122).
The proposed requirements deviate
from the current ANSI/SVIA–1–2001
requirements in terms of the vehicle test
weight used to perform service brake
tests. The current voluntary standard
specifies the test weight as the unloaded
vehicle weight plus 91 kg (200 lb) if the
vehicle load capacity is specified as 91
kg (200 lb) or more. The proposed
requirements specify the test weight as
the unloaded vehicle weight plus the
vehicle load capacity. This will ensure
that larger vehicles with larger load
capacities do not have a less stringent
brake requirement (by using a
comparatively lower test weight during
brake tests).
Stability requirements. The standard
proposes the same pitch stability
requirements as the ANSI/SVIA–1–2001
voluntary standard. The pitch stability
for single-rider ATVs is based on the
longitudinal tilt angle of a vehicle
without an operator. A vehicle’s
longitudinal tilt angle can be calculated
by measuring the vehicle’s front and
rear weights and balancing angle (angle
at which vehicle is balanced on its rear
wheels) or it can be measured on a tilt
table. The ANSI/SVIA–1–2001
voluntary standard requires calculation
of a vehicle’s longitudinal pitch angle
which must be 45 degrees or higher to
meet the pitch stability requirement.
The proposed requirements adopt this
test procedure and minimum tilt angle
for single-rider ATVs, and add a tilt
table option to address larger ATVs
whose weights could make it unsafe to
follow the voluntary standard
procedures for measuring and
calculating the pitch stability.
The proposed pitch stability
requirements deviate from ANSI/SVIA–
1–2001 in terms of the test conditions of
the vehicle. The current voluntary
standard specifies that the vehicle tires
be inflated to the ATV manufacturer’s
lowest recommended pressure. The
proposed requirements specify that the
tires be inflated to the ATV
manufacturer’s highest recommended
pressure. This will ensure that the
vehicle configuration with the highest
expected center of gravity will be tested.
Over the years, the Commission has
analyzed the issue of ATV stability.
Because ATVs are rider-active vehicles
(that is, their performance is affected by
the rider’s movements), it is difficult to
evaluate an ATV’s actual stability. A
satisfactory static test has been
developed to measure an ATV’s pitch
stability (movement from front to back).
At this point in time, the industry has
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not been able to develop a satisfactory
test of lateral stability (movement from
side to side). Thus, the ANSI/SVIA–1–
2001 standard has a requirement for
pitch stability, but not for lateral
stability. The Commission’s proposed
standard likewise contains requirements
only for pitch stability. However, the
Commission encourages the industry to
continue to pursue an accurate and
reliable test for lateral stability.
c. Information/Point of Sale
Requirements
The proposed standard mandates by
rule many similar information/point of
sale requirements as were specified in
the Consent Decrees and subsequently
continued in the LOUs. This subpart of
the proposed standard contains
requirements for labeling, hangtags, age
acknowledgment forms, instructional/
owner’s manuals, a safety video, and
instructional training.
Warning labels. The Consent Decrees
specified four labels to appear on all
ATVs: (1) a general warning label, (2) an
age recommendation label, (3) a
passenger warning label, and (4) a tire
pressure and overloading warning label.
Most ATVs include these or
substantially equivalent labels as well as
other discretionary warning labels.
However, imported ATVs may not have
all of these warning labels, the labels
may be unclear or they may not be in
English.
The proposed rule requires labels that
are similar to those required by the
Consent Decrees, but allows more
flexibility. The warning labels have
evolved since the Consent Decrees, and
the major distributors currently use
their own copyrighted labels that
present substantially the same warnings.
In the case of the general warning label
and the passenger label, the distributors
sought Commission approval for new
labels that included pictograms and
somewhat different wording than had
been specified in the Consent Decrees.
Like the Consent Decrees, the
proposed rule requires a general
warning label, an age recommendation
warning label, a passenger warning label
and a tire pressure/overloading label (or
labels). All of the warning labels must
display the safety alert symbol in
accordance with section 4.1 of ANSI
Z535.4–2002, American National
Standard for Product Safety Signs and
Labels, and the word ‘‘WARNING’’ in
capital letters. The format for all of the
labels must be consistent with the ANSI
Z535.4–2002 standard. The proposed
rule requires the same location for the
single-rider ATVs as was required by
the Consent Decrees. The proposed rule
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requires the warning labels to be in
English.
The proposed rule specifies
statements for these warning labels and
requires that the warning labels provide
these, or substantially equivalent,
statements. This should enable
provision of the vital safety information
but allow some flexibility to
manufacturers who are using labels that
are consistent with, but not identical to,
the Consent Decree labels.
General warning label. The proposed
rule requires a general warning label
that contains the same statements, or
substantially equivalent ones, as the
general warning label required by the
Consent Decrees. This label warns that
ATVs can be hazardous to operate and
that severe injury or death can result if
the operator does not follow
instructions to: Read the owners manual
and all labels; never operate the ATV
without proper instruction; never carry
a passenger; never operate the ATV on
paved surfaces or on public roads;
always wear a helmet and protective
clothing; never consume alcohol or
drugs before or while operating ATVs;
never operate the ATV at excessive
speeds; and never attempt wheelies,
jumps or other stunts. The proposed
rule states that the warning statements
may be arranged on the label to group
the prohibited actions together and the
required actions together. This is how
many of the current general warning
labels are arranged. The location is to be
the same as specified in the Consent
Decrees.
Age recommendation warning labels.
The content of the age recommendation
warning labels differs from the Consent
Decree labels. The Commission’s
Human Factors staff concluded that the
Consent Decree age labels for adult
ATVs are vague about the nature of the
hazard they are warning against and
may not be as persuasive as they could
be. The primary reasons for the age
recommendations are children’s lack of
experience and, particularly, their
immature judgment. If the reasons for
the age recommendations are not
explicitly described in the label, parents
may rationalize why their children are
exceptions to the recommendations.
Thus, the proposed rule requires the
following, or substantially similar
statement: ‘‘Even youth with ATV
experience have immature judgment
and should never drive an adult ATV.’’
The proposed age recommendation label
also differs from the Consent Decree
label by directing the message to the
supervising parents rather than to the
child, who is likely to ignore it. Thus,
the proposed rule requires the
following, or substantially equivalent,
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statement: ‘‘Letting children under the
age of 16 operate this ATV increases
their risk of severe injury or death.
NEVER let children under age 16
operate this ATV.’’ [10]
Passenger warning label. The
proposed rule specifies different
wording for the passenger warning label
than the Consent Decrees required. The
major distributors are currently using a
passenger label that differs from the
Consent Decrees. As with the general
warning label, they asked for and
received approval from the Commission
for a different passenger label. Both the
current label and the Consent Decree
label identify that the hazard caused by
a passenger is that the ATV may go out
of control, but the labels do not state
how the presence of a passenger can
lead to loss of control. To address this,
the proposed standard requires the
following, or substantially similar,
statement: ‘‘Passengers can affect ATV
balance and steering. The resulting loss
of control can cause SEVERE INJURY or
DEATH.’’ The proposed standard also
requires the statement (or a substantially
similar one): ‘‘NEVER ride on this ATV
as a passenger.’’ The proposed language
inserts the phrase ‘‘on this ATV’’
because, with the development of
tandem ATVs, some ATVs are intended
to carry passengers. [10]
Tire pressure and overloading
label(s). Like the Consent Decrees, the
proposed standard allows the option of
having the tire pressure warning and the
overloading warning in separate
warning labels or combined into one
label. The proposed content of the
label(s) is the same as specified in the
Consent Decrees.
Label durability. The proposed rule
requires that all of the warning labels
must meet the durability requirements
of Underwriters Laboratories Standard
UL 969, fourth edition, October 3, 1995.
This should ensure that the labels will
remain on the ATVs and legible for
operators to see.
Discretionary warning labels. The
proposed standard allows
manufacturers to display additional
warning labels on ATVs so long as they
are consistent with ANSI Z535.4–2002,
American National Standard for Product
Safety Signs and Labels ANSI Z535.4
(2002) and are affixed to the ATV in an
appropriate location that does not
detract from the required warning
labels. [10]
Hangtags. Like the Consent Decrees,
the proposed standard requires that
certain hangtags be present on the ATV
at the point of sale. The hangtags must
provide the contents of the general
warning label, a statement that the
hangtag is not to be removed before sale,
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and a statement directing the purchaser
to check with the ATV dealer about
state or local laws concerning ATVs.
The hangtags must be conspicuous and
must be at least 4 by 6 inches.
Age acknowledgement form. The
proposed rule requires that before the
sales transaction, the ATV retailer must
provide the purchaser with an age
acknowledgement form, the content of
which is specified in the proposed rule.
The form tells the purchaser that the
ATV he/she is considering is for adults
and that children have immature
judgment and should never drive an
adult ATV. The form states the number
of children who have died and who
have been injured on adult ATVS in
each year since 2001 and informs the
purchaser that youth ATVs are
available. The retailer must require the
purchaser to sign the acknowledgement
form before the sales transaction; must
provide the purchaser and manufacturer
with a copy of the form; and must
maintain the original for at least five
years. The signed forms must be
available for Commission inspection
upon request.
The purpose of the age
acknowledgment form is to ensure that
everyone who purchases an adult ATV
is aware that it is not intended to be
ridden by anyone under 16 and that
children can be severely injured or die
when riding an adult ATV. The
Commission has received comments
from parents indicating that they were
unaware of the hazard adult ATVs pose
for children until their child became
injured or killed while riding one. Even
with the current warning labels on
ATVs stating this hazard and with the
LOU provisions that voluntarily
continue the major distributors’
agreement to follow the age guidelines
of the Consent Decrees, apparently some
consumers purchase adult ATVs
without knowing that a child should not
ride them. Requiring purchasers to sign
a form which states the age
recommendations will inform the
purchaser of the risks to children riding
adult ATVs and could influence them to
prohibit children under 16 from riding
one. [8 & 11]
Instructional/owners manuals. Like
the Consent Decrees, the proposed rule
requires that ATVs be provided with an
instructional/owners manual. The
proposed rule continues many of the
Consent Decrees’ requirements for the
manuals. They must be written to
convey information about the safe
operation and maintenance of the ATV,
be written plainly in language that is
comprehensible to a 7th grader, and be
consistent with other required safety
messages. The basic content of the
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manual is specified much as it was in
the Consent Decrees. The proposed rule
adds a requirement that the manuals be
in English.
An introductory safety section must
contain certain specified safety
messages. This section concludes with
CPSC’s website and phone number, and
the manufacturer must provide a contact
number for the purchaser to obtain
further ATV safety information. The
manufacturer also must provide a phone
number or email address for the owner
to report any safety issues (this could be
the same phone number). The section of
the manual that describes proper
operating procedures must include
narrative text identifying potential
hazards, possible consequences, and
describing how to avoid or reduce the
risk of those hazards. This text must
also include relevant warning
statements required by the standard.
The manufacturer must retain a copy of
the manual for each model for 5 years
and make it available for CPSC
inspection upon request.
Safety Video. The proposed rule
requires the retailer to provide the
purchaser with a safety video before the
sales transaction is completed. The
requirements for the safety video are
substantially the same as those set out
in the Consent Decrees. The video is to
include the contents of the hang tag, the
concept of knowing one’s limitations
when operating an ATV, the importance
of gradually progressing from basic to
more complex maneuvers, and the
importance of remaining alert while
operating the ATV. The video also must
include ATV-related death and injury
statistics, both for all riders and for
children under the age of 16, which can
be stated in rolling five-year averages.
These must be updated when there is a
statistically significant change in the
statistics. The video must be made
available to the purchaser in at least one
commonly used format, such as VHS or
DVD. The manufacturer must retain a
copy of the video for 5 years and make
it available for CPSC inspection upon
request.
The Commission believes that
providing the safety video is an
extension of the safety messages
specified in the warning labels and the
instructional/owners manual. The video
provides safety information through a
readily accessible medium. It can impart
more detailed safety information than a
warning label can. A purchaser might be
more inclined to watch a safety video
shortly after purchasing an ATV than
he/she would be to read the entire
owner’s manual with all of its safety
information.
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Instructional Training. The proposed
rule requires ATV manufacturers to
provide to purchasers a training course
(at no cost) for the purchaser and each
member of the purchaser’s immediate
family who meets the minimum age
recommendation for the ATV that is
being purchased. At the time of sale, the
retailer must deliver to the purchaser a
certificate which is valid for attendance
at a training course that meets the
requirements in the proposed rule. The
retailer also must have the purchaser
sign a form indicating that ATVs are
complex vehicles to drive and that he/
she is aware that free training is
available. The retailer must retain the
original of the training disclosure form
and provide the purchaser and the
manufacturer each with a copy.
As discussed above, the Commission
believes that training can play an
important role in reducing ATV-related
deaths and injuries. The curriculum
specified in the proposed rule is similar
to training that is currently offered by
SVIA. It includes instruction on the
maneuvers necessary for operation of
the ATV and information about
behaviors to avoid in order to reduce the
rider’s risk of injury. The course must
include classroom, field and trail
activities. The course content must
include information on ATV-related
deaths and injuries; the role of safety
equipment; rider responsibilities and
safety messages; identifying displays
and controls on the ATV itself;
recognizing one’s limitations while
driving; evaluating a variety of
situations to predict a proper course of
action, including terrain obstacles and
behavior of other riders; demonstrating
successful learning of riding skills,
including starting, stopping, and
negotiating turns of all types; stopping
in a turn; emergency braking;
negotiating full-track and partial-track
obstacles; driving up hills; and
combining skills together in a nonpredictable manner. No course duration
is specified, but it must be sufficient to
cover all of the topics outlined in the
proposed rule and to allow for students
to individually master the riding skills
covered in the course and to allow for
written and riding skills tests.[12]
Although no specific time or location
is stated, the course must be provided
within a reasonable time from the date
of purchase of the ATV and a reasonable
distance from the place the ATV is
purchased.
Recordkeeping, testing and
certification. The proposed rule requires
manufacturers to provide near the VIN
or PIN number a statement certifying
that the ATV meets the requirements of
the standard. The manufacturer must
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perform, or cause to be performed, tests
sufficient to demonstrate on an
objectively reasonable basis that each
ATV produced by the manufacturer
meets the mechanical operation
requirements of the proposed rule
(sections 1410.5 through 1410.9). (This
requirement is not intended to mandate
testing of every ATV of a particular
model.)
The proposed rule requires ATV
manufacturers (including importers) to
keep records sufficient to show that
each ATV the manufacturer produces
meets the requirements of the proposed
standard. The records must be in
English and must be kept at a U.S.
location for five years after the
manufacturer ceases production of that
model. Retailers must keep records of
the age recommendations
acknowledgment form and the training
acknowledgment form for five years
after the purchase.
3. Requirements for Tandem ATVs
a. Background
Tandem ATVs are a relatively recent
development. The Consent Decrees did
not contemplate ATVs designed for
more than one rider. The ANSI/SVIA–
1–2001 standard does not cover tandem
ATVs. However, in 2002 the
International 2-Up ATV Manufacturers
Association (I2AMA) began working on
a voluntary standard for tandems, which
subsequently became a draft ANSI
voluntary standard, ANSI/I2AMA–1–
XXXX, Draft American National
Standard for Four Wheel, Two Person,
All-Terrain Vehicles Equipment,
Configuration, Performance, Safety
Information and Training Requirements.
Recently, I2AMA agreed to suspend its
development of a tandem standard and
will instead work with SVIA to include
tandem ATVs in the existing ANSI/
SVIA standard. [5]
The Commission covers tandem ATVs
in its proposed standard for adult ATVs.
Most of the requirements for single rider
ATVs also apply to tandems. A few
provisions in the equipment and
configuration requirements and the
information requirements are different
in order to make them appropriate for
tandems. The certification, testing and
recordkeeping requirements specified
above also apply to tandem ATVs.
b. Equipment and Configuration
Requirements
Most of the proposed equipment and
configuration requirements for single
rider ATVs also apply to tandem ATVs.
The proposed standard for tandems
states requirements for the passenger
environment, and modifies the single
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rider requirements for the operator and
passenger foot environment to suit
tandem ATVs. The proposed tandem
standard also adds requirements for
passenger handholds. Two headlights
and two tail lights are required for
tandem ATVs that are wider than 1500
mm. These proposed requirements are
based on the draft voluntary standard
for tandem ATVs and additional
information provided by letter from the
SVIA of May 19, 2006. [5]
The proposed pitch stability
requirements are different for tandem
ATVs than for single rider ATVs. The
pitch stability for single rider ATVs is
based on the longitudinal tilt angle of a
vehicle without an operator. However,
the pitch stability for tandem ATVs is
based on the tilt angle of a vehicle with
an operator and passenger (simulated
loads). The proposed requirements for
tandem ATVs adopt the tilt table
method and minimum tilt angle
specified in the ANSI draft standard for
tandem ATVs. A tandem ATV with
simulated operator and passenger
weights must reach a minimum of 36
degrees in the longitudinal direction on
a tilt table before lift-off of both
uppermost tires occur. Lift-off of a tire
occurs when a strip of 20-gauge steel
can be pulled from underneath the tire
with a force of 9 N (2 lbf) or less. [5]
c. Information Requirements
Most of the information requirements
discussed above for single rider ATVs
also apply to tandem ATVs. However,
there are a few differences. The general
warning label proposed for tandem
ATVs omits the warning about carrying
a passenger. The passenger warning
label is completely different from the
passenger warning label of single rider
ATVs. It states ‘‘Never carry more than
1 passenger,’’ and states the following
recommended hazard avoidance
behaviors: ‘‘Never carry a passenger too
small to firmly plant his/her feet on the
footrests and to securely grab the
handles; never allow a passenger to sit
in a location other than the passenger
seat; and never carry a passenger who is
not securely grasping the grip handles at
all times.’’ [10]
The location required for the
passenger warning label for tandem
ATVs is also different from the location
required for the single rider ATV.
Because the general warning label
required by the proposed standard no
longer has any warnings about
passengers, the passenger warning label
should have greater visibility. Therefore,
the proposed rule requires it to be
affixed to the front fender of the tandem
adjacent to the general warning label, so
that it can be easily read by the operator
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when seated on the ATV in the proper
operating position. [10]
The hangtag must provide the
contents of the general warning label
required for tandems rather than the one
required for single rider ATVs. The
instructional/owners manual also must
have a different statement about
passengers. It must state the following
(or substantially equivalent): ‘‘NEVER
CARRY MORE THAN ONE
PASSENGER. This ATV has been
designed specifically to carry one
passenger.’’ [10]
4. Requirements for Youth ATVs
a. General
As discussed in section E above, the
Commission is proposing three
categories of youth ATVs based on
maximum speed. Many of the proposed
requirements for youth ATVs are similar
to those for adult ATVs and the ANSI/
SVIA–1–2001 voluntary standard.
Because the FHSA, which provides
authority for the proposed youth
standard, allows design standards, some
of the provisions of the proposed youth
standard are phrased more closely to the
ANSI/SVIA–1–2001 standard than the
comparable adult standard provisions.
A youth ATV is defined as an ATV
that is intended for use by an operator
less than 16 years of age. A Junior ATV
is a youth ATV intended for use by an
operator at least 6 years old. A Pre-teen
ATV is a youth ATV intended for use
by an operator at least 9 years old. And
a Teen ATV is a youth ATV intended for
use by an operator at least 12 years old.
b. Equipment and Configuration
Requirements
With the exception of lighting,
maximum speed capability, and the
requirement for automatic transmission,
the proposed equipment and
configuration requirements for youth
ATVs are essentially the same as those
for adult single rider ATVs, which are
expressed as performance requirements.
Lighting. The proposed youth
standard requires all youth ATVs to
have at least one stop lamp, and it
prohibits any headlamp or forwardfacing day-time running lights. The
ANSI/SVIA–1–2001 standard prohibits
both headlamps and tail lamps and is
silent about running lights. [7]
The Commission believes that youth
ATVs should have stop lamps to alert a
follower to the deceleration of a lead
vehicle. The Commission believes it is
also appropriate to allow (but not
require) tail lamps for youth ATVs. Both
of these types of lights could increase
the ability of other ATVs to see a youth
ATV, but they would not improve the
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ability of the youth ATV rider to operate
the ATV at night. It is the concern that
children may be encouraged to ride
ATVs at night that is the basis for the
proposed rule’s prohibition of
headlamps and forward-facing daytime
running lights. Although the purpose of
daytime running lights is to make the
vehicle more conspicuous to other
drivers rather than to illuminate the
driver’s path, the Commission is
concerned that parents and children
may have difficulty distinguishing
between a daytime running light and a
headlamp. This may encourage a child
to ride at night. Thus, the proposed
standard for youth ATVs allows daytime
running lights only if they are not
forward facing. This should increase the
conspicuity of the ATV without
providing forward illumination that
could encourage night riding. [7]
Maximum speed capability. As
discussed above, the proposed rule
establishes maximum speeds for three
categories of youth ATVs. Junior ATVs,
which are intended for children age 6
and older, must have a maximum speed
capability of 10 mph. Pre-teen ATVs,
which are intended for children age 9
and older, must have a maximum speed
capability of 15 mph. And Teen ATVs,
intended for children age 12 and older,
must have a maximum speed of 30 mph.
In addition to placing limits on the
maximum speed capability of the ATV,
the proposed youth standard also
requires speed limiting devices for Preteen and Teen ATVs. The maximum
speed allowed for a Pre-teen ATV with
a speed limiting device is 10 mph and
the maximum restricted speed allowed
for a Teen ATV is 15 mph. The youth
ATVs requiring speed limiting devices
must be delivered to the purchaser with
the speed limiting device adjusted to
limit the maximum speed to the lowest
setting specified for each category of
youth ATV. The proposed rule requires
the simultaneous use of two different
tools for the speed limiting devices to be
adjusted or removed. This requirement
is to make the devices more difficult to
remove and thus discourage children
from removing them without the
participation of an adult. [5&6]
Although the proposed rule creates
three categories of youth ATVs instead
of the current two categories, the
proposal retains the current maximum
unrestricted speed of 30 mph for youth
ATVs. The combination of defining
youth ATVs only by their maximum
speed capability (rather than engine
size) while retaining the maximum
speed currently in place should allow
manufacturers to develop ATVs with
larger frames and somewhat more
powerful engines while still
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maintaining the safety of the current
speed limitations. Consequently,
provided a manufacturer is committed
to the speed limitations of this proposed
youth ATV standard, the Commission
would not oppose a modification to a
LOU to delete the engine size limitation.
Automatic transmission. As discussed
above, the proposed rule requires that
all youth ATVs have automatic
transmissions. The operation of an ATV
is complex for a child even without the
added activity of changing gears.
c. Information Requirements
The requirements for labels, hangtags,
instructional/owners manuals, safety
video, and training in the proposed
youth ATV standard are essentially the
same as those in the proposed adult
standard. However, there are some
differences in wording where
appropriate.
Labels. As with the warning labels for
adult ATVs, the format for all required
warning labels for youth ATVs must be
consistent with the ANSI Z535.4–2002
standard. The required location for all of
the youth warning labels is the same as
required for adult single rider ATVs.
The contents of the general warning
label, the passenger warning label, and
the tire pressure and overloading
label(s) are the same as required for
adult single rider ATVs. The contents of
the age recommendation labels differ
slightly for each category of youth ATV.
The age recommendation label for the
Junior ATV must display the safety alert
symbol and the word ‘‘WARNING’’ in
capital letters. It must also contain a
circle with a slash through it and within
the circle the words ‘‘UNDER 6.’’ The
proposed rule requires that below the
circle must be the following, or
substantially equivalent, statements:
‘‘Operation of this ATV by children
under the age of 6 increases the risk of
severe injury or death. Adult
supervision required for children under
16. Never let children under 6 operate
this ATV.’’ The age recommendation
labels for the Pre-teen and Teen ATVS
are similar, but the ages 9 and 12,
respectively, are inserted instead of the
age 6. [10]
Hangtags. The proposed rule
requirements for hangtags are similar to
those in the proposed adult single rider
standard. However, in addition to the
statements required there, the youth
ATV hangtag must also state: ‘‘Even
though a child is of the recommended
age to operate a particular size ATV, not
all children have the strength, skills, or
judgment needed to operate an ATV
safely, and parents should, therefore,
supervise their child’s operation of the
ATV at all times.’’ [10]
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Age acknowledgment. The proposed
youth ATV standard also requires the
retailer to get the purchaser’s signature
on an age acknowledgment form before
the sales transaction. However, the
required acknowledgment form is
different from the adult standard. The
form states the age categories and
corresponding speed range. It advises
the purchaser to buy an ATV that fits
his/her child or teen, to use the speed
limiter while the child is developing
skills on the ATV, and to always
supervise his/her child or teen. [6]
Instructional/owners manuals. The
proposed youth standard’s requirements
for owners manuals are essentially the
same as the requirements for adult
single rider ATVs. However, statements
concerning children’s use of ATVs have
been modified or added. The manual
must contain an introductory notice to
parents emphasizing that ATVs are not
toys and that it is important for children
to understand the manual’s instructions
and warnings. The introductory section
must contain the following statement:
‘‘Children differ in skills, physical
abilities, and judgment. Some children
may not be able to operate an ATV
safely. Parents should supervise their
children’s use of the ATV at all times.’’
[10]
Safety video and training.
Requirements concerning the safety
video and training are the same in the
proposed youth standard as in the
proposed adult ATV standard.
5. Ban of Three-Wheeled ATVs
The Consent Decrees prohibited the
ATV distributors who signed the
Consent Decrees from distributing or
selling three-wheeled ATVs. In the
LOUs, the major distributors agreed to
continue to refrain from selling threewheeled ATVs. None of them currently
sell them (although three-wheeled ATVs
that pre-date the Consent Decrees are
still in use and could continue to be
used if a ban is finally adopted).
However, newer entrants to the ATV
market have not made such agreements
with the Commission.
The Commission’s Office of
Compliance has found that threewheeled vehicles are being advertised
and marketed as ATVs for sale in the
United States. Compliance staff has
identified three importers who have
sold a recreational vehicle that is
essentially a cross between a traditional
ATV and a dirt bike, and would meet
the proposed rule’s definition of an
ATV. All three importers use the
Internet as the retail location for this
product. They refer to it as a threewheeled ATV. The price ranges from
$350.00 to $380.00, plus shipping. All
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three importers are selling this product
with a 49cc engine displacement. [14]
In addition, two styles of an all terrain
three-wheeled golf scooter are being
sold on the Internet and at golf supply
stores. Both of these styles would meet
the proposed rule’s definition of an
ATV.
The presence of these three-wheeled
vehicles on the market indicates that the
current LOU provisions, which continue
the stop sale provision in the Consent
Decrees, are not sufficient to keep new
three-wheeled ATVs from entering the
market. As discussed earlier, the newer
entrant importers have been increasing
their proportion of the market for ATVs
sold in the U.S. This could mean
increasing availability of these types of
three-wheeled ATVs. [4]
Analysis of Commission data
indicates that the risk of injury
associated with three-wheeled ATVs is
substantially higher than with fourwheeled ATVs. A recent risk analysis,
based on injuries reported through the
CPSC’s National Electronic Injury
Surveillance System (‘‘NEISS’’) and a
parallel survey of the general population
of ATV drivers, found that the risk of a
hospital emergency department treated
injury on a three-wheeled ATV was
about 3.1 (95% confidence interval, 1.5
times to 6.4 times) times the risk on a
similar four-wheeled ATV. As explained
in the Preliminary Regulatory Analysis,
the staff estimates the expected
difference in non-fatal injury costs
between three- and four-wheeled ATVs
to be about $3,045 per ATV annually.
This means that over the expected 9
year life of an ATV, the present value
of the injury cost difference would be
about $23,700. Even a lower bound
estimate for the injury cost differential
comes to a difference of $6,839 over the
life of the product. The injury cost
difference would be offset somewhat by
the lower retail costs of a three-wheeled
ATV compared to a four-wheeled ATV.
Accounting for this, the total costs
associated with three-wheeled ATVs
(including both the injury costs and the
costs of purchasing the ATV) might
amount to about $23,400 ($23,700 in
injury costs less $300 in retail costs)
more than the costs of a similar fourwheeled ATV (over its useful product
life). At the lower bound level, the
difference would amount to about
$6,530. [8]
Although the Commission cannot
quantitatively estimate the utility of a
three-wheeled ATV, available evidence
suggests that the utility differential
between a three-wheeled ATV and a
four-wheeled ATV, for most people, is
minimal. In the 1980s, before the
Consent Decrees, four-wheeled ATVs
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were steadily increasing their market
share, so that by 1986, 80% of ATVs
sold were four-wheeled models.
Moreover, after the manufacturers
agreed to stop selling three-wheeled
ATVs pursuant to the Consent Decrees,
the market price of used three-wheeled
ATVs declined relative to four-wheeled
models. This indicates that most
consumers did not value three-wheeled
ATVs significantly more than fourwheeled ATVs. [8]
At this point, it seems unlikely that
any feasible standard could be
developed for three-wheeled ATVs. As
the Engineering staff notes, threewheeled ATVs are less stable than fourwheeled ATVs and require far more
active rider input to steer properly.
Although many technical factors make a
four-wheeled ATV more dynamically
stable than a three-wheeled ATV, one of
the largest factors is the fourth wheel.
Given the inherent difference in vehicle
configuration, the Commission does not
believe that it is feasible to develop a
performance standard for three-wheeled
ATVs that would improve their stability
performance to the level of a fourwheeled ATV. [5]
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H. Response to Comments on the ANPR
As discussed above, the Commission
published an ANPR in the Federal
Register on October 14, 2005, 70 FR
60031. The Commission received 165
comments; one of those comments was
a form letter, copies of which were
submitted by about 1,500 consumers.
Among those who sent comments to the
Commission were ATV Safety Institute
instructors; a state senator; ATV riders;
parents and relatives of riders; parents,
relatives, and friends of fatality and
injury victims; consumers; medical
professionals; consumer organizations;
ATV industry associations; employees
of the ATV industry; the Centers for
Disease Control and Prevention; and
students at a U.S. university.
The issues that were raised most
frequently concerned the importance of
training and safety education; state and
local laws and enforcement; the use of
protective gear; age/size guidelines, the
proper fit of a child on an ATV and a
transitional vehicle; the need to provide
ATV purchasers with ATV-related death
and injury statistics; ATV design; and
parental rights and responsibilities.
Other comments provided ATV-related
injury and fatality statistics for specific
states, regions, and hospitals. Some
comments stated a position on the
petition that was submitted in 2002 by
the CFA and eight other groups.
Another issue raised in a handful of
comments was the non-recreational use
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of ATVs and the marketing of ATVs for
that purpose.
Each of these issues, with the
Commission’s response, is summarized
below. Many of the issues raised in the
comments are discussed in more detail
in the staff’s input memoranda listed at
the end of this notice.
Training
Comment. Many comments expressed
the importance of training for safe ATV
driving. Some comments spoke about
training in general being important,
while a few others suggested that
training should be mandated, that
training should be required before
purchase of an ATV, or that training
should be free of charge to all ATV
riders.
Response. CPSC agrees that formal
hands-on training teaches drivers how
the ATV responds in situations that are
typically encountered. CPSC believes
that ATV training is important because,
as mentioned in the memo ‘‘ATV
Training’’ from the Division of Human
Factors, operating an ATV seems
deceptively easy; steering controls are
similar to a bicycle’s, and the throttle is
generally lever-operated with the
thumb. ATVs, however, are high-speed
motorized vehicles that require repeated
practice to drive proficiently. In
addition, riding an ATV is ‘‘rideractive,’’ that is, the rider must actively
shift his or her body to maintain proper
control of the vehicle. It takes repeated
practice to become a proficient driver.
Formal training may act as a surrogate
for experience because it exposes new
ATV drivers to situations they will
encounter while riding off-road and
teaches them the proper driving
behavior to navigate those situations.
As discussed above, to address the
issue of training, CPSC is proposing that
retailers of ATVs provide to every
purchaser of an ATV a training
certificate that would offer free handson training to members of the
purchaser’s immediate family. The
course would include classroom, field,
and trail activities, and a means for the
student to demonstrate skills.
State and Local Laws and Enforcement
Comment. Many comments reflected
on the role of states and localities in
addressing the risks associated with
ATVs. Some commenters expressed the
need to enact state legislation, while
others expressed the need for the states
to clarify and enforce the laws that
already are in place. Some commenters
called for ATV licensing, just as
automobile drivers have driver’s
licenses. Others suggested fines for
riding on public roads, as well as sales
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taxes or city taxes on ATVs. Some
commenters felt that more laws are not
the answer because they still will not
cause irresponsible drivers to drive
safely. One commenter suggested that
state laws should set minimum age
limits for ATV riders and require
licensing, registration, training, safety
equipment, and prohibit passengers,
while another commenter suggested that
Congressional action should be taken to
provide financial incentives for states to
adopt safer ATV laws. Other
commenters asked that CPSC join the
ATV companies and other interested
parties in actively supporting enactment
of comprehensive ATV safety legislation
in states where it is under
consideration. A state senator from
Minnesota expressed opposition to any
federal regulation that ‘‘removes the
state as the primary regulatory
mechanism’’ for ATVs. Other
commenters wrote about having
graduated licensing of ATV drivers as
some states have for automobiles.
Response. CPSC believes that states
and localities have a critical role to play
in any strategy to address the risk of
injury and death associated with ATVs.
Legislative activity, or interest in such
activity, has been on the increase in the
states. As noted in the staff’s briefing
memorandum, the staff suggests that the
Commission establish an online state
data resource bank for use by those who
might want to pursue legislation or
other ATV safety-related actions.
Helmets and the Use of Protective Gear
Comment. Some commenters noted
that the use of helmets and protective
gear is important in reducing deaths and
injuries. One commenter cited CPSC
staff research that suggests that between
42 and 64 percent of fatalities and
hospitalized injuries involving the head
‘‘could have been averted by helmet use
in cases where a helmet was not being
worn.’’ Others mentioned that ATV
riders and parents of riders need to
know the importance of helmet use,
while another commenter suggested that
the helmet should be ‘‘required to be
thrown in as part of the package.’’
Response. CPSC has always
emphasized the importance of using
helmets and other protective safety gear.
As noted in the briefing package, CPSC
staff encourages retailers to comerchandise ATV safety gear,
particularly helmets, alongside ATVs.
The importance of wearing helmets and
safety gear is one of the messages in the
proposed rule; the message would be
required on the general warning label
and in the owner’s manual. Wearing
suitable equipment also is included as
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an element in the required training
course.
Age/Size Guidelines, Proper Fit, and
Transitional Vehicle
Comment. Many commenters
addressed the current age/size
guidelines and the importance of
finding a ‘‘right fit’’ for a child who
rides an ATV; they also supported or
opposed a transitional vehicle.
Commenters noted the difficulty of
children being able to get training when
they were on an adult ATV; others said
that the current CPSC guidelines
matching engine size to age are too
narrow in focus. One commenter
suggested focusing less on the age of the
rider and more on size, weight, and
experience. Another commenter pointed
out that the market now has some midsized ATVs and that they are safer for
a child to ride than the smaller 90cc
ATVs, while another suggested that
children ages 12 to 15 years old should
be able to ride up to a 250cc 4-stroke
ATV. Other commenters pointed out
that the age restriction actually leads to
a safety problem because riding an
undersized ATV is as much a safety
concern as riding an oversized ATV. A
few commenters mentioned that being
able to adjust the throttle limits was a
particularly useful feature as children
grow physically and learn to ride.
With respect to a transitional vehicle,
many commenters expressed opposition
and stated that any proposal to put a
child on an ATV larger than 90cc
should be rejected, that this would be a
step backward, and it would put
children at an even greater risk of death
and injury. Commenters who were in
opposition to a transitional vehicle
seemed to equate a transitional vehicle
as one that was heavier, larger and
faster.
Response. As discussed in section E
of this notice and in the briefing memo,
CPSC believes that speed, not engine
size, is a more appropriate criterion for
determining which ATVs should be
recommended for children and youth
under the age of 16. The proposed rule
eliminates engine size as a category
marker for distinguishing youth ATVs.
In addition, all youth model ATVs will
be required to have an automatic
transmission, so that children can focus
on mastering driving skills before
learning to coordinate gear shifting with
the many other skills involved in
operating an ATV.
CPSC believes that limiting maximum
speed is the most critical safety factor
for youth ATV models. By eliminating
the engine size restriction,
manufacturers will be able to produce a
variety of ATV models that meet speed
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restrictions but are more appropriately
sized to account for the wide variation
in physical dimensions of young people.
By having the option of riding betterfitting ATVs that are not performance
limited by undersized engines, CPSC
believes that more youth will ride ageappropriate and speed-restricted ATVs
rather than gravitating toward adult
ATV models.
Disclosure of Death and Injury Data
Comment. Several comments
expressed the belief that information
about the risk of injury and death
associated with riding ATVs, especially
with regard to children riding adult
ATVs, has not been available to
prospective purchasers and that such
information should be provided at the
point of sale. One of these comments
includes the 1,500 individuals who
submitted the letters that are entered as
comment 57.
Response. The proposed rule would
require that ATV dealers provide
purchasers of adult ATVs with a written
statement that (1) clearly states that
adult ATVs are not intended for use by
children under the age of 16, and (2)
gives consumers specific information
about the possible injury consequences
of allowing children to ride adult ATVs.
The disclosure statement would be
provided to purchasers prior to
completion of the sale. Consumers
would be required to sign the statement
to acknowledge that they had been
informed about the CPSC age guidelines
for youth models and the risks
associated with children riding adult
ATVs. Similar disclosure forms would
be provided to purchasers of youth
ATVs; those forms would indicate the
age of the child for which the youth
model was designed.
ATV Design
Comment. Comments on ATV design
ranged from the belief that deaths and
injuries are operator error and not the
result of the machine’s design to some
specific suggested design changes. One
commenter said that manufacturers
should not be required to significantly
modify their designs for the sake of
adding safety equipment, while a few
others stated that ATVs should have a
roll bar and safety belt. Other suggested
design changes included: tags (license
plates) on machines so they can be
identified; make the ATVs two inches
wider; provide a seat actuator which
would turn the engine off if a passenger
was on a single-person ATV; provide
daytime running lights and headlights
on ATVs. One commenter suggested
that CPSC should determine the
appropriate testing that needs to be
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done in order to assess dynamic
stability, rollover propensity, and
braking, suspension, and handling
systems.
Response. CPSC staff notes in Tab G
of the briefing package from the
Directorate for Engineering Sciences
that there are technical issues that
would benefit from further testing and
study. This work, however, will require
time and the coordinated application of
CPSC and private sector resources.
CPSC believes that the most effective
way to carry this out is through close,
ongoing interaction with voluntary
standards committees that are
addressing ATVs in that regard.
With respect to lighting equipment,
the proposed rule for adult ATVs would
require at least one headlamp projecting
a white light to the front of the ATV, at
least one tail lamp projecting a red light
to the rear and at least one stop lamp or
combination tail/stop lamp. Daytime
running lights would be allowed on
adult ATVs.
All youth ATVs would be required to
have at least one stop light. As
discussed in section G.4.b above and in
the briefing package, CPSC believes that
riding ATVs at night is a significant risk
factor for children and should be
discouraged. Because headlamps or any
forward-facing light on youth ATVs may
encourage nighttime and unsupervised
riding in challenging conditions, CPSC
believes that these lights should not be
allowed. Under the proposed rule,
forward-facing daytime running lights
for conspicuity would be prohibited on
a youth ATV; but daytime running
lights would be allowed on other parts
of youth ATVs. A brake light would be
required on youth ATVs.
Parental Rights and Responsibilities
Comment. Many comments focused
on parental rights and responsibilities.
For the most part, these comments
expressed the belief that parents have
the right and the responsibility to make
decisions for their children and are the
best judges of their children’s abilities
and skill levels. Other comments stated
that some parents have neglected
supervising their children and that the
rights of many should not be taken away
because of the actions of a few.
Response. CPSC agrees that parents
must play a critical role in supervising
their children’s use of ATVs. This
includes decisions about the size of
ATV their child /children should use
and their child’s riding behavior. As
mentioned above, the proposed rule
requires that information be provided to
help parents in their decision-making.
The mandatory labels for youth ATVs
provide a notice to parents that children
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should ride only age-appropriate ATVs,
while the hangtags and the owner’s
manual are required to include
messages about the importance of
supervision.
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Injury and Fatality Statistics
Comment. Some comments included
death and/or injury statistics for specific
regions of the country, specific hospital
emergency rooms, and specific states;
some of the information was contained
in articles that had been published in
professional journals. A few
commenters talked about the
comparative risk of ATV riding and the
risk associated with other activities. One
commenter stated that overall ATV
injury risk, as measured per vehicle in
use (for all ages or for children) has been
stable since the expiration of the
Consent Decrees in 1998 and that ATVrelated fatality risk (for all ages or for
children) has declined or remained
stable since 1999.
Response. With respect to the
comment that overall ATV injury risk
has been stable since the expiration of
the Consent Decrees, the Directorate for
Epidemiology notes that the 2004
Annual Report of ATV Deaths and
Injuries compared the 2004 injury risk
to the 2001 injury risk and concluded
that there was no statistically significant
trend in injury risk, positive or negative,
from 2001 to 2004. However, the report
noted that the statistical testing of
differences in injury risk prior to 2001
is not possible due to the unavailability
of measures of variation for risk
estimates during those years.
With respect to fatality risk, CPSC
staff notes that, because data collection
was incomplete for the years 2002–2004
at the time of the most recent report, no
conclusions could be made about
fatality risk for those years. The
commenter’s assertion that fatality risk
has declined or remained stable does
not appear to be the result of a statistical
test, since no measures of variation are
provided in the commenter’s report.
CPSC staff has not performed statistical
testing on risk of death for similar
reasons.
As noted in section D of this notice
and in the briefing memo, there were an
estimated 136,100 emergency roomtreated injuries for all ages in 2004. This
was an increase of 10,600 from 2003. In
2003, there were an estimated 740
deaths associated with ATVs. Twentysix percent of the reported deaths in
2001 were of children under 16 years
old.
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Ban the Sale of Adult-Size ATVs for the
Use of Children Under 16 Years Old
Comment. Several comments were
submitted that specifically expressed a
position on the CFA petition to ban the
sale of adult sized vehicles for use by
children under 16 years old. This
included the 1,500 form letters
submitted as comment 57, which
expressed the opinion (without
mentioning the petition) that the sale or
rental of adult-sized ATVs to anyone
under 16 should be prohibited. A few
letters expressed opposition to the
petition.
Response. The petition to ban the sale
of adult ATVs for the use of children
under 16 years old was the focus of the
staff’s 2005 briefing package. The staff
comments on the petition are contained
in that document.
Non-Recreational Use of ATVs, ATV
Marketing
Comment. A few commenters
mentioned the non-recreational aspect
of ATVs, the perceived need to limit
their marketing to farm or utility use
alone, and that the advertised
recreational use of ATVs is not a
practical or safe form of activity. Some
of these commenters expressed concern
about the injuries and deaths associated
with the use of ATVs in farm or utility
work.
Response. CPSC believes the issue of
how ATVs are marketed as recreational
or utility vehicles is better addressed by
the Federal Trade Commission.
I. Preliminary Regulatory Analysis
The Commission is issuing a
proposed rule under sections 7, 8 and 9
of the CPSA and section 2(q)(1)(A) of
the FHSA. Both the CPSA and FHSA
require that the Commission prepare a
preliminary regulatory analysis for these
proposed rules and that it be published
with the final rule. 15 U.S.C. 2058(c)
and id. 1262(h). The following
discussion is extracted from the staff’s
memo, ‘‘All Terrain Vehicle Mandatory
Standard: Preliminary Regulatory
Analysis.’’
1. Introduction
The main provisions of the ATV
proposed rules include (1) Mechanical
requirements for ATVs,(2) a ban on the
sale of new three-wheel ATVs, (3) speed
limitations on ATVs intended for
children under 16 years of age, (4)
requirements for warnings and
recommendations to be provided to
purchasers of new ATVs through hang
tags, labels, videos, and owner’s
manuals, (5) requirements for a
disclosure statement to be provided to
purchasers warning against the use of
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adult ATVs by children, (6) a
requirement that all purchasers of new
ATVs be offered free safety training, and
(7) requirements that purchasers of new
ATVs be provided with a means for
reporting safety related complaints to
the manufacturer and the CPSC.
Many of the provisions of the
proposed rules are based on an existing
voluntary standard (ANSI–SVIA–1–
2001), provisions of the 1988 Consent
Decrees, and the current LOUs with a
number of manufacturers that may
account for as much as 90 percent of the
U.S. market for ATVs. Consequently, the
Commission believes that most ATVs
are already in substantial conformance
with most of the provisions of the
proposed rule. Some of the smaller
manufacturers, and some of the recent
entrants into the market may also be in
conformance with some (or most) of the
provisions of the proposed rule.
Promulgating a mandatory rule will
ensure that manufacturers that are
already conforming continue to do so,
and that any manufacturer that does not
now conform can be brought into
conformance.
Below is a preliminary regulatory
analysis of the proposed rule, including
a description of the potential costs and
potential benefits. Each element of the
proposed rule is discussed separately.
For some elements, the benefits and
costs cannot be quantified in monetary
terms. Where this is the case, the
potential costs and benefits are
described and discussed conceptually.
2. Products Covered
An ATV is a motorized vehicle with
3 or 4 low-pressure tires (less than 10
pounds per square inch) that is intended
for off-road use. The seat is designed to
be straddled by the operator. Handlebars
are used for steering control. Most ATVs
are intended to carry only one person:
the operator. More recently, some
tandem ATVs have been introduced that
are designed to carry a passenger in
addition to the operator. ATVs can be
used for purposes of recreation, sport or
utility.
If promulgated in final, the proposed
rule will apply to all ATVs sold in the
United States on or after the effective
date of the rule (180 days after
publication of a final rule). It will not
apply to ATVs that were sold prior to
the effective date.
3. ATV Manufacturers, Numbers in Use,
and Sales
The ATV market has grown
substantially since Honda introduced
the first ATV in 1969. The Specialty
Vehicle Institute of America (SVIA)
estimated that in 2005, there were 6.9
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million ATVs in use. While most ATVs
are used for recreational activities,
ATVs can also be used for nonrecreational activities, such as farm or
ranch work or for transportation to
remote work sites that are not accessible
on paved roads.
The number of new ATVs sold
annually has increased substantially in
the last decade. In 1995, an estimated
293,000 ATVs were sold in the US,
almost all by 7 North American
distributors (Honda, Kawasaki, Yamaha,
Suzuki, Polaris, Bombardier, and Arctic
Cat). In 2005, an estimated 921,000
ATVs were sold in the US. An estimated
10 percent (or 92,000) were imported.
The share of imports is expected to
continue to increase in the future.
With the substantial increase in ATV
sales has come a substantial increase in
the number of manufacturers supplying
ATVs to the U.S. market. In 1995,
virtually all the ATVs were supplied by
7 domestic distributors; by 2006, the
staff had identified at least 87 firms
supplying ATVs to the U.S. market.
Generally, the largest manufacturers
sell their ATVs through franchised
dealers. Importers will typically import
ATVs from a foreign manufacturer and
then market them to various retailers.
Some importers may sell directly to
consumers. Some imported ATVs are
sold directly to consumers through
import brokers who never actually have
physical possession of the ATV. ATVs
are also offered for sale through the
internet.
Most ATV retailers sell products in
addition to ATVs. For example, many
ATV dealers also sell motorcycles,
scooters, personal water craft, and
sometimes farm equipment. Some ATVs
are sold by other types of retailers, such
as aftermarket automotive parts and
accessories dealers.
The median retail price of an ATV
from the domestic manufacturers is
about $5,150 (range $2,000 to $8,000).
The median price for youth ATVs is
about $2,300 (range $1,800 to $2,500).
The retail prices of imports can be
substantially lower.
4. Benefits and Costs of the Proposed
Rule
Mechanical Requirements. The
proposed rule incorporates a number of
mechanical requirements from the
current voluntary standard for ATVs
(ANSI/SVIA–1–2001). The specific
requirements and rationales are
described and discussed in more detail
above. They include, among other
things, requirements for service and
parking brakes, mechanical suspension,
pitch stability, handlebars, and the
operator foot environment. There are
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also some additional design
requirements for youth models covering
items such as the location of brake and
throttle controls.
The proposed rule differs from ANSI/
SVIA–1–2001 with regard to some
lighting requirements. The proposed
standard would require stop lamps on
all ATVs, including youth models (i.e.,
those intended for children under the
age of 16). ANSI/SVIA–1–2001 allows,
but does not require stop lamps on adult
and youth ATVs. Stop lamps can reduce
the risk of a collision by visibly
signaling to a following ATV that an
ATV ahead of it is decelerating. CPSC
believes that while most adult ATVs are
already equipped with stop lamps, most
youth ATVs do not currently have stop
lamps.
The proposed rule would require that
youth ATVs be equipped with
automatic transmissions so that the
operator does not have to either engage
a clutch or select the proper gear in
order for the engine to maintain its
optimum speed. This is a change from
the voluntary standard, which does not
specify the type of transmission on
youth ATVs.
Each provision of the mechanical
requirements should reduce injury risks
associated with ATVs. For example, the
pitch stability requirement is intended
to reduce the propensity of ATVs to tip
rearward, which could injure the rider
if he or she was thrown from the vehicle
or the vehicle flipped and landed on the
rider. The service and parking brake
performance requirements are intended
to ensure that brakes are at least
adequate for stopping the vehicle and
preventing the vehicle from rolling
when it is left unattended. The
requirement for automatic transmissions
on youth ATVs could reduce injury risk
by reducing the number of tasks that
inexperienced drivers must perform
while driving an ATV.
Mandating these mechanical
requirements would help ensure
compliance with these minimum
mechanical safety requirements and
enhance the CPSC’s ability to enforce
the mechanical safety requirements at a
time when many new manufacturers are
entering the market. Conformance to
ANSI/SVIA–1–2001 is voluntary.
Mandating these mechanical
requirements would have a small initial
impact on injury risk. The ATV
manufacturers that have negotiated
LOUs with the CPSC are already in
conformance with the requirements of
the voluntary mechanical standard,
from which the requirements in the
proposed rule were adapted. Some of
the smaller manufacturers are also
believed to be in conformance with the
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voluntary standard. In total, the firms
that are already in substantial
conformance probably account for more
than 90 percent of ATVs now sold.
However, mandating these requirements
would ensure that those firms that do
not now meet these minimum safety
requirements will begin to do so.
Moreover, as new firms enter the
market, the presence of a mandatory
standard that can be more easily
enforced would make it more likely that
new entrants comply with the
mechanical safety requirements.
Mandating these requirements should
also help ensure that the risk of ATVrelated injury due to ATVs that do not
meet the mechanical safety standards
does not increase in the future.
Since many manufacturers already
conform with the voluntary standard,
the additional cost that will be incurred
by manufacturers to meet the
mechanical requirements of the
proposal will be low. The cost to some
may be limited to the cost of adding
stop lamps to their youth ATVs. The
cost of adding stop lamps to ATVs could
amount to several dollars or more,
especially on youth ATVs. Most adult
ATVs are thought to already have stop
lamps.
Additionally, some manufacturers
will have to modify the transmissions
on some youth ATV models so that they
are fully automatic. Based on staff
observations, most current youth ATV
models are already equipped with
automatic transmissions, especially
those intended for children under the
age of 12 years. The staff has identified
some ATVs intended for children
between 12 and 15 years of age that are
equipped with automatic clutches, but
not automatic transmissions. These
ATVs would not meet the requirements
of the proposed rule.
The fact that many youth ATVs are
already equipped with automatic
transmissions indicates that many
consumers are willing to pay the
additional cost of automatic
transmissions for the additional safety,
convenience, or driving ease that is
provided by automatic transmissions.
However, the Commission has not been
able to quantify the difference in cost
between automatic transmissions and
manual transmissions or between
automatic transmissions and automatic
clutches/manual transmissions.
The mechanical requirements are not
expected to cause a substantial loss of
utility for the rider. In fact, to the extent
that the requirements prevent accidents,
reduce downtime, make the ride more
comfortable (e.g., the suspension
requirements), and increase the
functionality of the vehicles, most of the
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requirements could have a positive
impact on rider utility.
The proposed rule would require
manufacturers (including importers) to
perform, or cause to be performed,
testing sufficient to ensure, on an
objectively reasonable basis, that each
ATV conforms to the requirements in
the proposed rule. The specified tests
will require some time and equipment.
If the tests are conducted at a facility
where the required equipment is
available and set up time for each test
is kept to a minimum, it is possible that
all of the tests could be conducted in
one day (8 hours) or less. It is reasonable
to assume that the person supervising
the tests will be a senior mechanical
engineer and that at least one other
mechanical engineer will be involved in
conducting the tests. If the total labor
costs were $90 per hour, then the cost
of conducting the tests would be about
$720 per model (8 hours × $90).6
In addition to the labor cost, some
accounting for the cost of equipment
required for testing should also be
made. Assuming that ATV
manufacturers have the equipment
easily available, it is probably
reasonable to assume that the cost of the
equipment used in the testing is perhaps
about $500. This could be thought of as
the rental value of the equipment for a
day of testing.
The testing must be documented and
maintained for 5 years after the
production of that model ceases. The
information required for this
documentation would be collected
during the performance of the tests.
However, this information might be
reformatted and assembled into the final
record after the testing is completed.
Moreover, in the case of foreign
manufacturers, this documentation will
have to be provided to the U.S. based
importer and it is the importer that will
be required to maintain the records.
This could add perhaps another $100 to
the cost of the testing and record
keeping.
These estimates suggest that the full
testing and recordkeeping costs of the
proposed rule could be about $1,320 per
model. Previously, CPSC staff had
identified 131 different ATV models for
the model year 2001 and 235 different
ATV models for the year 2003. Given
the significant increase in sales of ATVs
in recent years, it is not unreasonable to
believe that there might be 500 different
ATV models today. Therefore, the full
6 According to the U.S. Department of Labor,
Bureau of Labor Statistics, the average wage for a
Level 13 Mechanical Engineer was $52.45 in July
2003. In this discussion $90 is used to allow for the
assistance of a less experienced engineer and
inflation.
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testing and recordkeeping costs could be
$660,000 per year, assuming models are
changed annually.
Several ATV manufacturers conform
to ANSI/SVIA–1–2001 and, therefore,
should already be performing the testing
called for in the proposed rule. The
proposed rule will not impose
additional testing burdens on these
manufacturers. The staff estimates that
these manufacturers account for at least
150 ATV models. Therefore, the testing
and recordkeeping costs that could be
attributed to the proposed rule that
would not be incurred in the absence of
the proposed rule, could be less than
$462,000 annually ($660,000 ¥ 150 ×
$1,320).
Ban on the Sale of New 3-Wheel
ATVs. As part of the 1988 Consent
Decrees, ATV manufacturers agreed not
to sell any new 3-wheel ATVs, which
had been shown to be less stable and
more risky than their 4-wheel
counterparts. As a result, until recently,
no new 3-wheel ATVs have been
marketed in the United States since the
late 1980s. However, the CPSC Office of
Compliance has found evidence on the
Internet that 3-wheel vehicles that could
be considered to be ATVs have recently
been offered for sale to the public.
Therefore, the proposed rule would
formalize a ban on the sale of new 3wheel ATVs. While formalizing the ban
will not reduce ATV-related injuries
significantly from their present levels, it
will ensure that 3-wheel ATVs are not
reintroduced into the U.S. market.
The justification for a ban on the sale
of 3-wheel ATVs is based on the
substantially higher expected injury
costs associated with the ownership and
use of 3-wheelers, relative to 4wheelers, and the likelihood that these
higher costs outweigh any additional
utility that they may provide to their
owners. We begin with a discussion of
the costs associated with the ownership
and use of 3-wheel and 4-wheel ATVs.
The real costs of ATVs include the
expected injury costs associated with
their use as well as their purchase price.
A recent risk analysis, based on injuries
reported through the CPSC National
Electronic Injury Surveillance System
(NEISS) and a parallel survey of the
general population of ATV drivers,
found that the risk of a hospital
emergency department-treated injury on
a 3-wheel ATV was about 3.1 (95%
confidence interval (CI), 1.5, 6.4) times
the risk on a similar 4-wheel ATV.7
7 Gregory B. Rodgers and Prowpit Adler, ‘‘Risk
Factors for All-Terrain Vehicle Injuries: A National
Case-Control Study,’’ American Journal of
Epidemiology, Vol. 153, No. 11 (2001). Hereafter
Cited ‘‘Rodgers and Adler (2001).’’
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These relative risk estimates can be
used to estimate the expected difference
in annual injury costs between 3-wheel
and 4-wheel ATVs. In 2001, the societal
cost of non-fatal ATV-related injuries
was about $1,876 per ATV in use. In
2001, 3-wheel ATVs made up about 14
percent of the ATVs in use. If we let
Cost3 and Cost4 represent the expected
annual non-fatal injury cost per 3-wheel
and 4-wheel ATVs in use respectively,
then the expected annual injury cost per
ATV can be expressed as 0.14(Cost3) +
0.86(Cost4) = $1,876.
Since the risk of a non-fatal injury on
3-wheel ATVs is approximately 3.1
times that of a 4-wheel ATV, Cost3 can
be expressed in terms of Cost4 (i.e.,
Cost3 = 3.1 * Cost4). Solving these
equations yields Cost3 = $4,494 and
Cost4 = $1,450. Therefore the expected
difference in non-fatal injury costs
between 3-wheel and 4-wheel ATVs is
about $3,045 per vehicle annually.8 If
the expected life of an ATV is 9 years,
the present value of this injury cost
difference (at a 3 percent discount rate)
over the expected life of the product
will come to about $23,700.9
A lower bound estimate for the injury
cost differential might be based on the
lower 95 percent confidence bounds of
the relative risk factors for 3-wheel
ATVs described above, or 1.5 instead of
3.1. Based on these relative risk
estimates, the non-fatal injury cost
differential on a 3-wheel ATV would be
about $877 per year. Assuming a 9-year
useful life and a 3 percent discount rate,
this comes to a difference of $6,830 over
the life of an ATV.10
The injury cost differential would be
offset somewhat by the lower retail costs
of 3-wheel ATVs. Based on information
from the late-1980s, when 3-wheel
ATVs were still being produced, 3wheeled ATVs cost about $190 less than
a similar 4-wheel model. This cost
8 An analysis of fatal injury risks also suggested
a higher relative risk on 3-wheel ATVs. However,
because information regarding a key driver
characteristic was missing, the difference in fatal
injury risks was less amenable to quantification
and, therefore, not included in the above analysis.
It suggests however, that the cost differential
between 3-wheel and 4-wheel ATVs estimated
above could be low (see Gregory B. Rodgers,
‘‘Revisiting All-Terrain Vehicle Risks: Response to
Critique,’’ Journal of Regulatory Economics, Vol. 10
(September 1996).
9 This is a low estimate of the average life of an
ATV. One analysis suggests that the expected life
of an ATV could be 19 years (Statement of Ed
Heiden of Heiden Associates at the Consumer
Product Safety Commission West Virginia Public
Field Hearing, Morgantown, West Virginia, 5 June
2003).
10 Even if a higher discount rate were used, the
cost differences would be substantial. For example,
if a 7 percent discount were used with the lower
estimates of the relative risks, the expected cost
difference over the life of an ATV would be $5,713.
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differential would probably amount to
about $300 in 2004 dollars.
Thus, the total costs associated with
3-wheeled ATVs (including both the
injury costs and the costs of purchasing
the ATV) might amount to about
$23,400 ($23,700 in injury costs less
$300 in retail costs) more than the costs
of a similar 4-wheel ATV (over its useful
product life). At the lower bound level,
the difference would amount to about
$6,530.
A ban of 3-wheel ATVs would
therefore be beneficial (on average) if
the average extra valuation (i.e., use
value or utility) that individuals put on
a 3-wheel ATV over a 4-wheel ATV is
less than $23,700 (or about $6,530 at the
lower bound) over the useful life of the
product. Consequently, if the utility
from a 4-wheel ATV is not substantially
different from the utility from a 3-wheel
ATV, the ban would be justified.
We cannot estimate the utility that
individuals get from ATVs, and so we
cannot say that the ban would be
justified for all individuals. However,
available evidence suggests that for most
individuals, the utility differential is
minimal. First, 4-wheel ATVs were
growing in market share throughout the
1980s, even though their retail prices
were marginally higher than similar 3wheel ATVs. By 1986, for example, two
years before the consent decrees became
effective, about 80 percent of ATVs sold
in the U.S. had four wheels. Second,
after the ATV manufacturers agreed to
stop selling 3-wheel ATVs as part of the
consent decrees, the market price of
used 3-wheel ATVs actually declined
relative to the price of 4-wheel
models.11 There was no evidence of a
strong market reaction to the 3-wheel
ATV stop-sale, such as bidding up the
price of the increasingly scarce 3wheelers that would suggest many
consumers valued 3-wheel ATVs
significantly more than they valued 4wheel models.
Speed Limitations on ATVs Intended
for Youths. The proposed rule would
limit the maximum speeds of ATVs
intended for children under the age of
16 years. Teen ATVs (i.e., those
intended for riders between 12 and 15
years of age) would have a maximum
unrestricted speed of 30 mph and a
speed limiting device that can limit the
maximum restricted speed to 15 mph.
Pre-Teen ATVs (i.e., those intended for
children between 9 and 11 years of age)
would have a maximum unrestricted
speed of 15 mph and a speed limiting
device that can limit the maximum
11 Gregory B. Rodgers, ‘‘All-Terrain Vehicles:
Market Reaction to Risk Information,’’ Economic
Inquiry, Vol. 31, No. 1 (January 1993).
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restricted speed to 10 mph. Junior ATVs
(i.e., those intended for children
between 6 and 8 years of age) would
have a maximum speed of 10 mph. No
ATVs would be recommended for
children under the age of 6 years. All
references to engine size, such as those
in the LOUs, would be eliminated.
Based on an analysis by the CPSC
Division of Human Factors (ESHF),
speed—not engine size—is a more
appropriate control variable for
determining which ATVs should be
recommended for children under age 16
years. In fact, limiting engine size could
be counterproductive. There is some
evidence that limiting the power of
youth models by controlling engine size
can, in some circumstances, make ATV
riding less safe. As one example,
underpowered children’s models have a
greater potential for stalling when going
uphill.
It is also likely that engine size
restrictions discourage some people
from purchasing appropriate ATVs for
young riders. If the ATV engine lacks
sufficient power for things such as
acceleration or hill climbing, some
young riders may resist riding these
ATVs and instead ride adult ATVs.
Additionally, the frame size of the
current ATVs with less than 90cc
engines might not comfortably fit
‘‘large’’ children. Some adolescents
between the ages of 12 and 14 are larger
than some adults; these adolescents may
resist using an ATV with a frame
designed to fit a much smaller person.
According to ESHF, ‘‘fitting the [ATV]
frame anthropometrically to the user is
one of the most important factors for
youth ATVs. If the frame is too small,
the youth will be discouraged from
riding the ATV both physically and
socially.’’ This may explain, at least in
part, the fact that relatively few children
actually ride the youth models. Based
on the 2001 exposure survey, only about
20 percent of children under 16 years of
age who drove ATVs drove youth
models.
Based on these considerations,
eliminating the engine size limitations
from youth models may enhance safety.
It might lead to some ATV
manufacturers introducing a wider
variety of youth models, including
models with larger frames and more
powerful engines. With larger frames
and more power, it is possible that more
young riders will be willing to accept
ATVs with the recommended speed
restrictions. It is also likely that more
parents would be willing to purchase
youth models with larger frames that
could be used by children for a longer
period of time without replacement.
Moreover, increased acceptance of
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ATVs with the age-recommended speed
restrictions could reduce the number of
ATV-related injuries.12
Increasing the number of youth ATVs
with larger frames could also increase
safety by increasing the proportion of
young ATV drivers that receive formal
ATV safety training. Most formal ATV
safety training programs, such as that
run by the ATV Safety Institute, will not
train children under the age of 16 unless
they are riding an appropriate youth
model. Therefore, children who do not
have ATVs with less than 90cc engines
cannot receive formal training. If
simplifying the age recommendations
for ATVs leads manufacturers to
introduce more ATVs with the
recommended speed restrictions for
young riders and, as a result, more
children begin riding youth ATVs, it
will be possible for more young riders
to receive formal safety training. As
discussed more fully below, formal
training can act as a surrogate for
experience and thereby reduce the risk
of injury.
The speed limitations for ATVs
intended for youths should not impose
substantial additional costs on
manufacturers because they are similar
to those already in the voluntary
standard (ANSI/SVIA–1–2001).
Moreover, the speed limitations in the
proposed standard are less restrictive
than the requirements for youth ATVs
specified in the LOUs, since they do not
include the engine size limitations.
Consequently, the Commission believes
that this provision of the proposed
standard increases the potential for
safety in the form of reduced injuries
and deaths, without imposing
additional costs and burdens on
manufacturers.13
Warnings and Safety Information to
be Provided to Consumers. According to
ESHF, hazard communications ‘‘are
crucial for products with hazards that
cannot be eliminated through design.’’
The proposed rule requires ATV
manufacturers, distributors, or dealers
to provide several safety warnings to
consumers. These will consist of labels
or hang tags that, among other things,
advise consumers of the age
recommendations for ATVs, warn that it
is unsafe to allow children to operate
12 It should be noted that manufacturers are not
now prohibited from producing youth ATVs on
larger frames. However, increasing the options
available to manufacturers in designing youth ATVs
should increase the probability that manufacturers
might manufacture youth ATVs in a wider range of
sizes.
13 ANSI/SVIA–1–2001 does not have an age
category that corresponds to ‘‘Junior ATV’’ in the
proposed rules. CPSC staff believe that the ‘‘Junior
ATV’’ market will be a very small segment of the
ATV market.
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ATVs intended for adults or older
children, and warn that it is unsafe to
carry passengers on an ATV (with the
exception of specially designed tandem
ATVs). This information will also be
required to be contained in the owner’s
manuals and in a video to be provided
to each consumer.
The ATV manufacturers with the
greatest share of the market are already
conforming to this requirement, which
is included in the LOUs negotiated with
the major ATV manufacturers.
Therefore, this provision will not
impose any new costs on these
manufacturers. For the manufacturers
that are not now in conformance, the
cost to bring themselves into
conformance will be low on a per unit
basis. The cost of designing, printing,
and attaching a label or hang tag or
adding pages in an owner’s manual is
low. Even for manufacturers with a very
low sales volume, the cost of adding the
required warnings will be probably no
more than a few dollars per vehicle.
The major manufacturers are already
providing the safety video and so the
proposed standard will have no impact
on their costs. For manufacturers that
are not currently providing a safety
video to their consumers the costs could
be higher. The cost of duplicating a
video or DVD is no more than a few
dollars. However, the cost of producing
the safety video could be several
thousand dollars. For a manufacturer or
distributor with a low sales volume, this
could be a more significant cost. The
cost or impact could be lower if a third
party video could be licensed or shared
by many small manufacturers or
distributors.
Manufacturers would also be required
to keep a copy of the owner’s manuals
and the safety video for each model on
file for at least 5 years. It is likely that
many manufacturers would do this even
in the absence of a mandatory rule. The
storage costs of these items probably
would not exceed $10 per model. The
cost could be lower since the same
safety video would likely be used for all
ATV models produced or imported by a
manufacturer and could be used for
several years. Owner’s manuals also
might cover more than one model.
The benefit of this provision is that it
will ensure that all consumers receive
some basic safety and hazard
information regarding such things as the
risk of children riding ATVs not
appropriate for their age and carrying
passengers on ATVs not designed for
carrying passengers. Although this
benefit cannot be quantified, the
following example sheds some light on
the potential impact. The risk of injury
for riders under the age of 16 driving
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adult ATVs is about twice the risk of
injury of those who are driving ageappropriate ATVs.14 In 2001, the
societal cost of ATV related injuries and
fatalities involving children under the
age of 16 was about $3.6 billion.
Therefore, although it is not known how
effective these warnings are at reducing
children from riding adult ATVs, if they
reduced the number of children riding
adult ATVs enough to reduce the
number of ATV-related injuries to
children (either by parents not allowing
a child to drive an adult ATV or by
purchasing an appropriate ATV for
young riders) by even a small amount,
the benefits of these warnings could
exceed the costs. For example, if they
reduced the injuries by only one-half of
one percent, this would still amount to
a benefit of $25 over the life of an
ATV.15
Disclosure Statement to Consumers
About the Risks to Children Riding
Adult ATVs. The proposed rule would
require that ATV retailers provide
purchasers of adult ATVs a written
statement that (1) clearly states adult
ATVs are not intended for the use of
children under the age of 16 and (2)
provides the consumer with specific
information on the possible injury
consequences of allowing children to
ride adult ATVs. A similar disclosure
statement would be provided
purchasers of youth ATVs advising
them to monitor their child’s ATV
driving to ensure that the child is
capable of and does drive the ATV
safely. This requirement is a direct
response to the high risk of injury to
children riding adult ATVs, and the
comments of many parents (including
some whose children died on adult
ATVs) that they had never been warned
of the risks. This disclosure would be
provided to the purchaser and signed
before the purchaser completes or signs
other documents related to the sale,
such as sales contracts or financing
agreements. Consumers will be required
to sign the statement to acknowledge
that they were warned. Dealers would
be required to keep the signed
disclosure statement on file for at least
5 years after the purchase so that
14 According to information provided by the
CPSC Directorate for Epidemiology and included in
the 2005 CPSC Briefing Package on ATVs (regarding
Petition No. CP–02–4/HP–02–1, Request to Ban AllTerrain Vehicles Sold for Use by Children Under 16
Years Old), risk of injury to children under 16
driving adult ATVs was 18.6 per thousand drivers
compared to 9.6 per thousand drivers for children
driving youth ATVs.
15 One-half of one percent of $3.6 billion divided
by the 5.6 million ATVs of all types in use in 2001
is $3.21. Over the expected 9-year life of an ATV
this comes to about $25 discounted at 3 percent per
year.
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compliance with the requirement for the
disclosure statement can be monitored.
Dealers would also be required to send
a copy of the signed disclosure
statement to the manufacturer, who
would also be required to keep the
statement on file for at least 5 years after
the purchase.
The benefits of the disclosure
statement are twofold. First, it will help
consumers make a more informed
choice when they purchase a new ATV.
Second, as suggested by the ESHF
analysis, signing the document may
discourage some purchasers from
allowing children to ride their adult
ATVs. As shown in the above
discussion of ‘‘Warnings,’’ the injury
costs associated with children riding
adult ATVs are significantly higher than
the injury costs associated with children
riding age-appropriate ATVs. Even if the
disclosure statement could reduce the
number of injuries by one-half of one
percent, it could still produce a benefit
of $25 over the life of an ATV.
The cost of this disclosure statement
is estimated to be approximately $0.95
per ATV sold.16 Generally, when ATVs
are sold there is already some amount
of paperwork generated, including
purchase contracts and financing
agreements. Therefore, the marginal cost
of an additional form is minimal.
Moreover, under the LOUs
manufacturers already require their
dealers to inform consumers of the age
recommendations for ATVs and to
monitor dealer compliance with these
recommendations. It is possible that the
enforcement mechanism provided by
this disclosure statement would be no
more costly than the current methods of
monitoring compliance with the LOUs.
Provision of Training for ATV
Purchasers. The training requirement of
the proposed rule would require
manufacturers or distributors of ATVs to
provide a training certificate to each
purchaser of a new ATV that entitles the
purchaser and any qualified member of
his or her immediate family to attend an
authorized training course, ‘‘free’’ of
charge. Of course, the training will not
be free in terms of the trainee’s time.
The trainee would have to devote a day
to the training process, and may have to
transport an ATV to the training site. In
the case of children, parents would
likely need to become involved by
16 This estimate is based on it taking
approximately 2 minutes to complete the form and
distribute the copies to the purchaser, the
manufacturer, and the retailer’s files and that the
time is valued at $21.32/hour, which is the average
wage of motor vehicle sales workers in July 2004,
as reported by the U.S. Department of Labor, Bureau
of Labor Statistics, adjusted for inflation. Other
costs, such as the cost of the blank forms and
postage, may add another $0.24 to the cost.
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providing transportation to the training
site. Hence, the provision of the ‘‘free’’
certificate entitling the holder to
training can be thought of as a subsidy
to encourage new purchasers to take the
training.
The cost of the training to be provided
will depend upon a number of factors,
such as the length of the course, the
number of trainers, the number of
enrollees, and others. However, if the
training is similar to that currently
provided by the ATV Safety Institute
(ASI), the value of the training
certificate entitling the holder to a
training course might be $75 to $125.
This is what ASI currently charges
children and adults respectively for the
course, as indicated at their Web site
(www.atvsafety.org). Thus, the value of
the training subsidy, under this
requirement of the proposed standard,
might be $75 to $125 per trainee.
The requirement that manufacturers
offer free training is essentially a
requirement that they subsidize ATV
safety training. The purpose of a subsidy
is to lower the cost of a product to a
person to induce them to purchase more
of the product. It can be an appropriate
policy when it is believed that
consumers will not purchase the
socially optimal quantity of the good
without some intervention. A consumer
might not purchase the optimum
quantity of a good for a variety of
reasons, such as some of the societal
benefit of purchasing the good (or
undertaking an activity) might go to
people other than the direct consumer
or if the consumer underestimates the
value of the good to himself or herself.
In the case of ATV safety training, it
is likely that many consumers
underestimate the benefits of training.
According to ESHF, ATVs can appear
‘‘deceptively easy’’ to operate but in fact
require ‘‘repeated practice to drive
safely.’’ Even at low speeds ATV drivers
need to have ‘‘situational awareness
necessary to negotiate hazards on
unpaved terrain’’ and make ‘‘quick
judgments’’ with regard to steering,
speed, braking, weight shifting and
terrain suitability. Consumers who
underestimate the difficulty of riding
ATVs may conclude that the cost of the
training, including the costs in terms of
time and travel, will exceed the benefits.
It is likely that more consumers will be
induced to take training if the
manufacturers emphasize the
importance of training to consumers and
offer them free training.
The benefits of training to new ATV
drivers could be substantial. ESHF
indicates that training may act as a
surrogate for experience because it
exposes new ATV drivers to situations
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they will encounter riding off-road and
teaches them the proper driving
behavior to navigate those situations.
The Directorate for Epidemiology
estimates, based on the results of the
2001 ATV injury and exposure surveys,
that formal training may reduce the risk
of injury by about half. The application
of this result, in combination with the
HF finding that training may function as
a surrogate for driving experience,
allows us to quantify the possible
benefits of training.
A recent ATV risk analysis found a
strong inverse relationship between
driving experience and the risk of
hospital emergency department (ED)
treated injury. Based on this analysis,
risk in the first year of riding was about
65 percent higher than the risk in the
second year, and about twice the risk of
the third year. Assuming that formal
training reduces risk by half in the first
year of ATV use (i.e., acts as a surrogate
for experience), the risk of ED injury for
a male driver under the age of 36 on a
325 cc four-wheel ATV, would decline
by about 0.0083. According to the
CPSC’s Injury Cost Model, the average
societal cost of an ATV-related ED
injury amounted to about $60,250 in
2004 dollars. Consequently, the
expected benefits of training would
amount to about $500 (0.0083 *
$60,250) per new rider taking the
training. The risks for female drivers are
less than for males. Using the same
approach, the ED risk reduction for new
female riders (under age 36, and on a
325 cc, four-wheel ATV) in the first year
would be about 0.0029. The expected
benefit of training an inexperienced
female driver would therefore be about
$175 (0.0029 * $60,250). Given that
about 63 percent of drivers were male in
2001, the average risk reduction for
male and female drivers would amount
to about 0.0063; the expected benefits
would average about $380 (i.e.,
0.63($500) + 0.37($175)).
In addition to preventing non-fatal ED
injuries, training would also likely
reduce ATV-related injuries initially
treated outside of hospital EDs and
ATV-related deaths (see the appendix).
While the risk model formally applies to
ED injuries, it does not seem
unreasonable to assume that the impact
of training on non-ED injuries and
deaths would be similar. Consequently,
if the relationships in the risk model
apply proportionally to non-ED injuries
and deaths, the expected non-fatal
injury reduction benefits for a typical
new driver (weighted by the proportion
of male and female drivers) would
amount to about $220 and the expected
benefits associated with the reduction in
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deaths would amount to about $170 per
trainee.17
Based on this analysis, the expected
benefits of training new riders could
therefore amount to about $770 ($380 +
$220 + $170) per rider. Factoring in
reasonable estimates of the costs of the
training to the consumers, the benefit of
training for new riders should exceed
the costs. For example, if the course fee
is $125 and a trainee must give up 10
hours to take the course (including
transportation to and from the training
site) then the cost of training to a
consumer who valued his or her time at
$17 per hour would be about $295.18
Consequently, the net benefits of
training to this consumer would be
about $475.
A major assumption in this costbenefit comparison is that riders taking
advantage of the training program
would be inexperienced drivers who
would take the training early in the first
year of ATV riding. The expected
benefits would be lower if the training
were taken later. For example, if the
analysis just completed had assumed
the training were taken in the second
year of ownership (rather than the first),
the estimated gross benefits would have
been about $470. Note, however, that
while net benefits would have been
lower (about $175), they are still
positive. Hence even if some riders take
the training after the first year of riding,
the benefits of the training are still
likely to exceed the costs. This suggests
that the results of the cost-benefit
comparison may not be very sensitive to
the timing of the training.
ATV manufacturers that account for
about 90 percent of all U.S. ATV sales
already offer free training to their
17 These calculations were based on information
provided in the appendix to the preliminary
regulatory analysis. According to the appendix,
there were about 1.49 non-ED injuries for every ED
injury in 2001. If the reduction in risk associated
with preventing non-ED injuries were proportional
to the reduction in the ED injury risk, the reduction
would amount to 0.0093 (0.0063 * 1.49). And, since
the costs of the non-ED injuries averaged about
$23,700, the expected benefits from preventing
these injuries would be about $220 (0.0093 *
$23,700) per trainee. Similarly, there were about
0.0054 deaths for every ED-injury. Consequently, if
the reduction in the fatality risk were proportional
to the reduction in the ED injury risk, the reduction
would amount to about 0.000034 (0.0063 * 0.0054).
Assuming a value of statistical life of $5 million,
the expected benefits of reductions in the fatality
risk would amount to about $170 per trainee.
18 The SVIA sponsored training for new riders is
approximately one-half day in length. Assuming
that a trainee must give up 10 hours to take the
training allows for travel to and from the site. The
‘‘value of time’’ estimate is based on the average net
compensation for 2004 as reported by the Social
Security Administration ($34,197.63 for the year,
which is about $17 per hour).
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consumers.19 Therefore, the primary
impact of this requirement will be to
extend the free training offer to people
who purchase ATVs from manufacturers
or importers that do not now offer free
training. These manufacturers account
for about 10 percent of total domestic
ATV sales.
In spite of the offers of free training
and other incentives, few ATV riders
take formal safety training. Based on the
2004 Rider Training Summary provided
by the SVIA, about 35 percent of firsttime ATV purchasers who were offered
this training by member firms took
advantage of it. Since first-time
purchasers accounted for about 20
percent of new ATV purchases, this
suggests that only about 7 percent of all
purchasers of new ATVs actually took
the training. Assuming that this pattern
will hold for the manufacturers or
importers that are not now offering free
training, one can expect that perhaps 7
percent of their consumers will take the
training. Approximately 950,000 ATVs
are sold annually. Because
manufacturers that do not already offer
free training account for about 10
percent of the market, this provision
would likely increase the number of
riders trained annually by 6,000 to 7,000
(.07 × 92,000). If the benefits of the
training are $770 per trainee and the
cost of the training is $295, this could
result in a net benefit of about $3.3
million annually (($770¥$295) × 7,000).
There would be some recordkeeping
costs imposed on retailers and
manufacturers by the proposed rule.
The retailers would be required to
prepare a training certificate that
entitles each qualified member of the
purchaser’s immediate family and
obtain the purchaser’s signature on a
form that acknowledges the receipt of
the free training certificate. The signed
original of this form must be kept by the
retailer and copies provided to both the
purchaser and the manufacturer.
The cost of preparing and filing the
training certificates and
acknowledgement forms is estimated to
be about $1.38 per ATV sold. This is
based on it taking approximately 1
minute to complete the training
certificate and the acknowledgement
form. An additional minute might be
required to distribute the copies of the
forms to the purchaser, the
manufacturer, and the retailer’s files.
19 In addition to offering free training, some ATV
manufacturers offer additional incentives to
encourage first-time buyers to take ATV safety
training. For example, in addition to providing free
training, some manufacturers give first-time
purchasers an additional $100 if they complete the
training. Some manufacturers also offer the free
training to other members of the purchaser’s family.
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Time is valued at $21.32.20 The cost of
the blank forms, postage, and other
supplies, accounts for the remaining
$0.31.
Means for Reporting Safety
Complaints and Concerns. The
proposed rule will require that each
manufacturer provide consumers with a
means of relaying safety or hazard
related information concerning an ATV
to the manufacturer or importer.
Manufacturers must make available for
this purpose a domestic telephone
number and mailing address, and a Web
site or email address. This contact
information must be contained in the
owners’ manuals which will also be
required to provide consumers with the
instructions for reporting safety or
hazard information to the CPSC.
This provision could provide
manufacturers with an early alert if
there is a potential hazard or defect with
one of their products. This could allow
manufacturers to take preemptive
actions to minimize the risk of injury
due to the problem. However, this
benefit cannot be quantified because we
cannot predict how frequently such a
problem will occur or how reliably it
will be reported to the manufacturer by
consumers.
However, the cost of providing a
means to report safety related problems
is low. Virtually all manufacturers or
distributors that sell ATVs in the U.S
already have domestic telephone
numbers, addresses, and Internet sites.
The additional cost of inserting this
information in an owner’s manual is
very low. In fact, many manufacturers
and distributors already do this.
Discussion. CPSC has been
monitoring ATV-related injuries and
promoting ATV safety since the early
1980s. Over that time, it has negotiated
several voluntary agreements with major
ATV manufacturers that have improved
the safety of ATVs, encouraged formal
safety training for ATV riders, and
promoted safe ATV riding practices.
However, as the ATV market has grown,
new manufacturers and importers have
entered the market that are not party to
any voluntary agreements with the
CPSC with regard to ATV safety. As the
number of new participants increases, it
becomes increasingly difficult to
maintain voluntary agreements with all
manufacturers and importers. In the
absence of either mandatory
requirements or voluntary agreements,
CPSC has no effective mechanism for
enforcing safety standards and practices.
20 This is the average hourly wage of motor
vehicle sales workers reported by the Bureau of
Labor Statistics in July 2004 (inflated to 2006
dollars).
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Moreover, if the market share of
manufacturers and importers that are
not party to any agreement with the
CPSC increases, manufacturers that are
parties to agreements may resist
renewing the voluntary agreements.
The proposed rule would ensure that
key elements of the voluntary
agreements are extended to all ATV
manufacturers and distributors. Because
manufacturers and distributors that
account for about 90 percent of the
market already conform to these
requirements (and much of the
remaining 10 percent conform to at least
some of the requirements) the proposed
standard may not significantly lower the
number of injuries from their current
levels. However, it will establish some
minimum enforceable standards that all
firms that sell ATVs in the U.S. will be
expected to meet.
Where the benefits and costs of the
individual provisions can be quantified,
this analysis has shown that the benefits
are expected to exceed the costs (i.e., a
ban on 3-wheel ATVs and training
inexperienced ATV riders). For other
provisions, the costs of complying with
the standard will be low on a per unit
basis (i.e., providing warning labels and
safety information at the point of sale,
a safety video, and means for reporting
safety hazards or concerns to the
manufacturer). Although the benefits of
these cannot be quantified, they provide
consumers with information that may
help them choose an appropriate ATV
for the rider and may reduce some
unsafe riding behaviors. The costs of
complying with each element of the
requirements of the mechanical
standard have not been quantified.
However, each of the requirements
would provide some safety benefits.
Moreover, the vast majority of ATVs
sold are already thought to be in
compliance.
5. Alternatives to the Proposed Rule
The Commission could consider
alternatives to the proposed rule
including continuing to pursue
voluntary actions rather than a
mandatory rule. Other alternatives
include adopting some parts of the
proposed rule, but not others.
Additionally, the staff considered other
requirements for headlamps and
training.
Not Adopting a Mandatory Rule and
Continuing to Pursue Voluntary
Actions. CPSC has been successful in
gaining the cooperation of the largest
ATV manufacturers and some of the
smaller ones in working voluntarily to
reduce the number of ATV-related
injuries. However, entry into the ATV
market is relatively easy. The number of
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manufacturers and importers has
increased substantially in even the last
few years: from about 7 manufacturers
and importers in 1995, to more than 87
today. As the number of manufacturers
increases it will be increasingly difficult
to negotiate voluntary agreements with
every one. To the extent that some new
entrants do not conform to the
agreements, there could be some
economic pressure on others to limit
their cooperation in the future.
It should also be noted that
promulgating a mandatory rule does not
rule out future CPSC efforts, either
voluntary or mandatory, to further
improve ATV safety.
Promulgating Portions of the
Proposed Rule. Each of the major
provisions of the proposed rule (e.g.,
mechanical requirements, ban of 3wheel ATVs, and so on) could be
considered independently. If the
Commission believes that the benefits of
any of the individual provisions do not
bear a reasonable relationship to the
costs, or for some other reason should
not be mandated, it could exclude those
provisions from a proposed rule.
Allowing Headlamps on Youth ATVs.
The justification for the prohibition of
headlamps on youth ATVs is to
discourage children from riding after
dark. Riding after dark is believed to be
a significant risk factor for children.
Also it can be difficult to supervise
children riding ATVs in low light
conditions. The Commission believes
that allowing headlamps on youth ATVs
would encourage children riding after
dark.
There is a counter argument that if
some children ride after dark or in low
light conditions anyway (or if they do
not return from a trip begun during
daylight before dark) then allowing
headlamps on youth ATVs could reduce
the risk of injury by better illuminating
the rider’s path. It is also possible that
the prohibition could cause some young
teens to ride adult ATVs if they were
involved in some ATV-related activities
with parents or older siblings after dark.
This could increase the injury risk
since, as described earlier, the risk of
injury for a child riding an adult ATV
is twice that of riding a youth ATV.
The Commission does not have the
data to provide statistical support to
either argument. However, in the
judgment of ESHF, the decrease in
injuries resulting from discouraging
after-dark riding by children by
prohibiting headlamps on youth ATVs
probably outweighs the increase in risk
to those children who might still
occasionally ride after dark.
Not Mandating Stop Lamps. As an
alternative to mandating stop lamps, the
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CPSC considered following ANSI/
SVIA–1–2001 by allowing, but not
requiring, stop lamps on all ATVs.
Currently, CPSC staff believes that most
adult ATVs have stop lamps, but most
youth ATVs do not. If stop lamps were
not mandated, the practice of installing
stop lamps on adult ATVs, but not
youth models, is likely to continue. This
is probably due in part to the lower
added cost of installing stop lamps on
adult ATVs, where some of the steps
can be combined with the installation of
tail lamps that are already required.
The benefit of stop lamps is that they
can alert a driver when the driver of a
leading vehicle has applied his or her
brakes, which can increase the chance
of the trailing driver reacting
appropriately, either by applying his or
her own brakes or taking evasive
maneuvers and avoiding a rear-end
collision. It can be anticipated that there
are situations where ATVs would be
traveling in a row on a trail and a driver
may stop unexpectedly. While the staff
has not been able to quantify the
benefits, in some cases, the activation of
a stop lamp may help to avoid a
collision.
The cost of including stop lamps on
ATVs is the cost of the materials (e.g.,
bulbs, switches, wiring, and lenses) and
labor to install the stop lamps during
the manufacturing process, and the cost
of redesigning the body of the ATV to
accommodate the stop light housing.
This cost has not been quantified.
Although the cost is not expected to be
very expensive in absolute terms, the
cost could amount to several dollars or
more per ATV, especially in the case of
youth ATVs that are not currently
equipped with any wiring for lighting.
More Stringent Training
Requirements. The CPSC considered
including more stringent training
requirements in the proposal, including
requiring that at least 8 hours of
training, along with specific
requirements for written and riding
tests, be provided, and that the studentteacher ratio not exceed 4:1. The
minimum time requirements would be
intended to ensure that there would be
sufficient time to cover all topics that
should be covered in a safety course and
to give each student enough time to
practice each skill until they had
reached a satisfactory level of
proficiency. The written and riding tests
would provide a mechanism for the
instructor to give the student specific
feedback concerning his or her
performance. A student-teacher ratio of
4:1 would ensure that each student gets
individual attention.
However, there are drawbacks to
mandating the more stringent
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requirements outlined above. The
training program of the ATV Safety
Institute, which is the leading ATV
safety training provider, is
approximately one-half day in length,
there are no written or driving tests, and
a 4:1 student-teacher ratio is encouraged
but not required. Therefore, mandating
the more stringent requirements could
increase the cost of the training from its
present level. Mandating a minimum
length for the training and mandating a
lower student-teacher ratio could
possibly reduce the availability of
training. Moreover, some new ATV
purchasers who are willing to set aside
the time to participate in a one-half day
training program might not be willing to
set aside a full day for the program,
which for some trainees could include
an overnight stay if the training site was
a substantial distance from their home.
J. Paperwork Reduction Act
The proposed standards will require
manufacturers (including importers) to
perform testing and require
manufacturers and retailers to keep
records. For this reason, the rules
proposed below contain ‘‘collection of
information requirements’’ as that term
is used in the Paperwork Reduction Act,
44 U.S.C. 3501–3520. Therefore, the
proposed rule is being submitted to the
Office of Management and Budget
(‘‘OMB’’) in accordance with 44 U.S.C.
3507(d) and implementing regulations
codified at 5 CFR 1320.11. The
estimated costs of these requirements
are discussed below.
1. Testing and Recordkeeping Costs
Manufacturers. The proposed rule
would require manufacturers (including
importers) to perform, or cause to be
performed, testing sufficient to ensure
that each ATV conforms to the
requirements in the proposed rule. The
requirements in the proposed rule are
based on ANSI/SVIA–1–2001.
As discussed in section I above, the
specified tests will require some time
and equipment. They are estimated to
take one day (8 hours) or less and would
be conducted by at least one other
mechanical engineer. If the total labor
costs were $90 per hour, then the cost
of conducting the tests would be about
$720 per model (8 hours × $90). As
discussed in the Preliminary Regulatory
Analysis above, staff estimates the cost
of the equipment used in the testing to
be about $500. Documentation of the
tests could add perhaps another $100 to
the cost of the testing and record
keeping.
These estimates suggest that the full
testing and recordkeeping costs of the
proposed rule could be about $1,320 per
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model. Based on staff’s identification of
131 different ATV models for the 2001
and 235 different ATV models for the
year 2003 and the significant increase in
sales of ATVs in recent years, there
might be 500 different ATV models
today. Therefore, the full testing and
recordkeeping costs could be $660,000
per year, assuming models are changed
annually.
Because several ATV manufacturers
conform to ANSI/SVIA–1–2001 and
should already be performing the testing
called for in the proposed rule, the
proposed rule will not impose
additional testing burdens on these
manufacturers. The staff estimates that
these manufacturers account for at least
150 ATV models. Therefore, the testing
and recordkeeping cost that could be
attributed to the proposed rule that
would not be incurred in the absence of
the rules, could be less than $462,000
annually ($660,000 ¥ 150 × $1,320).
Retailers. Retailers would be required
to provide certificates for free training as
discussed above. Additionally, each
retailer would be required to maintain a
record of the age acknowledgment
statement and the training
acknowledgment statement. The retailer
will be required to write in the vehicle
identification number on the training
certificates that will be provided to the
purchaser. The purchaser will be
required to sign the original of each
form and the retailer will have to
maintain the originals in his or her files
for 5 years after the date of the purchase.
A copy of the age disclosure statement
and training availability statement must
also be sent to the manufacturer (or
importer). The forms must be made
available to CPSC representatives upon
request.
These records are not complex and
simply provide some basic information
to the consumer (i.e., the minimum age
one should be to ride the particular ATV
and contact information for free ATV
safety training). No information needs to
be collected by the retailer, other than
the consumer’s signature. No particular
skill will be required to generate or
maintain these records. However,
retailers that sell ATVs over the
internet, or in other settings where a
representative of the retailer does not
meet personally with the consumer,
may have to develop new procedures for
obtaining the consumers’ signatures.
These might include not shipping the
ATV until the consumer has returned
the signed originals to the retailer.
The cost of preparing and filing these
records is estimated to come to about
$2.33 per ATV sold. This estimate
assumes that an average of 3 forms and
training certificates will be required for
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each ATV: The age acknowledgement
form, the availability of training
acknowledgement form; and an average
of 1 training certificate. It is further
assumed that each form takes an average
of one minute to complete. An
additional minute will be required for
the retailer to send copies of the forms
to the manufacturer and the
manufacturer will require an additional
minute to properly file the copies. The
time is valued at $21.32 per hour.21 The
cost of the blank forms themselves,
postage, envelopes, and other supplies
might add another $0.55 to the cost.
If 950,000 ATVs are sold annually, the
total recordkeeping cost on retailers will
be about $2.2 million annually. The
number of ATV retailers is estimated to
be about 5,000. Therefore, the
recordkeeping costs will average about
$440 per retailer annually. Training
certificates are already provided with
about 90 percent of the ATVs sold.
Therefore, about $0.3 million of this
cost is already being incurred.
K. Initial Regulatory Flexibility
Analysis
1. Introduction
The Regulatory Flexibility Act
(‘‘RFA’’) generally requires that agencies
review proposed rules for their potential
economic impact on small entities,
including small businesses. Section 603
of the RFA calls for agencies to prepare
and make available for public comment
an initial regulatory flexibility analysis
describing the impact of the proposed
rule on small entities and identifying
impact-reducing alternatives.
Accordingly, the staff prepared an
initial regulatory flexibility analysis
which is summarized below.
2. Reporting, Recordkeeping and Other
Compliance Requirements
It is difficult to estimate accurately
the number of small entities that could
be impacted for two reasons. One reason
is that as noted below, the number of
firms participating in the market has
increased significantly over the last 10
years. Secondly, it is relatively easy for
a firm to enter and exit the market. It is
certain, however, that the ATV market
has grown significantly in recent years.
Manufacturers (and Importers). The
proposed rule imposes some
requirements on manufacturers (which
includes importers) of ATVs. The
number of firms that manufacture or
import ATVs is increasing. From the
time ATVs were first introduced in the
21 This is the average hourly wage of motor
vehicle sales workers reported by the Bureau of
Labor Statistics in July 2004 (inflated to 2006
dollars).
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early 1970s until about 2000, virtually
all ATVs were manufactured and
distributed by a few large firms. Since
2000, the number of smaller importers
has increased significantly. The staff
now believes that there are at least 87
manufacturers or importers that supply
ATVs to the U.S. market. However,
seven large manufacturers still account
for about 90 percent of the U.S. ATV
market. Thus, small manufacturers or
importers have a combined market share
of perhaps 10 percent of the market.22
Many of the new entrants are small
importers that import ATVs from
manufacturers based in Korea, Taiwan,
and China. Virtually all manufacturers
and importers of ATVs, including the
small ones, are believed to manufacture
and import products other than ATVs.
These other products often include
other motorized vehicles, such as
motorcycles, motor scooters, go-carts,
and mini bikes. In fact, of the ATV
import operations that CPSC staff
inspected in 2005, none sold ATVs
exclusively and most received a
majority of their revenue from other
products.
Conducting the tests to ensure that
ATVs comply with the proposed
mechanical standards will require
professional engineering services. ATV
manufacturers probably have qualified
engineers on staff or can obtain the
services of qualified engineers to
conduct the tests. The documentation of
the tests would likely be completed by
the engineer conducting the tests.
As discussed in sections I and J above,
estimates suggest that the full testing
and recordkeeping costs of the proposed
rule could be about $1,320 per model.
Staff estimates that there might be 500
different ATV models today. Therefore,
the full testing and recordkeeping costs
could be $660,000 per year, assuming
models are changed annually.
As discussed above, the proposed rule
will not impose additional testing
burdens on the manufacturers who
already conform to ANSI/SVIA–1–2001.
The staff estimates that these
manufacturers account for at least 150
ATV models. Therefore, the testing and
recordkeeping cost that could be
attributed to the proposed rule that
would not be incurred in the absence of
the rule, could be less than $462,000
annually ($660,000 ¥ 150 × $1,320).
The annual cost of the testing per small
manufacturer could be $5,000 to $6,000
22 According to the U.S. Small Business
Administration size standards, an ATV
manufacturer (NAICS code 336999) with fewer than
500 employees would be considered small and an
ATV wholesaler (NAICS code 423110) with fewer
than 100 employees would be considered small.
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assuming an average of 4 to 5 models
require testing each year.
Importers that do not manufacture
ATVs can probably work with the
foreign manufacturers to ensure that the
ATVs meet the mechanical
requirements and the documentation is
prepared and transferred to the
importer. Where the compliance testing
is conducted by persons not fluent in
English, an importer may have to
employ the services of a qualified
translator who can translate the records
accurately into English.
The requirement that all ATVs be
equipped with a stop lamp would
impose some cost burden on ATV
manufacturers. Although many adult
ATVs are already equipped with stop
lights, most youth ATVs are not. Many
small manufacturers and importers
supply youth ATVs to the U.S. market.
The cost of including stop lamps on
ATVs includes the cost of the materials
(e.g., bulbs, wiring, switches, lenses,
and housing), the cost of the labor to
install the materials, and the cost of
modifying the bodies of ATVs to
accommodate stop lamps. Stop lamps
are standard on many different vehicles
and, as noted, are included on most
adult ATVs. However, CPSC has not
developed firm estimates of the added
cost to equip youth ATVs with stop
lamps.
The requirement that youth ATVs be
equipped with automatic transmissions
could impose some cost on
manufacturers whose youth models are
not already so equipped. However, most
youth ATV models, including those
from small importers, already appear to
be equipped with automatic
transmissions. The models identified by
the staff that did not have automatic
transmissions were some ATVs
intended for children 12 years of age or
older that were equipped with
automatic clutches. An automatic
clutch, which still requires the driver to
manually select the appropriate gear,
would not meet this requirement for
youth ATVs.23
The cost of providing the required
warning labels, hangtags, and additional
pages in owner’s manuals is low. Many,
if not most, manufacturers already
comply, at least to some degree, with
this requirement. However, some
foreign manufacturers may require the
services of a qualified translator to
ensure that the labels and manuals are
written in clear and understandable
English. Other special skills probably
will not be required since the required
23 The three youth ATV models equipped with
automatic clutches were produced by three of the
large ATV manufacturers.
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safety content of the warning labels,
hangtags, and manuals is specified in
the rule.
The proposed rule requires that
manufacturers provide purchasers with
a video that provides safety information
concerning ATVs. The major
manufacturers already provide the
safety videos that conform to this
requirement. The cost of duplicating a
video or DVD is no more than a few
dollars. However, the cost of producing
the safety video could be several
thousand dollars. The impact on small
importers could be reduced if a third
party video could be licensed or shared
by many small manufacturers or
importers.
Manufacturers would also be required
to keep a copy of the owner’s manuals
and the safety video for each model on
file for at least 5 years. It is likely that
many manufacturers would do this even
in the absence of a mandatory rule. The
storage costs of these items probably
would not exceed $10 per model. The
cost could be lower since the same
safety video would likely be used for all
ATV models produced or imported by a
manufacturer and could be used for
several years. Owner’s manuals also
might cover more than one model.
The proposed rule requires
manufacturers to offer ‘‘free’’ ATV safety
training to each purchaser of a new ATV
and to each member of the purchaser’s
family who meets the age qualification
to drive the ATV. The manufacturer or
importer must make arrangements with
a training provider to provide this
training. The training providers must
offer their services reasonably close to
where the purchaser lives and within a
reasonable time of the purchase. There
are groups, such as the ATV Safety
Institute (sponsored by the Specialty
Vehicles Institute of America (or
‘‘SVIA’’)) that offer ATV safety training
that should comply with this
requirement. Based on the listed prices
for the SVIA training, the cost is
between $75 and $125 per person.
Based on the experience with the
manufacturers that have signed LOUs
with the CPSC, it is expected that about
30 to 40 percent of ATV purchasers with
little riding experience will take
advantage of the offer of free safety
training. However, since most ATV
purchasers are already experienced
drivers, it is expected that less than 10
percent of all purchasers of new ATVs
will take advantage of the free training
offer.
The proposed rule would formalize a
ban on the sale of new 3-wheel ATVs.
CPSC reached voluntary agreements
with ATV manufacturers to stop
supplying 3-wheel ATVs to the U.S.
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market in 1988. The staff is not aware
of any major manufacturers that are
currently supplying 3-wheel ATVs to
the U.S. market. However, the Office of
Compliance has found evidence that
some 3-wheeled vehicles that meet the
definition of an ATV are being offered
for sale to U.S. consumers on the
internet. The formal ban in the proposed
rule is intended to ensure no
manufacturer or importer introduces a
new 3-wheel ATV in the future. The ban
should not impact the current
operations of any manufacturer or
importer.
Retailers. ATV retailers would have
some responsibilities under the
proposed rule, but none that would be
expected to have a substantial impact.
The CPSC staff have not determined the
total number of ATV retail operations,
but they certainly number in the
thousands, a substantial number of
which could be small businesses. Many
ATV retailers are franchise operations of
the larger ATV manufacturers or
distributors. Other ATV retailers
purchase their inventory from ATV
importers and wholesalers. ATV
retailers usually sell products in
addition to ATVs, including
motorcycles, scooters, and farm
equipment. Some ATVs are offered for
sale over the internet.
Each retailer will be required to
prepare a ‘‘training certificate’’ that
entitles each qualified member of the
purchaser’s immediate family to free
ATV safety training. Additionally, the
retailer will be required to prepare and
maintain records of disclosure
statements concerning age
recommendations and availability of
training. The retailer will provide copies
of both forms to the purchaser and the
manufacturers. The retailer and
manufacturers would have to maintain
the originals in their files for 5 years
after the date of the purchase. The forms
must be made available to CPSC
representatives upon request.
As discussed in sections I and J above,
the cost of preparing and filing these
records is estimated to come to about
$2.33 per ATV sold. The cost of the
blank forms themselves, postage,
envelopes, and other supplies might add
another $0.55 to the cost. If 950,000
ATVs are sold annually, the total
recordkeeping cost on retailers will be
about $2.2 million annually. The
number of ATV retailers is estimated to
be about 5,000. Therefore, the
recordkeeping costs will average about
$440 per retailer annually.
The retailer will also be responsible
for ensuring the warning labels and
hang tags specified in the proposed rule
remain on the vehicle at least until the
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purchaser has possession of it. In
addition, the retailer would be
responsible for ensuring that the safety
video and owner’s manual provided by
the manufacturer or importer are
transferred to the purchaser.
3. Other Federal Rules
The CPSC has not identified any
Federal rule that either overlaps or
conflicts with the proposed rule. Some
states require training of ATV operators
under some circumstances or require
riders to wear certain protective gear. At
least one state (North Carolina) has
specified maximum engine sizes for
ATVs intended for children under the
age of 16 years.
4. Alternatives to the Proposed Rule
The proposed rule would essentially
mandate provisions of a voluntary
mechanical standard and certain
provisions of agreements that CPSC has
negotiated with the major ATV
distributors. Manufacturers and
distributors with an estimated combined
market share of about 90 percent of the
ATVs sold already comply with most of
the provisions of the proposed rule.
Because the rules are intended to ensure
that all ATVs, distributors, and retailers
meet these minimum requirements,
CPSC has not identified any alternatives
that would reduce the burden on small
businesses and accomplish the goals of
the proposed rule.
The option of continuing to rely on
voluntary activity was considered by the
staff. However, the rapid increase in the
number of firms supplying ATVs to the
market and the relative ease of entry and
exit into the market make it impractical
to negotiate individual agreements with
each manufacturer and importer.
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5. Summary and Conclusions
Many of the 87 or more companies
that manufacture or import ATVs into
the U.S. and an unknown number of the
retailers are small entities. The
proposed rule would impose some
requirements on these firms. However,
the requirements are needed to ensure
that all ATVs meet some minimum
safety requirements, that all ATV
consumers receive some important
safety information, and that all buyers
be offered the training that is needed to
safely operate ATVs. Some small
entities are already meeting many of the
provisions of the proposed rule.
L. Environmental Considerations
Usually, CPSC rules establishing
performance requirements are
considered to ‘‘have little or no
potential for affecting the human
environment,’’ and environmental
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assessments are not usually prepared for
these rules (see 16 CFR 1021.5 (c)(1)).
Moreover, most of the ATV industry is
already thought to be in conformance
with most of the provisions of the
proposed standard. Therefore, it is
unlikely that substantial changes will be
made in production practices nor will a
substantial number of products require
modification or disposal.
M. Executive Order 12988 (Preemption)
As required by Executive Order 12988
(February 5, 1996), the CPSC states the
preemptive effect of the ATV
regulations proposed today as follows:
The regulations for youth ATVs are
proposed under authority of the Federal
Hazardous Substances Act (FHSA). 15
U.S.C. 1261–1278. Section 18 of the
FHSA provides that, generally, if the
Commission issues a rule under, or for
the enforcement of, section 2(q) of the
FHSA to protect against a risk of injury
associated with, among other things,
any toy or other article intended for use
by children, ‘‘no State or political
subdivision of a State may establish or
continue in effect a requirement
applicable to such [article] and designed
to protect against the same risk of illness
or injury unless such requirement is
identical to the requirement established
under such regulations.’’ 15 U.S.C.
1261n(b)(1)(B). Upon application to the
Commission, a State or local standard
may be excepted from this preemptive
effect if the State or local standard (1)
provides a higher degree of protection
from the risk of injury or illness than the
FHSA standard and (2) does not unduly
burden interstate commerce. In
addition, the Federal government, or a
State or local government, may establish
and continue in effect a non-identical
requirement that provides a higher
degree of protection than the FHSA
requirement for the hazardous substance
for the Federal, State or local
government’s own use. 15 U.S.C.
1261n(b)(2).
The proposed rule for adult ATVs is
issued under authority of the Consumer
Product Safety Act (CPSA). 15 U.S.C.
2051–2084. Section 26 of the CPSA sets
out a preemption provision similar to
that of the FHSA, specifically
‘‘whenever a consumer product safety
standard under the Act [CPSA] is in
effect and applies to a risk of injury
associated with a consumer product, no
State or political subdivision of a State
shall have any authority either to
establish or continue in effect any
provision of a safety standard or
regulation which prescribes any
requirements as to the performance,
composition, contents, design, finish,
construction, packaging, or labeling of
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such product which are designed to deal
with the same risk of injury associated
with such consumer product, unless
such requirements are identical to the
requirements of the Federal standard.’’
15 U.S.C. 2075(a). As with the FHSA
preemption provisions, an exception for
products for the state or political
subdivision’s own use and a petitioning
procedure for an exemption from the
otherwise applicable federal standard
are provided.
Thus, with the exceptions noted
above, the ATV requirements proposed
in today’s Federal Register would
preempt non-identical state or local
requirements for ATVs designed to
protect against the same risk of injury.
N. Effective Date
The Commission proposes that these
rules would become effective 180 days
from publication of a final rule in the
Federal Register and would apply to all
terrain vehicles manufactured or
imported on or after that date. The
CPSA requires that consumer product
safety rules take effect not later than 180
days from their promulgation unless the
Commission finds there is good cause
for a later date. 15 U.S.C. 2058(g)(1).
Many of the requirements proposed in
these rules are substantially the same as
provisions of the ANSI/SVIA voluntary
standard, which the major ATV
manufacturers currently comply with,
or of the LOU agreements, which the
major ATV manufacturers have with the
Commission. Therefore, the
Commission believes that a 180-day
effective date is appropriate.
O. Proposed Findings
The CPSA and FHSA require the
Commission to make certain findings
when issuing a consumer product safety
standard or a rule under the FHSA. The
CPSA requires that the Commission
consider and make findings about the
degree and nature of the risk of injury;
the number of consumer products
subject to the rule; the need of the
public for the rule and the probable
effect on utility, cost and availability of
the product; and other means to achieve
the objective of the rule while
minimizing the impact on competition,
manufacturing and commercial
practices. The CPSA also requires that
the rule must be reasonably necessary to
eliminate or reduce an unreasonable
risk of injury associated with the
product and issuing the rule must be in
the public interest. For a rule declaring
a product a banned hazardous product,
the CPSA requires that the Commission
must find that no feasible consumer
product safety standard would
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adequately protect the public from the
unreasonable risk. 15 U.S.C. 2058(f)(3).
In addition, the Commission must
find that: (1) If an applicable voluntary
standard has been adopted and
implemented, that compliance with the
voluntary standard is not likely to
adequately reduce the risk of injury, or
compliance with the voluntary standard
is not likely to be substantial; (2) that
benefits expected from the regulation
bear a reasonable relationship to its
costs; and (3) that the regulation
imposes the least burdensome
requirement that would prevent or
adequately reduce the risk of injury. Id.
The FHSA requires essentially similar
findings concerning unreasonable risk,
voluntary standards and potential costs
and benefits. Under the FHSA, the
Commission must find that some aspect
of the design or manufacture of the
article it seeks to regulate presents an
unreasonable risk of injury or illness. Id.
1261(s). The Commission must also
make the findings concerning voluntary
standards, relationship of costs to
benefits, and least burdensome
alternative as required by the CPSA. The
findings must also be stated in the rules.
These findings are discussed below.
Degree and nature of the risk of
injury. According to the Commission’s
2004 Annual Report on ATVs, the
Commission has reports of 6,494 ATVrelated deaths that have occurred since
1982. For 2003 alone, an estimated 740
ATV-related deaths were reported to the
Commission. The estimated number of
ATV-related injuries treated in hospital
emergency rooms in 2004 was 136,100,
which is an increase of about 8 percent
over the 2003 estimate. These incidents
occur when the operator of an ATV
loses control of the vehicle, collides
with another object, or otherwise
becomes injured or dies while riding an
ATV. Many incidents are related to
behavior of the operator (such as riding
on paved roads, carrying a passenger,
driving at excessive speeds).
Number of consumer products subject
to the rule. The market has increased
substantially since ATVs were first
introduced over thirty years ago. In
2005, an estimated 6.9 million ATVs
were in use.
The need of the public for ATVs and
the effects of the rule on their utility,
cost and availability. The need of the
public for ATVs is both for recreation
and for work, particularly on farms and
ranches in rural areas. The proposed
rule will have minimal effect on the
utility, cost and availability of ATVs.
The mechanical provisions of the
proposed rule are substantially similar
to requirements of the voluntary
standard with which the major ATV
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manufacturers comply. Costs should be
small because the information
provisions of the proposed rule are also
currently being followed by the major
ATV manufacturers. With the exception
of the ban of three-wheeled ATVs, the
proposed rule should not affect the
availability of ATVs. In fact, a greater
variety of youth ATVs may become
more available.
Other means to achieve the objective
of the rule while minimizing the impact
on competition and manufacturing.
Because most ATV manufacturers are
currently complying with the ANSI/
SVIA voluntary standard and are
providing the information materials the
proposed rule requires, the Commission
does not believe that the proposed rule
will have much effect on competition
and manufacturing. It is likely, however,
that newer entrants may need to take
action to bring their ATVs into
compliance with the proposed rule.
This could have the effect of increasing
the price for the newer entrants’
imported ATVs. In the future, this could
reduce the number of new entrants
coming into the ATV market.
Unreasonable risk. As discussed
above, the Commission has reports of
6,494 ATV-related deaths that have
occurred since 1982 and for 2003 alone,
an estimated 740 ATV-related deaths
were reported to the Commission. The
estimated number of ATV-related
injuries treated in hospital emergency
rooms in 2004 was 136,100. The
proposed rules will establish
mechanical standards for ATVs and
requirements for the provision of safety
information about operating ATVs.
Included in this will be a requirement
for manufacturers to provide free
training. Many ATV manufacturers are
currently in compliance with many of
the proposed requirements. However,
some of the additional requirements
(such as requiring the age
acknowledgment form and training
acknowledgment form) or requirements
that are somewhat different from current
practice (such as clearer warning
statements) may better inform
consumers of ATV-related risks who
may then be better able to reduce or
avoid these risks. Moreover, the
mandatory requirements will cover the
increasing number of new entrants into
the ATV market who are not following
current voluntary standards or other
safety practices that the major
manufacturers are voluntarily following.
This will reduce the risk of injury in the
future as more such new entrants may
enter the market.
Public interest. These rules are in the
public interest because they may reduce
ATV-related deaths and injuries in the
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future. Their mandatory nature will
mean that all ATV manufacturers will
have to comply with the mechanical
and information requirements of the
rules. The increasing number of new
entrants will make it difficult to
maintain voluntary agreements with
manufacturers. By issuing mandatory
requirements, the Commission will have
the authority to enforce these
requirements rather than relying on
voluntary compliance.
Ban of three-wheeled ATVs. Threewheeled ATVs are less stable and more
difficult to steer than four-wheeled
ATVs. The risk of sustaining a hospital
emergency room-treated injury while
operating a three-wheeled ATV is about
3 times the risk on a similar fourwheeled ATV. While there are many
technical factors that make a fourwheeled ATV more dynamically stable
than a three-wheeled ATV, one of the
largest factors is the fourth wheel. Given
the inherent difference in vehicle
configuration, the Commission does not
believe it is feasible to develop a
performance standard for three-wheeled
ATVs that would improve that vehicle’s
stability performance to that of a fourwheeled vehicle.
Voluntary standards. The current
voluntary standard, ANSI/SVIA–1–
2001, specifies requirements for the
mechanical operation of single rider
ATVs (both for adult and youth ATVs).
Manufacturers are working to
incorporate requirements for tandem
ATVs into the voluntary standard. The
major manufacturers appear to comply
with most provisions of the voluntary
standard. However, the voluntary
standard does not contain information
requirements for such things as warning
labels, owners manuals and training.
Thus, compliance with the voluntary
standard alone would not be sufficient
to adequately reduce or eliminate the
risk of injury. Many ATV incidents
occur because of the way the ATV is
used. The Commission cannot issue
requirements for how a product should
be used (e.g., requiring helmets,
prohibiting children from riding adult
ATVs). To affect these behaviors the
Commission must act through
requirements directing manufacturers
and retailers to take actions that inform
consumers of the risks associated with
ATVs and advise consumers how they
could reduce these risks.
The major manufacturers have agreed
to take many of the informational
actions proposed in the rules through
the LOUs they have entered into with
the Commission. The LOUs are
completely voluntary. A company could
decide to change any of the actions it
has agreed to at any time.
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Although the major manufacturers
appear to be complying with the
voluntary standard and abiding by their
LOUs, a growing portion of the ATV
market may not be following the
voluntary standard (and is not bound by
the LOUs). These new entrants now
comprise approximately 10 percent of
the market. Given recent trends and the
lower price of the new entrants’
products, their share of the market is
likely to increase.
Thus, the Commission finds that
compliance with the ANSI/SVIA–1–
2001 voluntary standard is not likely to
eliminate or adequately reduce the risk
of injury associated with ATVs, and it
is unlikely that there will be substantial
compliance with the voluntary
standard.
Relationship of benefits to costs.
Because most manufacturers are
currently taking most of the actions that
the proposed rules would require, costs
from the proposed rules are likely to be
small. The initial potential reduction of
ATV-related deaths and injuries may
also be small. However, mandating the
mechanical and information
requirements will mean that new
entrants to the market, a group that has
recently been increasing, will have to
comply with the requirements as well.
The proposed rule would impose some
testing and recordkeeping costs. The
staff estimates these to be about
$462,000 annually. For many of the
provisions, it is difficult to quantify
benefits. However, for the training
requirement alone, the Commission
estimates the proposed provision could
result in a net benefit of about $3.3
million annually. Given that in 2004 an
estimated 136,000 ATV-related injuries
were treated in hospital emergency
rooms, and that an estimated 6,494
ATV-related deaths have occurred since
1982, if the proposed rule affects even
a small number of potential deaths and
injuries, the benefits would bear a
reasonable relationship to the costs.
As for youth ATVs, the Commission
proposes to establish categories of youth
ATVs based on maximum speed rather
than engine size. This should not
impose additional costs on
manufacturers because these
delineations are similar to those already
in the ANSI/SVIA–1–2001 voluntary
standard. However, this change could
lead to a greater variety of youth ATVs
which could result in more children
riding youth ATVs rather than larger,
riskier adult models. Such a movement
of children to youth ATVs could reduce
ATV-related deaths and injuries because
the risk of injury for riders under the age
of 16 driving adult ATVs is about twice
the risk of injury of those who are
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driving age-appropriate ATVs.
Additionally, the proposed change
could result in more children receiving
formal training, and this too could
reduce deaths and injuries.
Least burdensome requirement. As
discussed above, the proposed rule is
likely to impose only a small burden on
most current ATV manufacturers and
retailers. The Commission is essentially
mandating the current practice that
many manufacturers are following.
Nevertheless, the proposed rule is likely
to reduce the risk of injury associated
with ATVs because it will enable the
Commission to directly enforce the
provisions of the rule and will bring
new entrants under federal regulation.
P. Additional Instructions to the Staff
and Request for Comments
The Commission instructs the staff to
take the following actions and invites
public comment on any of the issues
raised.
With regard to youth ATVs:
1. Analyze all in-depth investigation
reports and any other detailed reports of
injuries we may have to children on
ATVs to determine what factors
contributed to the incidents and to
determine whether additional changes
could be made to the operational/
handling characteristics of youth ATVs
that would reduce or eliminate injuries
and deaths due to those factors.
2. Test current youth models against
one another to determine if there are
characteristics of some models that
make them more stable or otherwise less
incident prone than other models.
3. Determine whether making the
junior and/or pre-teen youth models
less rider interactive (lateral stability,
braking systems, etc.) could reduce or
eliminate deaths and injuries on youth
models.
4. Explore the feasibility of providing
guidance to purchasers on the
appropriate weight of the youth model
ATV in relation to the weight of the
rider and of providing guidance to
manufacturers on an upper limit on the
weight of the junior and pre-teen ATVs.
5. Do research to determine if the top
speed of thirty miles per hour for the
teen youth model is excessive and
whether reducing the speed would
reduce or eliminate deaths and injuries
on those vehicles.
6. Determine how ATV training for
children in the three age groups should
be structured to maximize their ability
to learn the safety information and
riding skills (for example, should we
require that a separate ATV training
course for children be developed?).
7. Determine whether tandem youth
ATVs are appropriate.
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8. Analyze CPSC data to determine
the desirability of illumination on youth
ATVs (in both daytime and nighttime
situations) to reduce deaths and injuries
to riders.
With regard to ATVs in general:
1. As part of the on-going information
and education campaign, Human
Factors and other staff shall work with
the Office of Information and Public
Affairs to ensure that the core message
that is developed with regard to
children under 16 driving ATVs is as
effective as possible. Explore whether
two campaigns should be developed:
One directed to children and one
directed to the parents/adult drivers.
2. Review and revise, where
necessary, the incident reporting form
on the ATV Web site to solicit as much
information about ATV incidents as
possible to assist staff in current and
future ATV incident evaluations.
3. Create a new tab on the ATV Web
site that would contain everything
parents ought to know about ATV safety
for their children.
4. Detail the plan for enforcement and
monitoring of the ATV age guidelines
under the new proposal and explain
how it would differ from current
practice and what additional
enforcement tools it would provide the
Commission.
Q. Conclusion
For the reasons stated in this
preamble, the Commission preliminarily
concludes that all terrain vehicles
intended for adults present an
unreasonable risk of injury which can
be reduced through the requirements of
this proposed rule. With regard to ATVs
intended for children under the age of
16, the Commission preliminarily
concludes that ATVs that do not meet
the requirements specified for youth
ATVs are hazardous substances under
section 2(f)(1(D) of the FHSA. The
Commission also preliminarily
concludes that three-wheeled ATVs
present an unreasonable risk of injury
and there is no feasible consumer
product safety standard that would
adequately protect the public from the
risk of injury.
List of Subjects
16 CFR Part 1307
Consumer protection, Imports, Law
enforcement, Recreation and recreation
areas, Safety.
16 CFR Part 1410
Consumer protection, Imports,
Information, Labeling, Law
enforcement, Recreation and recreation
areas, Reporting and recordkeeping
requirements, Safety.
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§ 1307.5
16 CFR Part 1500
Consumer protection, Hazardous
materials, Hazardous substances,
Imports, Infants and children, Labeling,
Law enforcement, Toys.
16 CFR Part 1515
Consumer protection, Imports, Infants
and children, Information, Labeling,
Law enforcement, Recreation and
recreation areas, Reporting and
recordkeeping requirements, Safety,
Youth.
For the reasons stated in the
preamble, the Commission proposes to
amend Chapter II of title 16 of the Code
of Federal Regulations as follows:
1. Add part 1307 to read as follows:
PART 1307—BAN OF THREEWHEELED ALL TERRAIN VEHICLES
Sec.
1307.1
1307.2
1307.3
1307.4
1307.5
1307.6
Scope and application.
Purpose.
Definitions.
Banned hazardous products.
Findings.
Effective date.
Authority: 15 U.S.C. 2057 and 2058.
§ 1307.1
Scope and application.
In this part 1307 the Consumer
Product Safety Commission declares
that three-wheeled all terrain vehicles,
as defined in § 1307.3, are banned
hazardous products under sections 8
and 9 of the Consumer Product Safety
Act (15 U.S.C. 2057 and 2058).
§ 1307.2
Purpose.
The purpose of the rule in this part is
to prohibit the sale of three-wheeled all
terrain vehicles. These products present
an unreasonable risk of injury as a threewheeled ATV is inherently less stable
than an ATV with four wheels resulting
in 3 times the risk of injury compared
to a four-wheeled ATV.
§ 1307.3
Definitions.
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(a) The definitions in section 3 of the
Consumer Product Safety Act (15 U.S.C.
2052) apply to this part 1307.
(b) Three-wheeled all terrain vehicle,
or three-wheeled ATV, means a
motorized vehicle that travels on three
low pressure tires, has a seat designed
to be straddled by the operator, has
handlebars for steering, and is intended
for off-road use on non-paved surfaces.
§ 1307.4
Banned hazardous products.
Any three-wheeled ATV, as defined
in § 1307.3(b), that is manufactured or
imported on or after [180 days from
issuance of final rule] is a banned
hazardous product.
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Findings.
(a) The degree and nature of the risk
of injury. The Commission finds that the
risk of injury which the regulation in
this part is designed to eliminate or
reduce is that of severe injury or death
occurring when the operator of a threewheeled ATV loses control of the
vehicle, collides with another object, or
otherwise becomes injured or dies while
riding a three-wheeled ATV. Threewheeled ATVs are less stable and more
risky than four-wheeled ATVs. The risk
of sustaining a hospital emergency room
treated injury while operating a threewheeled ATV is about 3 times the risk
on a similar four-wheeled ATV.
(b) Products subject to the ban. Threewheeled ATVs are motorized vehicles
that travel on three low pressure tires,
have a seat designed to be straddled by
the operator, have handlebars for
steering, and are intended for off-road
use on non-paved surfaces.
(c) The need of the public for threewheeled ATVs and the effects of the rule
on their utility, cost and availability.
The Commission finds that the public’s
need for three-wheeled ATVs (given the
continued availability of four-wheeled
ATVs) is small and that the effect of this
rule on the cost, utility, and availability
of three-wheeled ATVs will also be
small. The major manufacturers of ATVs
have not sold three-wheeled ATVs in
the United States since 1988. Although
a few new entrants to the market have
started to offer three-wheeled ATVs, and
some models that were manufactured
before 1988 are still in use, threewheeled ATVs are not widely available
at this time. Even before 1988, the
market for three-wheeled ATVs
compared to four-wheeled ATVs was
declining. In 1986, about 80 percent of
ATVs sold in the United States had four
wheels. For most individuals, the utility
difference between a three-wheeled
ATV and a four-wheeled ATV is
minimal. Four-wheeled ATVs will
continue to be available. Except for the
fact that three-wheeled ATVs are
considerably less stable than fourwheeled ATVs, they are functionally
˘
equivalent.a≤ One can use a fourwheeled ATV in essentially the same
manner as a three-wheeled ATV.
(d) Alternatives. The Commission has
considered other means of obtaining the
objective of this ban, but has found none
that would adequately reduce the risk of
injury. While there are many technical
factors that make a four-wheeled ATV
more dynamically stable than a threewheeled ATV, one of the largest factors
is the fourth wheel. Given the inherent
difference in vehicle configuration, the
Commission does not believe it is
feasible to develop a performance
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standard for three-wheeled ATVs that
would improve that vehicle’s stability
performance to that of a four-wheeled
vehicle.
§ 1307.6
Effective date.
The rule in this part becomes effective
[180 days from issuance of final rule]
and applies to all three-wheeled ATVs
manufactured or imported on or after
that date.
2. Add part 1410 to Subchapter B to
read as follows:
PART 1410—REQUIREMENTS FOR
ADULT ALL TERRAIN VEHICLES
Subpart A—General Requirements
Sec.
1410.1 Purpose, scope, effective date.
1410.2 Definitions.
1410.3 Requirements in general.
1410.4 Findings.
Subpart B—Requirements for Equipment,
Configuration and Performance for Single
Rider ATVs
1410.5 Equipment and configuration
requirements.
1410.6 Maximum speed capability test
1410.7 Service brake performance test.
1410.8 Parking brake performance test.
1410.9 Pitch stability requirements.
Subpart C— Requirements for Labeling,
Point of Sale Information and Instruction
1410.10 Labeling requirements.
1410.11 Hangtag requirements.
1410.12 Age acknowledgment.
1410.13 Instructional/Owner’s manual.
1410.14 Safety video.
1410.15 Instructional training.
Subpart D—Requirements for Tandem ATVs
1410.16 Requirements in general for
tandem ATVs.
1410.17 Equipment and configuration
requirements for tandem ATVs.
1410.18 Pitch stability requirements for
tandem ATVs.
1410.19 Information requirements for
tandem ATVs.
Subpart E—Certification/Testing/
Recordkeeping
1410.20 Certification.
1410.21 Testing.
1410.22 Recordkeeping.
Figures
Figure 1 to Part 1410—Operator Foot
Environment—Plan View
Figure 2 to Part 1410—Operator Foot
Environment—Front View
Figure 3 to Part 1410—Age Acknowledgment
Form
Figure 4 to Part 1410—Training
Acknowledgment Form
Figure 5 to Part 1410—Operator and
Passenger Foot Environment—Plan View
Figure 6 to Part 1410—Operator and
Passenger Foot Environment—Front
View
Authority: 15 U.S.C. 2056–2058, 2063,
2065 and 2076(e).
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§ 1410.1
Purpose, scope, effective date.
(a) Purpose. The purpose of the
standard of this part is to reduce deaths
and injuries associated with adult all
terrain vehicles (ATVs) by ensuring that
such ATVs meet certain technical
requirements and that consumers have
sufficient safety information about
operating such ATVs.
(b) Scope and effective date. All
terrain vehicles, as defined in
§ 1410.2(a) manufactured or imported
on or after [180 days after final rule is
issued] are subject to the requirements
of the standard in this part and 16 CFR
Part 1307. ATVs intended for use by an
operator less than sixteen (16) years of
age are subject to the requirements in 16
CFR 1500.18(a)(20) and 16 CFR part
1515.
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§ 1410.2
Definitions.
In addition to the definitions in
section 3 of the Consumer Product
Safety Act (15 U.S.C. 2052), the
following definitions apply for purposes
of this part 1410.
(a) All terrain vehicle, or ATV, means
a three- or four-wheeled motorized
vehicle that travels on low pressure
tires, has a seat designed to be straddled
by the operator (and a passenger if
provision is made for carrying a
passenger), has handlebars for steering,
and is intended for off-road use on nonpaved surfaces. For purposes of this
part, all terrain vehicle, or ATV, means
an ATV that is intended for use by an
operator 16 years of age or older.
(b) Footrest means a structural
support for the operator’s feet, which
can include footpegs and footboards.
(c) Gearshift control means a control
for selecting among a number of sets of
transmission gears.
(d) Handlebar means a device used
for steering and rider support and as a
place to mount hand-operated controls.
(e) Low pressure tire means a tire
designed for off-road use on ATVs, and
having a recommended tire pressure of
no more than 69 kPa (10 psi).
(f) Manual clutch means a device
activated by the operator to disengage
the engine from the transmission.
(g) Manual fuel shutoff control means
a device designed to turn the fuel flow
from the fuel tank on and off.
(h) Manufacturer means any entity
that produces ATVs. For purposes of
this part 1410, an importer is a
manufacturer.
(i) Mechanical suspension means a
system which permits vertical motion of
an ATV wheel relative to the chassis
and provides spring and damping
forces.
(j) Parking brake means a brake
system which, after actuation, holds one
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or more brakes continuously in an
applied position without further action.
(k) Passenger handhold means a
device on a tandem ATV to be grasped
by the passenger to provide support and
help maintain balance while riding as a
passenger.
(l) PIN means a Product Identification
Number assigned in accordance with
Recreation Off-Road Vehicle Product
Identification Numbering System, SAE
International Consortium Standard,
ICS–1000, issued 2004–9.
(m) Retailer means, for purposes of
this part 1410, a person to whom an
ATV is delivered or sold for purposes of
sale or distribution by such person to a
consumer.
(n) Safety alert symbol means the
symbol which indicates a potential
personal injury hazard as defined in
section 4.10 of ANSI Z535.4–2002,
American National Standard for
Product Safety Signs and Labels.
(o) Service brake means the primary
brake system used for slowing and
stopping a vehicle.
(p) Spark arrester means an exhaust
system component which limits the size
of carbon particles expelled from a
tailpipe.
(q) Tandem all terrain vehicle means
a motorized off-highway vehicle
designed to travel on four tires, having
a seat designed to be straddled by the
operator and handlebar for steering
control, and a seating position behind
the operator seat designed to be
straddled by no more than one
passenger.
(r) Three-wheeled all terrain vehicle
means an all terrain vehicle as defined
in paragraph (a) of this section that has
three wheels.
(s) Throttle control means a control
which is located on the handlebar and
is used to control engine power.
(t) VIN means a Vehicle Identification
Number assigned as specified in 49 CFR
part 565.
(u) Wheelbase (L) means the
longitudinal distance from the center of
the front axle to the center of the rear
axle.
(v) Wheel travel means the
displacement of a reference point on the
suspension (such as the wheel axle)
from when the suspension is fully
extended (no force applied) to when it
is fully compressed.
§ 1410.3
Requirements in general.
(a) Each ATV designed for use only by
a single rider, shall meet the equipment,
configuration and performance
requirements specified in subpart B of
this part. Each ATV designed for two
riders shall meet the equipment,
configuration and performance
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requirements specified in subpart D of
this part. All ATVs shall meet the
requirements for labeling, point of sale
information, instruction manuals, and
instructional training specified in
subpart C of this part and the
recordkeeping and certification
requirements specified in subpart E of
this part.
(b) Each ATV manufacturer shall
comply with the requirements of this
part applicable to manufacturers. For
purposes of this part, an ATV importer
is an ATV manufacturer.
(c) Each ATV retailer shall comply
with the requirements of this part
applicable to retailers.
(d) In accordance with 16 CFR part
1307, any three-wheeled all terrain
vehicle as defined in § 1410.2(r) which
is manufactured or imported on or after
[180 days after final rule is issued] is a
banned hazardous product.
§ 1410.4
Findings.
(a) General. In order to issue a
consumer product safety standard under
the Consumer Product Safety Act, the
Commission must make certain findings
and include them in the rule. 15 U.S.C.
2058(f)(3). These findings are discussed
in this section.
(b) Degree and nature of the risk of
injury. According to the Commission’s
2004 Annual Report on ATVs, the
Commission has reports of 6,494 ATVrelated deaths that have occurred since
1982. For 2003 alone, an estimated 740
ATV-related deaths were reported to the
Commission. The estimated number of
ATV-related injuries treated in hospital
emergency rooms in 2004 was 136,100,
which is an increase of about 8 percent
over the 2003 estimate. These incidents
occur when the operator of an ATV
loses control of the vehicle, collides
with another object, or otherwise
becomes injured or dies while riding an
ATV. Many incidents are related to
behavior of the operator (such as riding
on paved roads, carrying a passenger,
driving at excessive speeds).
(c) Number of consumer products
subject to the rule. The market has
increased substantially since ATVs were
first introduced over thirty years ago. In
2005, an estimated 6.9 million ATVs
were in use.
(d) The need of the public for ATVs
and the effects of the rule on their
utility, cost and availability. The need of
the public for ATVs is both for
recreation and for work, particularly on
farms and ranches in rural areas. The
proposed rule will have minimal effect
on the utility, cost and availability of
ATVs. The mechanical provisions of the
proposed rule are substantially similar
to requirements of the voluntary
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standard with which the major ATV
manufacturers comply. Costs should be
small because the information
provisions of the proposed rule are also
currently being followed by the major
ATV manufacturers. With the exception
of the ban of three-wheeled ATVs, the
proposed rule should not affect the
availability of ATVs. In fact, a greater
variety of youth ATVs may become
more available.
(e) Other means to achieve the
objective of the rule while minimizing
the impact on competition and
manufacturing. Because most ATV
manufacturers are currently complying
with the ANSI/SVIA–1–2001 voluntary
standard and are providing the
information materials the proposed rule
requires, the Commission does not
believe that the proposed rule will have
much effect on competition and
manufacturing. It is likely, however,
that newer entrants may need to take
action to bring their ATVs into
compliance with the proposed rule.
This could have the effect of increasing
the price for the newer entrants’’
imported ATVs. In the future, this could
reduce the number of new entrants
coming into the ATV market.
(f) Unreasonable risk. As noted in
paragraph (b) of this section, the
Commission has reports of 6,494 ATVrelated deaths that have occurred since
1982, and an estimated 740 ATV-related
deaths were reported to the Commission
for 2003 alone. The proposed rules will
establish mechanical standards for
ATVs and requirements for the
provision of safety information about
operating ATVs. Included in this will be
a requirement for manufacturers to
provide free training. Many ATV
manufacturers are currently in
compliance with many of the proposed
requirements. However, some of the
additional requirements (such as
requiring the age acknowledgment form
and training acknowledgment form) or
requirements that are somewhat
different from current practice (such as
clearer warning statements) may better
inform consumers of ATV-related risks
who may then be better able to reduce
or avoid these risks. Moreover, the
mandatory requirements will cover the
increasing number of new entrants into
the ATV market who are not following
current voluntary standards or other
safety practices that the major
manufacturers are voluntarily following.
This will reduce the risk of injury in the
future as more such new entrants may
enter the market.
(g) Public interest. These rules are in
the public interest because they may
reduce ATV-related deaths and injuries
in the future. Their mandatory nature
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will mean that all ATV manufacturers
will have to comply with the
mechanical and information
requirements of the rules. The
increasing number of new entrants will
make it difficult to maintain voluntary
agreements with manufacturers. By
issuing mandatory requirements, the
Commission will have the authority to
enforce these requirements rather than
relying on voluntary compliance.
(h) Voluntary standards. The current
voluntary standard, ANSI/SVIA–1–
2001, specifies requirements for the
mechanical operation of single rider
ATVs (both for adult and youth ATVs).
Manufacturers will be working to
incorporate requirements for tandem
ATVs into the voluntary standard. The
major manufacturers appear to comply
with most provisions of the voluntary
standard. The voluntary standard does
not contain information requirements
for such things as warning labels,
owners manuals and training. Thus,
compliance with the voluntary standard
alone would not be adequate to
eliminate the risk of injury. Many ATV
incidents occur because of the way the
ATV is used. The Commission cannot
issue requirements for how a product
should be used (e.g., requiring helmets,
prohibiting children from riding adult
ATVs). To affect these behaviors the
Commission must act through
requirements directing manufacturers
and retailers to take actions that inform
consumers of the risks associated with
ATVs and advise consumers how they
could reduce these risks. Although the
major manufacturers have agreed to take
many of the informational actions
proposed in the rules through the
Letters of Undertaking (‘‘LOUs’’) that
they have entered into with the
Commission, the LOUs are completely
voluntary, and a company could decide
to change any of the actions it has
agreed to at any time. Although the
major manufacturers appear to be
complying with the voluntary standard
and abiding by their LOUs, a growing
portion of the ATV market may not be
following the voluntary standard (and is
not bound by the LOUs). These new
entrants now comprise approximately
10 percent of the market. Given recent
trends and the lower price of the new
entrants’’ products, their share of the
market is likely to increase. Thus, the
Commission finds that compliance with
the ANSI/SVIA–1–2001 voluntary
standard is not likely to eliminate or
adequately reduce the risk of injury
associated with ATVs, and it is unlikely
that there will be substantial
compliance with the voluntary
standard.
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(i) Relationship of benefits to costs.
Because most manufacturers are
currently taking most of the actions that
the proposed rules would require, costs
from the proposed rules are likely to be
small. The initial potential reduction of
ATV-related deaths and injuries may
also be small. However, mandating the
mechanical and information
requirements will mean that new
entrants to the market, a group that has
recently been increasing, will have to
comply with the requirements as well.
The proposed rule would impose some
testing and recordkeeping costs. The
staff estimates these to be about
$462,000 annually. For many of the
provisions, it is difficult to quantify
benefits. However, for the training
requirement alone, the Commission
estimates the proposed provision could
result in a net benefit of about $3.3
million annually. Given that in 2004 an
estimated 136,000 ATV-related injuries
were treated in hospital emergency
rooms, and that an estimated 6,494
ATV-related deaths have occurred since
1982, if the proposed rule affects even
a small number of potential deaths and
injuries, the benefits would bear a
reasonable relationship to the costs.
(j) Least burdensome requirement.
The proposed rule is likely to impose
only a small burden on ATV
manufacturers and retailers. The
Commission is essentially mandating
the current practice that many
manufacturers are following.
Nevertheless, the proposed rule is likely
to reduce the risk of injury associated
with ATVs because it will enable the
Commission to directly enforce the
provisions of the rule and will bring
new entrants under federal regulation.
Subpart B—Requirements for
Equipment, Configuration and
Performance for Single Rider ATVs
§ 1410.5 Equipment and configuration
requirements.
(a) Service brakes. All ATVs shall
have either independently-operated
front and rear brakes, or front and rear
brakes that are operated by a single
control, or both. These brakes shall meet
the requirements of § 1410.7.
(b) Parking brake. All ATVs shall
have a parking brake capable of holding
the ATV stationary under prescribed
conditions. The parking brake shall
meet the performance requirements of
§ 1410.8.
(c) Mechanical suspension. All ATVs
shall have mechanical suspension for all
wheels. Each wheel shall have a
minimum wheel travel of 50 mm (2
inches). Springing and damping
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properties shall be provided by
components other than the tire.
(d) Engine stop switch. All ATVs shall
have an engine stop switch which is
operable by the thumb without
removing the hand from the handlebar.
The engine stop switch shall not require
the operator to hold it in the off position
to stop the engine.
(e) Manual clutch control. All ATVs
equipped with a manual clutch shall
have a clutch lever which is operable
without removing the hand from the
handlebar.
(f) Throttle control. All ATVs shall be
equipped with a means of controlling
engine power through a throttle control.
The throttle control shall be operable
without removing the hand from the
handlebar. The throttle control shall be
self-closing to an idle position upon
release of the operator’s hand from the
control.
(g) Drivetrain controls. (1) Manual
transmission gearshift control. All ATVs
equipped with a manual transmission
gearshift control shall have the control
located so that it is operable by the
operator’s left foot or left hand.
(i) Operation of a foot gearshift
control. If equipped with a foot gearshift
control, an upward motion of the
operator’s toe shall shift the
transmission toward higher (lower
numerical gear ratio) gears, and a
downward motion toward lower gears.
If equipped with a heel-toe (rocker)
shifter, an upward motion of the toe or
a downward motion of the heel shall
shift the transmission toward higher
gears and a downward motion of the toe
toward lower gears.
(ii) Operation of a hand gearshift
control. If equipped with a hand
gearshift control, moving a control
upward or depressing the upper portion
of the control shall shift the
transmission toward higher (lower
numerical gear ratio) gears, and moving
the control downward or depressing the
lower portion of the control shall shift
the transmission toward lower gears.
(iii) Gear selection. If three or more
gears are provided, it shall not be
possible to shift from the highest gear
directly to the lowest gear, or vice versa.
(2) Directional/Range controls.
Controls for selecting forward, neutral,
or reverse or for selecting overall
transmission ranges, or for selecting the
differential drive (2-wheel or 4-wheel)
shall have a defined shift pattern
viewable by the operator.
(3) Neutral indicator. All ATVs with
a neutral position shall have either a
neutral indicator readily visible to the
operator when seated on the ATV or a
means to prevent starting of the ATV
unless the transmission is in the neutral
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position. The indicator, if provided,
shall be activated whenever the ignition
system is on and the transmission is in
neutral.
(4) Reverse indicator. All ATVs with
a reverse position shall have a reverse
indicator readily visible to the operator
when the operator is seated on the ATV.
The indicator shall be activated
whenever the engine is running and the
transmission is in reverse.
(5) Electric start interlock. An
interlock shall be provided to prevent
the ATV engine from being started by
electric cranking unless the
transmission is in neutral or park, or the
brake is applied.
(h) All ATVs shall have a means for
allowing the presence of the ATV to be
visible during daylight hours over an
obstacle with a height of six (6) feet
located directly adjacent to the ATV.
(i) Manual fuel shutoff control. If an
ATV is equipped with a manual fuel
shutoff control, the device shall be
operable as prescribed in 49 CFR
571.123, Table 1.
(j) Handlebars. The handlebar and its
mounting shall present no rigid
materials with an edge radius of less
than 3.2 mm (0.125 inch) that may be
contacted by a probe in the form of a
165 mm (6.5 inch) diameter sphere. The
probe shall be introduced to the
handlebar mounting area. It shall not be
possible to touch any part of any edge
that has a radius of less than 3.2 mm
(0.125 inch) with any part of the probe.
A handlebar crossbar, if provided, shall
be equipped to minimize contact
injuries.
(k) Operator foot environment. All
ATVs shall have a structure or other
design feature which meets the
requirements of paragraphs (k)(1)
through (4) of this section.
(1) Test procedure. Compliance shall
be determined by introduction of a
probe, whose end is a rigid flat plane
surface 75 mm (3 inches) in diameter, in
the prescribed direction to the zones as
described in paragraphs (k)(2) and (3) of
this section and as shown in Figures 1
and 2 of this part, or in the case of a
tandem ATV, Figures 5 and 6 of this
part.
(i) Inserting probe vertically and
downward. The probe shall be
introduced end-first in a vertical and
downward direction to the zone
described in paragraph (k)(2) of this
section and shown by the shaded
portion of Figure 1 of this part, or in the
case of a tandem ATV, the shaded
portion of Figure 5. The end of the
probe in its entirety shall remain within
the limits of the zone. It shall not
penetrate the zone sufficiently to touch
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the ground when applied with a force of
445 N (100 lbf).
(ii) Inserting probe horizontally and
rearward. The probe shall be introduced
end-first in a horizontal and rearward
direction to the zone described in
paragraph (k)(3) of this section and
shown by the shaded portion of Figure
2 of this part, or in the case of a tandem
ATV, the shaded portion of Figure 6 of
this part. The end of the probe in its
entirety shall remain within the limits
of the zone. It shall not penetrate the
zone sufficiently to touch the rear tire
when applied with a force of 90 N (20
lbf).
(2) Boundaries of zone in Figure 1 of
this part. The zone shown in Figure 1
of this part, or in the case of a tandem
ATV, Figure 5 of this part, is defined as
bounded by:
(i) The vertical projection of the rear
edge of the footrest.
(ii) The vertical plane (line AA)
parallel to the ATV’s longitudinal plane
of symmetry that passes through the
inside edge of the footrest.
(iii) The vertical projection of the
intersection of a horizontal plane
passing through the top surface of the
footrest and the rear fender or other
structure.
(iv) The vertical plane passing
through point D and tangent to the outer
front surface of the rear tire.
(A) For footpegs point D is defined as
the intersection of the lateral projection
of the rearmost point of the footpeg and
the longitudinal projection of the
outermost point of the footpeg.
(B) For footboards point D is defined
as the intersection of 2 lines. The first
is a line perpendicular to the vehicle
longitudinal plane of symmetry and
one-third of the distance from the front
edge of the rear tire to the rear edge of
the front tire. The second is a line
parallel to the ATV’s longitudinal plane
of symmetry and one-half the distance
between the inside edge of the footboard
and the outside surface of the rear tire.
(3) Boundaries of zone in Figure 2 of
this part. The zone shown in Figure 2
of this part is defined as bounded by:
(i) The horizontal plane passing
through the lowest surface of the
footrest on which the operator’s foot
(boot) rests (plane F), or in the case of
a tandem ATV, the passenger’s foot
(boot) rests (Plane G, Figure 6 of this
part).
(ii) The vertical plane (line AA)
parallel to the ATV’s longitudinal plane
of symmetry that passes through the
inside edge of the footrest.
(iii) The horizontal plane 100 mm (4
inches) above plane F, or in the case of
a tandem ATV, plane G, Figure 6 of this
part.
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(iv) The vertical plane (line BB)
parallel to the ATV’s longitudinal plane
of symmetry and 50 mm (2 inches)
inboard of the outer surface of the rear
tire.
(4) Requirements for ATVs with nonfixed structure. All ATVs equipped with
a non-fixed type (for example, foldable,
removable or retractable) structure
intended to meet the requirements of
this paragraph (k) shall be equipped
with one or more of the following:
(i) A warning device (for example, a
buzzer or indicator) to indicate that the
structure is not in the position needed
to comply with the requirements of this
paragraph (k).
(ii) A device to prevent the ATV from
being operated under its own power if
the structure is not in the position
needed to comply with the requirements
of this paragraph (k).
(iii) A structure that can be folded,
retracted, or removed, such that when
the structure is folded, retracted, or
removed, the ATV cannot be operated
using the footrest in the normal manner.
(l) Lighting equipment—(1)
Requirement. All ATVs shall have at
least one headlamp projecting a white
light to the front of the ATV, at least one
tail lamp projecting a red light to the
rear, and at least one stop lamp or
combination tail/stop lamp. The stop
lamp shall be illuminated by the
actuation of any service brake control.
(2) Specifications. Headlamps shall
conform to Surface Vehicle
Recommended Practice, All Terrain
Vehicle Headlamps, SAE J1623 FEB94;
and tail lamps shall conform to Surface
Vehicle Standard, Tail Lamps (Rear
Position Lamps) for Use on Motor
Vehicles Less than 2032 mm in Overall
Width, SAE J585 MAR00. Stop lamps
shall conform to Surface Vehicle
Standard, Stop Lamps for Use on Motor
Vehicles Less than 2032 mm in Overall
Width, SAE J586 MAR00 or Surface
Vehicle Recommended Practice,
Snowmobile Stop Lamp, SAE J278
MAY95.
(m) Spark arrester. All ATVs shall
have a spark arrester of a type that is
qualified according to the United States
Department of Agriculture Forest
Service Standard for Spark Arresters for
Internal Combustion Engines, 5100–l c,
September 1997 or, Surface Vehicle
Recommended Practice, Spark Arrester
Test Procedure for Medium Size
Engines, SAE J350 JAN91.
(n) Tire marking. All ATV tires shall
carry the following markings:
(1) Inflation pressure. Both tire
sidewalls shall he marked with the
operating pressure or the following
statement, or an equivalent message:
‘‘SEE VEHICLE LABEL OR OWNER’S
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MANUAL FOR OPERATING
PRESSURE.’’ The messages required by
this paragraph shall be in capital letters
not less than 4 mm (0.156 inch) in
height.
(2) Bead seating pressure. Both tire
sidewalls shall be marked with the
following statement, or an equivalent
message: ‘‘Do Not Inflate Beyond **psi
(**kPa) When Seating Bead.’’
(3) Other Markings. Both tire
sidewalls shall have the following
information:
(i) The manufacturer’s name or brand
name.
(ii) On one tire sidewall, the threedigit week and year of manufacture in
the form prescribed at 49 CFR 574.5(d),
fourth grouping.
(iii) The size nomenclature of the tire
(for example, AT 22 × 10¥9*) as
standardized by the Tire and Rim
Association, Inc. or the Japan
Automobile Tire Manufacturers
Association, Inc.
(iv) The word ‘‘tubeless’’ for a
tubeless tire.
(v) The phrase ‘‘Not For Highway
Use’’ or ‘‘Not For Highway Service.’’
(4) Letter sizes. The information
required by paragraphs (n)(2) and (3) of
this section shall be in letters or
numerals no less than 2 mm (.078 inch)
in height.
(o) Tire pressure. All ATVs shall be
provided with a means to verify that the
pressures within each tire are within the
recommended range(s).
(p) Security. All ATVs shall have a
means to deter unauthorized use of the
ATV.
(q) Vehicle Identification Number
(VIN) or Product Identification Number
(PIN). Each ATV shall have prominently
displayed on the ATV a unique VIN
assigned by its manufacturer in
accordance with 49 CFR Part 565 or a
unique PIN in accordance with
Recreation Off-Road Vehicle Product
Identification Numbering System, SAE
International Consortium Standard,
ICS–1000, issued 2004–9. If the ATV
has a VIN number, the characters in
location 4 and 5 of the number shall be
‘‘A’’ and ‘‘T’’, respectively. The VIN or
PIN label shall meet the durability
requirements, including exposure
conditions for outdoor use, of UL
Standard for Safety for Marking and
Labeling Systems, Underwriters
Laboratories Standard UL 969, fourth
edition, October 3, 1995.
§ 1410.6
Maximum speed capability test.
(a) Test conditions. Test conditions
shall be as follows:
(1) ATV test weight shall be the
unloaded ATV weight plus the vehicle
load capacity (including test operator
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and instrumentation), with any added
weight secured to the seat or cargo
area(s) if so equipped.
(2) Tires shall be inflated to the
pressures recommended by the ATV
manufacturer for the vehicle’s test
weight.
(3) The test surface shall be clean, dry,
smooth and level concrete, or
equivalent.
(b) Test procedure. Measure the
maximum speed capability of the ATV
using a radar gun or equivalent method.
The test operator shall accelerate the
ATV until maximum speed is reached,
and shall maintain maximum speed for
at least 30.5 m (100 ft). Speed
measurement shall be made when the
ATV has reached a stabilized maximum
speed. A maximum speed test shall
consist of a minimum of two
measurement test runs conducted over
the same track, one each in opposite
directions. If more than two
measurement runs are made there shall
be an equal number of runs in each
direction. The maximum speed
capability of the ATV shall be the
arithmetic average of the measurements
made. A reasonable number of
preliminary runs may be made prior to
conducting a recorded test.
§ 1410.7
Service brake performance test.
(a) Test conditions. Test conditions
shall be as follows.
(1) The ATV shall be tested at the
appropriate test weight prescribed in
this paragraph (a)(1). The ATV test
weight shall be the unloaded vehicle
weight plus the vehicle load capacity
(including test operator and
instrumentation) with any added weight
secured to the seat or cargo area(s) (if
equipped).
(2) Tires shall be inflated to the
pressures recommended by the ATV
manufacturer for the vehicle test weight.
(3) Engine idle speed and ignition
timing shall be set according to the
manufacturer’s recommendations.
(4) Ambient temperature shall be
between 0°C (32°F) and 38°C (100° F).
(5) The test surface shall be clean, dry,
smooth and level concrete, or
equivalent.
(6) Any removable speed limiting
devices shall be removed and any
adjustable speed limiting devices shall
be adjusted to provide the ATV’s
maximum speed capability.
(b) Test procedure. The test procedure
shall be as follows:
(1) Measure the maximum speed
capability of the ATV in accordance
with § 1410.6. Determine the braking
test speed (V). The braking test speed is
the speed that is the multiple of 8 km/
h (5 mph), which is 6 km/h (4 mph) to
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13 km/h (8 mph) less than the
maximum speed capability of the ATV.
(2) Burnish the front and rear brakes
by making 200 stops from the braking
test speed. Stops shall be made by
applying front and rear service brakes
simultaneously, and braking
decelerations shall be from 1.96 m/s2 to
4.90 m/s2 (0.2 g to 0.5 g).
(3) After burnishing, adjust the brakes
according to the manufacturer’s
recommendation.
(4) Make six stops from the braking
test speed. Stops shall be made by
applying the front and rear service
brakes simultaneously, and braking
decelerations shall be from 1.96 m/s2 to
4.90 m/s2 (0.2 g to 0.5 g).
(5) Make four stops from the braking
test speed, applying the front and rear
service brakes. Measure the speed
immediately before the service brakes
are applied. Appropriate markers or
instrumentation shall be used which
will accurately indicate the point of
brake application. Measure the stopping
distance (S).
(i) Hand lever brake actuation force
shall be not less than 22 N (5 lbf) and
not more than 133 N (30 lbf) and foot
pedal brake actuation force shall be not
less than 44 N (10 lbf) and not more
than 222 N (50 lbf).
(ii) The point of initial application of
lever force shall be 25 mm (1.0 in.) from
the end of the brake lever. The direction
of lever force application shall be
perpendicular to the handle grip in the
plane in which the brake lever rotates.
The point of application of pedal force
shall be the center of the foot contact
pad of the brake pedal, and the direction
of force application shall be
perpendicular to the foot contact pad
and in the plane in which the brake
pedal rotates.
(c) Performance requirements. (1) For
ATVs with maximum speed capability
of 29 km/h (18 mph) or less, at least one
of the four stops required by paragraph
(b)(5) of this section shall comply with
the relationship:
S ≤ V/5.28
Where:
S = brake stopping distance (m)
V = braking test speed (km/hr)
S≤V
Where:
S = brake stopping distance (ft)
V = braking test speed (mph)
(2) For ATVs with maximum speed
capability of greater than 29 km/h (18
mph), at least one of the four stops
required by paragraph (b)(5) of this
section shall have an average braking
deceleration of 5.88 m/s2 (0.6 g) or
greater. Average braking deceleration
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can be determined according to the
following formulae: 1
a = V2/25.92S
Where:
a = average deceleration (m/s2)
S = brake stopping distance (m)
V = braking test speed (km/h)
a = [(.033) × V2]/S
Where:
a = average deceleration (g)
S = brake stopping distance (ft)
V = braking test speed (mph)
§ 1410.8
Parking brake performance test.
(a) Test conditions. Test conditions
shall be as follows:
(1) ATV test weight shall be the
unloaded ATV weight plus weight
secured to the seat or cargo area(s) (if
equipped), which is equal to the
manufacturer’s stated vehicle load
capacity.
(2) Tires shall be inflated to the
pressures recommended by the ATV
manufacturer for the vehicle test weight.
(3) The test surface shall be clean, dry,
smooth concrete or equivalent, having a
30 percent grade.
(b) Test procedure. The test procedure
shall be as follows:
(1) Burnish the service brakes
according to the procedure specified in
§ 1410.7(b)(2) if service brakes are used
as part of the parking brake.
(2) Adjust the parking brake according
to the procedure recommended by the
ATV manufacturer.
(3) Position the ATV facing downhill
on the test surface, with the longitudinal
axis of the ATV in the direction of the
grade. Apply the parking brake and
place the transmission in neutral and
leave the ATV undisturbed for 5
minutes. Repeat the test with the ATV
positioned facing uphill on the test
surface.
(c) Performance requirements. When
tested according to the procedure
specified in paragraph (b) of this
section, the parking brake shall be
capable of holding the ATV stationary
on the test surface, to the limit of
traction of the tires on the braked
wheels, for 5 minutes in both uphill and
downhill directions.
§ 1410.9
Pitch stability requirements.
(a) Test conditions. Test conditions
shall be as follows:
(1) The ATV shall be in standard
condition, without accessories. The
ATV and components shall be
assembled and adjusted according to the
manufacturer’s instructions and
specifications.
(2) Tires shall be inflated to the ATV
manufacturer’s recommended settings
1 Direct on-board instrumentation may be used to
acquire any measurement data.
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for normal operation. If more than one
pressure is specified, the highest value
shall be used.
(3) All fluids shall be full (oil, coolant,
and the like), except that fuel shall be
not less than three-fourths full. ATV
shall be unladen, with no rider, cargo,
or accessories.
(4) Steerable wheels shall be held in
the straight ahead position.
(5) Adjustable suspension
components shall be set to the values
specified at the point of delivery to the
dealer.
(6) Suspension components shall be
fixed by means of a locking procedure
such that they remain in the same
position and displacement as when the
unladen ATV is on level ground, and in
the conditions specified in paragraphs
(a)(1) through (5) of this section.
(b) Test procedure. The test procedure
shall be as follows:
(1) Calculations based on vehicle
metrics:
(i) Measure and record the wheelbase
(L). The measurement of this length
shall be done with an accuracy of ± 5
mm (± 0.2 inch) or ± 0.5%, whichever
is greater.
(ii) Measure and record the front and
rear weights, (Wf and Wr, respectively).
Wf is the sum of the front tire loads; and
Wr is the sum of the rear tire loads with
the ATV level and in the condition
specified in subsection (a) of this
section. The measurements of these
weights shall be done with an accuracy
of ± 0.5 kg (± 1.1 lb) or ± 0.5%,
whichever is greater.
(iii) Using the values obtained in
paragraphs (b)(1)(i) and (ii) of this
section, compute and record the
quantity as follows: L1 = (Wf/( Wf + Wr))
x L.
(iv) Measure and record the vertical
height between the rear axle center and
the ground (Rr). This measurement shall
be done on level ground, with the ATV
in the conditions specified in subsection
(a) of this section, with an accuracy of
± 3 mm (± 0.1 inch) or ± 1.5%,
whichever is greater.
(v) Measure and record the balancing
angle alpha. The procedure for
obtaining this value is as follows: with
the ATV on a level surface, the front of
the vehicle shall be rotated upward
about the rear axle without setting the
rear parking brake or using stops of any
kind, until the ATV is balanced on the
rear tires. The balancing angle alpha
through which the ATV is rotated shall
be measured and recorded with an
accuracy of ± 0.5 degrees. If an assembly
protruding from the rear of the ATV,
such as a carry bar or trailer hitch or
hook, interferes with the ground surface,
so as to not allow a balance to be
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reached, the vehicle shall be placed on
blocks of sufficient height to eliminate
the interference.
(vi) Repeat the measurement in
paragraph (b)(1)(v) of this section and
determine if the two individual
measurements are within 1.0 degree of
each other. If they are not, repeat the
measurements two more times and
compute the average of the four
individual measurements, and use that
as the value.
(2) Tilt table procedure. The ATV
shall be placed on a variable slope
single-plane tilt table. The steerable
wheels shall be straight forward. The
ATV shall be positioned on the tilt table
with its longitudinal center line
perpendicular to the tilt axis of the table
and its rear positioned downhill. The
table shall be tilted until lift-off of the
upper tire(s) occurs. Measure the angle
at which lift-off of the upper wheel(s)
occurs. Lift-off shall have occurred
when a strip of 20-gauge steel
[approximately 1 mm (.039 inch) thick],
76 mm (3 inch) minimum width, can be
pulled from or moved under the second
uphill tire to lift with a force of 9 N (2
lb) or less.
(c) Performance requirements—(1)
Computation from vehicle metrics.
Using the values obtained in paragraphs
(b)(1)(iii), (b)(1)(iv), and (b)(1)(vi) of this
section, compute the pitch stability
coefficient as follows: Kp = (L1 tan
alpha)/(L1 + Rr tan alpha).
(2) Computation from tilt table. The
pitch stability coefficient Kp is the
tangent of the tilt table angle.
(3) Requirement. The pitch stability
coefficient Kp calculated according to
paragraph (c)(2) of this section shall be
at least 1.0.
Subpart C—Requirements for
Labeling, Point of Sale Information and
Instruction
§ 1410.10
Labeling requirements.
rwilkins on PROD1PC61 with PROPOSALS2
(a) General warning label. (1) Each
ATV shall have affixed to it a general
warning label in English that meets the
requirements of this section.
(2) Content. The general warning label
shall display the safety alert symbol and
the word ‘‘WARNING’’ in capital letters.
The label shall contain the following,
or substantially equivalent, statements.
They may be arranged on the label to
place the prohibited actions together
and the required actions together.
‘‘THIS VEHICLE CAN BE HAZARDOUS
TO OPERATE. A collision or rollover can
occur quickly, even during routine
maneuvers such as turning and driving on
hills or over obstacles, if you fail to take
proper precautions.’’
‘‘SEVERE INJURY OR DEATH can result if
you do not follow these instructions:’’
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‘‘BEFORE YOU OPERATE THIS ATV,
READ THE OWNER’S MANUAL AND ALL
LABELS.’’
‘‘NEVER OPERATE THIS ATV WITHOUT
PROPER INSTRUCTION. Beginners should
complete a training course.’’
‘‘NEVER CARRY A PASSENGER ON THIS
ATV. You increase your risk of losing control
if you carry a passenger.’’
‘‘NEVER OPERATE THIS ATV ON PAVED
SURFACES. You increase your risk of losing
control if you operate this ATV on
pavement.’’
‘‘NEVER OPERATE THIS ATV ON PUBLIC
ROADS. You can collide with another
vehicle if you operate this ATV on a public
road.’’
‘‘ALWAYS WEAR AN APPROVED
MOTORCYCLE HELMET, eye protection, and
protective clothing.’’
‘‘NEVER CONSUME ALCOHOL OR
DRUGS before or while operating this ATV.’’
‘‘NEVER OPERATE THIS ATV AT
EXCESSIVE SPEEDS. You increase your risk
of lowing control if you operate this ATV at
speeds too fast for the terrain, visibility
conditions, or your experience.’’
‘‘NEVER ATTEMPT WHEELIES, JUMPS,
OR OTHER STUNTS.’’
(3) Format. The color scheme,
typeface and formatting of the label
shall be consistent with ANSI Z535.4
(American National Standard for
Product Safety Signs and Labels (2002).
(4) Location. This label shall be
affixed to the left front fender so it is
easily visible in its entirety to the
operator when seated on the vehicle in
the proper operating position. If this
location is not available for a particular
ATV, the label shall be affixed to the
right front fender so as to be easily read
by the operator when seated in the ATV
in the proper operating position.
(b) Age recommendation warning
label. (1) Each ATV shall have affixed
an age recommendation warning label
in English that meets the requirements
of this section.
(2) Content. The age recommendation
warning label shall display the safety
alert symbol and the word ‘‘WARNING’’
in capital letters. The label shall have a
circle with a slash through it with the
words ‘‘under 16’’ inside the circle.
Below the circle, the label shall contain
the following, or substantially
equivalent, statements:
‘‘Even youth with ATV experience have
immature judgment and should never drive
an adult ATV.
Letting children under the age of 16
operate this ATV increases their risk of
severe injury or death.
NEVER let children under age 16 operate
this ATV.’’
(3) Format. The color scheme,
typeface and formatting of the label
shall be consistent with ANSI Z535.4
(2002).
(4) Location. This label shall be
affixed to the fuel tank so it is visible
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in its entirety to the operator when
seated on the vehicle in the proper
operating position. If this location is not
available for a particular ATV, or, if
affixed at this location the label will not
meet the durability requirement of
paragraph (e) of this section, the label
shall be placed on the front fender
above the label required by paragraph
(a) of this section so that it is visible in
its entirety to the operator. If this
location is not available for a particular
ATV, the label shall be placed on the
vehicle body immediately forward of
the seat so it is visible in its entirety to
the operator when seated on the vehicle
in the proper operating position.
(c) Passenger warning label. (1) Each
ATV shall have affixed a passenger
warning label in English that meets the
requirements of this section.
(2) Content. The passenger warning
label shall display the safety alert
symbol and the word ‘‘WARNING’’ in
capital letters. The label shall contain
the following, or substantially
equivalent, statements:
‘‘Passengers can affect ATV balance and
steering. The resulting loss of control can
cause SEVERE INJURY or DEATH.
NEVER ride on this ATV as a passenger.’’
(3) Format. The color scheme,
typeface and formatting of the label
shall be consistent with ANSI Z535.4
(2002).
(4) Location. This label shall be
affixed either to a flat surface of the
vehicle body located to the rear of the
seat and toward the center of the
vehicle, or to the rear portion of the
vehicle seat itself. If neither of these
locations is available for a particular
vehicle, the label shall be affixed to the
left rear fender or the left side of the
body so as to be easily seen by a
potential passenger.
(d) Tire pressure and overload
warning label(s). (1) Each ATV shall
have affixed a label or labels in English
that meet the requirements of this
section warning against improper air
pressure in the ATV’s tires and against
overloading. Manufacturers may affix
one warning label addressing both
hazards.
(2) Content. The label(s) shall contain
the safety alert symbol and the signal
word ‘‘WARNING’’ in capital letters.
Every label warning about improper tire
pressure shall contain a statement
indicating the recommended tire
pressure, either on the label or by
reference to the owner’s manual and/or
the tires. Every label warning against
overloading shall contain a statement
indicating the maximum weight
capacity for the ATV model.
(i) If a manufacturer uses separate tire
pressure and overloading labels, the
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(c) Each hang tag shall be at least 4 by
6 inches.
label to warn of tire pressure shall
contain the following, or substantially
equivalent, statements:
—‘‘Improper tire pressure can cause loss of
control. Loss of control can result in severe
injury or death.’’
(ii) If a manufacturer uses separate tire
pressure and overloading labels, the
label to warn of overloading hazards
shall contain the following, or
substantially equivalent, statements:
—‘‘Overloading can cause loss of control.
Loss of control can result in severe injury or
death.’’
(iii) If a manufacturer uses one label
for both tire pressure and overloading
warnings, the label shall contain the
following, or substantially equivalent,
statements:
‘‘Improper tire pressure or overloading can
cause loss of control.
Loss of control can result in severe injury
or death.’’
(3) Format. The color scheme,
typeface and formatting of the label
shall be consistent with ANSI Z535.4
(2002).
(4) Location. The label(s) shall be
affixed to the left rear fender above the
axle, facing outward in such a position
that it (they) can be read by the operator
when mounting the vehicle.
(e) Label durability requirements.
Each label required or permitted by this
section shall meet the standards for
durability in UL Standard for Safety for
Marking and Labeling Systems,
Underwriters Laboratories Standard UL
969, fourth edition, October 3, 1995.
(f) Discretionary labels. Hazard labels
in addition to those specified in
paragraphs (a) through (d) of this section
may be affixed to the vehicle provided
that:
(1) The discretionary labels are
consistent with ANSI Z535.4 (2002);
and
(2) Discretionary labels shall be
affixed to ATVs in an appropriate
location that does not detract from the
mandatory labels required in paragraphs
(a) through (d) of this section.
rwilkins on PROD1PC61 with PROPOSALS2
§ 1410.11
Hangtag requirements.
(a) Each ATV shall be equipped at the
point of sale with a hang tag in English
that, at a minimum, contains:
(1) The contents of the general
warning label described in § 1410.10(a);
(2) The statement—‘‘This hang tag is
not to be removed before sale’’—; and
(3) The statement—‘‘Check with your
dealer to find out about state or local
laws regarding ATV operation.’’
(b) Each hang tag shall be attached to
the ATV in such a manner as to be
conspicuous and removable only with
deliberate effort.
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1410.12
Age acknowledgment.
(a) General. Prior to the sales
transaction, the retailer shall provide
the purchaser of each ATV with an age
acknowledgment in the form shown in
figure 3 of this part.
(b) Signature. Prior to the sales
transaction, the retailer shall require
that the purchaser of the ATV sign the
age acknowledgment representing that
the purchaser has read and understood
the age acknowledgment.
(c) Copies/retention. The retailer shall
provide the purchaser of the ATV and
the manufacturer of the ATV with a
copy of the signed age acknowledgment.
The retailer shall retain the signed
original of the age acknowledgment for
a minimum of five (5) years after the
date of the purchase of the ATV to
which it pertains. The manufacturer
shall retain the copy of the age
acknowledgment for a minimum of five
(5) years after the date of the purchase
of the ATV to which it pertains.
§ 1410.13
Instructional/Owner’s manual.
(a) General. (1) Each ATV shall be
provided at the point of sale with an
instructional/owner’s manual that meets
the requirements of this section. All
ATVs shall be equipped with a means
of carrying the manual that protects it
from destructive elements while
allowing reasonable access.
(2) Each manual shall be written in
English and shall be written and
designed in a manner reasonably
calculated to convey information
regarding safe operation and
maintenance of the vehicle to persons
who read such manual.
(3) Each manual shall be written in
plain, simple language so as to be
readily comprehended by the average
seventh grader, as measured by a
standard technique for assessing the
readability of written materials.
(4) Information in each manual shall
be presented in a meaningful sequence
designed to permit readers to
understand the information presented
and appreciate its significance.
(5) Each manual shall be consistent
with other safety messages required by
this part, including those contained in
warning labels, hang tags, and the safety
video.
(6) Each manufacturer shall retain a
copy of the manual for each model until
five years after the model has ceased to
be in production. The manufacturer
shall make the manual available to
CPSC upon request.
(b) Contents. Each manual shall
contain—
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45937
(1) A statement on the outside front
cover that, at a minimum, alerts the
reader that the manual contains
important safety information which
should be read carefully.
(2) A statement on the outside front
cover stating that the ATV is intended
for operators 16 years of age or older.
(3) Definitions for ‘‘warning’’ and
‘‘caution’’ that are consistent with, or in
any event not weaker than, the
definitions for those terms contained in
American National Standards Institute
(ANSI) standard Z535–2002, along with
an introductory statement alerting the
reader to the significance of the safety
alert symbol and the signal words.
(4) A reminder that the safety alert
symbol with the word ‘‘WARNING’’
indicates a potential hazard that could
result in serious injury or death. This
reminder shall be repeated immediately
preceding the table of contents, at the
beginning and end of the section
describing proper operating procedures,
on the last page before the outside back
cover (or on the inside back cover), and
a total of at least five (5) more times,
appropriately spaced, within sections
containing warnings.
(5) An introductory safety message
emphasizing the importance of reading
and understanding the manual prior to
operation of the ATV, the importance of
and availability of the instructional
training required by § 1410.15 of this
part, and the importance of the age
recommendation for the particular
model. This introductory message shall
contain, at a minimum, the following
statement:
‘‘Failure to follow the warnings contained
in this manual can result in SERIOUS
INJURY or DEATH’’
(6) An introductory notice stating, at
a minimum:
‘‘This ATV is not intended for children.
Children should only ride youth ATVs that
are specifically intended for children under
16 years of age.’’
(7) An introductory safety section
which, at a minimum, contains the
following safety messages in the form
shown:
‘‘AN ATV IS NOT A TOY AND CAN BE
HAZARDOUS TO OPERATE. An ATV
handles differently from other vehicles
including motorcycles and cars. A collision
or rollover can occur quickly, even during
routine maneuvers such as turning and
driving on hills or over obstacles, if you fail
to take proper precautions.
SEVERE INJURY OR DEATH can result if
you do not follow these instructions:
1. Read this manual and all labels carefully
and follow the operating procedures
described.
2. Never operate an ATV without proper
instruction. Take a training course. Contact
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an authorized ATV dealer to find out about
the training courses near you.
3. Never allow a child under 16 to operate
this ATV, which is not intended for operators
under 16 years of age.
4. Never carry a passenger on this ATV.
5. Never operate an ATV on any paved
surfaces, including sidewalks, driveways,
parking lots and streets.
6. Never operate an ATV on any public
street, road or highway, even a dirt or gravel
one.
7. Never operate an ATV without wearing
an approved helmet that fits properly. You
should also wear eye protection (goggles or
face shield), gloves, boots, long-sleeved shirt
or jacket, and long pants.
8. Never consume alcohol or drugs before
or while operating an ATV.
9. Never operate at excessive speeds.
Always go at a speed that is proper for the
terrain, visibility and operating conditions,
and your experience.
10. Never attempt wheelies, jumps, or
other stunts.
11. Always inspect your ATV each time
you use it to make sure it is in safe operating
condition. Always follow the inspection and
maintenance procedures and schedules
described in this manual.
12. Always keep both hands on the
handlebars and both feet on the footpegs of
the ATV during operation.
13. Always go slowly and be extra careful
when operating on unfamiliar terrain.
Always be alert to changing terrain
conditions when operating the ATV.
14. Never operate on excessively rough,
slippery or loose terrain until you have
learned and practiced the skills necessary to
control the ATV on such terrain. Always be
especially cautious on these kinds of terrain.
15. Always follow proper procedures for
turning as described in this manual. Practice
turning at low speeds before attempting to
turn at faster speeds. Do not turn at excessive
speed.
16. Never operate the ATV on hills too
steep for the ATV or for your abilities.
Practice on smaller hills before attempting
larger hills.
17. Always follow proper procedures for
climbing hills as described in this manual.
Check the terrain carefully before you start
up any hill. Never climb hills with
excessively slippery or loose surfaces. Shift
your weight forward. Never open the throttle
suddenly or make sudden gear changes.
Never go over the top of any hill at high
speed.
18. Always follow proper procedures for
going down hills and for braking on hills as
described in this manual. Check the terrain
carefully before you start down any hill. Shift
your weight backward. Never go down a hill
at high speed. Avoid going down a hill at an
angle that would cause the vehicle to lean
sharply to one side. Go straight down the hill
where possible.
19. Always follow proper procedures for
crossing the side of a hill as described in this
manual. Avoid hills with excessively
slippery or loose surfaces. Shift your weight
to the uphill side of the ATV. Never attempt
to turn the ATV around on any hill until you
have mastered the turning technique
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described in this manual on level ground.
Avoid crossing the side of a steep hill if
possible.
20. Always use proper procedures if you
stall or roll backwards when climbing a hill.
To avoid stalling, use proper gear and
maintain a steady speed when climbing a
hill. If you stall or roll backwards, follow the
special procedure for braking described in
this manual. Dismount on the uphill side or
to a side if pointed straight uphill. Turn the
ATV around and remount, following the
procedure described in this manual.
21. Always check for obstacles before
operating in a new area. Never attempt to
operate over large obstacles, such as large
rocks or fallen trees. Always follow proper
procedures when operating over obstacles as
described in this manual.
22. Always be careful when skidding or
sliding. Learn to safely control skidding or
sliding by practicing at low speeds and on
level, smooth terrain. On extremely slippery
surfaces, such as ice, go slowly and be very
cautious in order to reduce the chance of
skidding or sliding out of control.
23. Never operate an ATV in fast flowing
water or in water deeper than that specified
in this manual. Remember that wet brakes
may have reduced stopping ability. Test your
brakes after leaving water. If necessary, apply
them several times to let friction dry the
linings.
24. Always be sure there are no obstacles
or people behind you when you operate in
reverse. When it is safe to proceed in reverse,
go slowly.
25. Always use the size and type tires
specified in this manual. Always maintain
proper tire pressure as described in this
manual.
26. Never modify an ATV through
improper installation or use of accessories.
27. Never exceed the stated load capacity
for an ATV. Cargo should be properly
distributed and securely attached. Reduce
speed and follow instructions in the manual
for carrying cargo or pulling a trailer. Allow
greater distance for braking.
FOR MORE INFORMATION ABOUT ATV
SAFETY, visit the CPSC website at
www.cpsc.gov or call the Consumer Product
Safety Commission at 1–800–638–2772, or
[Insert contact number for manufacturer].’’
(8) An appropriate table of contents
identifying the major portions of the
manual.
(9) Descriptions of the location of
warning labels on the ATV and an
introductory statement emphasizing the
importance of understanding and
following the labels and the importance
of keeping the labels on the ATV. The
introductory statement shall also
contain instructions on how to obtain a
replacement label in the event any label
becomes difficult to read. These
instructions shall include a toll-free
telephone number that can be called to
obtain a replacement label.
(10) A telephone number or email
address for the owner of the ATV to
contact the manufacturer to report safety
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issues and/or seek information on the
proper, safe operation of the ATV.
(11) A description of pre-operating
inspection procedures and a statement
emphasizing the importance of these
procedures.
(12) A description of proper operating
procedures and of potential hazards
associated with improper operation of
the ATV. The section of each manual
devoted to describing proper operating
procedures shall include material
addressing in narrative text form and in
appropriate detail all of the topics
addressed in paragraph (b)(7) of this
section. Such narrative text shall
identify particular potential hazards
associated with the types of operation or
behavior in question, the possible
consequences of such operation or
behavior, and shall describe the manner
in which the vehicle should be properly
operated to avoid or reduce the risk
associated with such hazards. Such
narrative text shall include warning
statements and corresponding
illustrations in conformance with the
requirements of this section and
§ 1410.10 of this part. The language of
the narrative sections accompanying
each warning shall not contradict any
information contained in the warning
section and shall be written to draw
attention to the warning.
(13) Descriptions of proper
maintenance, storage, and
transportation procedures.
(14) On the outside back cover, the
contents of the general warning label
required by § 1410.10(a).
(c) Where a manual describes a
potential hazard that is not addressed in
this section, but which nevertheless
meets the definition of a potential
hazard for which a ‘‘warning’’ or
‘‘caution,’’ as these terms are defined in
ANSI Standard Z535.4–2002, is
appropriate, the discussion of that
potential hazard shall be accompanied
by a ‘‘warning’’ or ‘‘caution’’ statement
which conforms to the requirements of
ANSI Standard Z535.4–2002 and this
section.
§ 1410.14
Safety video.
(a) General. The retailer shall provide
the purchaser with a safety video at or
before the completion of the purchase
transaction. The safety video shall be
designed to communicate to an
audience consisting of prospective
purchasers and users, including
children between the ages of 9 and 16,
and their parents.
(b) Title. The title of the safety video
shall indicate that the video provides
safety information concerning ATV
operation.
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(c) Content. The safety video shall
communicate the following:
(1) The contents of the hang tag
described in § 1410.11;
(2) The concept that a person
operating an ATV should know his or
her limitations and not attempt to
perform any maneuver or traverse any
terrain if performing the maneuver or
operating on the terrain is beyond that
person’s capabilities and experience;
(3) The importance of practicing and
gradually progressing from basic to
more complex maneuvers; and
(4) The importance of keeping alert at
all times and the concept that even a
brief distraction can lead to loss of
control resulting in a severe or fatal
accident.
(5) ATV-related death and injury
statistics both for all riders and for
children under the age of 16. The video
may use rolling five-year averages, and
the statistics only need to be updated if
there is a statistically significant change
in either the death or injury statistics.
Such change shall be noted in the
subsequent video.
(d) Dramatization. All dramatizations
designed to communicate any of the
concepts set forth in the preceding
subsection shall be unambiguous. To
avoid ambiguity and ensure clarity,
dramatizations shall:
(1) In the case of dramatizations that
show an accident occurring, averted, or
about to occur, the video shall contain
no intervening events that detract from
communication of the hazard (for
example, the presence of an obstacle on
a paved surface when communicating
the hazard of operating on a paved
surface, or a person running in front of
an ATV when communicating the
hazard of carrying passengers); and
(2) In the case of dramatizations that
show either the conduct, terrain, or
maneuvers that a person should avoid,
or the conduct that a person should
observe, the video shall also
unequivocally state the relevant safety
message, either verbally by means of
lines spoken by a screen character or
narrator, in written form, or both.
(e) Format. The safety video shall be
made available in at least one
commonly used format, e.g., VHS or
DVD, and the purchaser shall be given
the option at no cost of procuring the
safety video in at least one format other
than the one originally supplied with
the ATV at the time of purchase.
(f) Retention. The manufacturer shall
retain a copy of the safety video until
five years after the model to which the
video applies ceases to be in
production. The manufacturer shall
make the video available to CPSC upon
request.
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1410.15
Instructional training.
(a) General. The manufacturer shall
provide to the purchaser at no charge a
training course for the purchaser and
each member of the purchaser’s
immediate family who meets or exceeds
the minimum age recommendation for
the ATV in question. The training
course shall be provided in the form of
one certificate valid for the purchaser
and each qualifying member of the
purchaser’s immediate family
redeemable at no cost for attendance at
a training course meeting the
requirements of this section.
(b) Form of certificate. Each certificate
shall identify the VIN or PIN number for
the ATV to which it pertains and shall
have no expiration date. In addition the
certificate shall include a toll-free
telephone number or other readily
useable means for the purchaser to
contact the training organization to
arrange for training.
(c) Retailer responsibility. The retailer
shall provide the certificate(s) to the
purchaser at the time of purchase and
shall obtain the purchaser’s signature on
the training acknowledgment form
shown in Figure 4 of this part. The
retailer shall retain the signed original
of the training availability form and
shall provide the purchaser and the
manufacturer of the ATV with a copy.
(d) Course content. The training
curriculum shall, at a minimum,
address the following:
(1) The risks of ATV-related deaths
and injuries (risk awareness).
(2) The role of safety equipment,
including identifying suitable
equipment, properly using equipment,
and understanding why it is used.
(3) Rider responsibilities, including:
(i) Why children/youths should not
ride adult ATVs;
(ii) Why all ATV users should take a
hands-on safety training course;
(iii) Why one should never ride a
youth ATV or non-tandem adult ATV
with a passenger or as a passenger;
(iv) Why one should never drive an
ATV on paved roads;
(v) Why one should always wear a
helmet and other protective gear while
on an ATV; and
(vi) Why one should never drive an
ATV while under the influence of
alcohol or drugs.
(4) Identifying displays and controls;
(5) Recognizing limitations, including
inclines and rider abilities;
(6) Evaluating a variety of situations
to predict proper course of action,
including terrain obstacles and behavior
of other riders;
(7) Demonstrating successful learning
of riding skills, including:
(i) Starting and stopping;
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(ii) Negotiating turns, including
gradual, sharp, and quick turns,
weaving, and evasive maneuvers;
(iii) Stopping in a turn;
(iv) Emergency braking while straight
and while turning.
(v) Negotiating full track and partial
track obstacles.
(vi) Negotiating hills, including
ascending, descending, traversing, and
emergency situations; and
(vii) Combining skills together in a
non-predictable manner (i.e. trail ride or
free riding period with instructor
supervision and critique).
(e) Course structure. The course shall
include classroom, field, and trail
activities.
(f) Course duration. The course
duration shall be sufficient to cover the
topics noted in this section, allow for
each student to individually master the
riding skills addressed in the course at
the level commensurate with the terrain
at the location of the course, and allow
for written and riding skills tests.
(g) Course accessibility. The course
shall be provided within a reasonable
time from the date of purchase of the
ATV and a reasonable distance from the
place of purchase of the ATV.
Subpart D—Requirements for Tandem
ATVs
§ 1410.16 Requirements in general for
tandem ATVs.
All tandem ATVs shall meet the
requirements stated in Subpart B and
Subpart C of this part except as
specified differently in this subpart D.
§ 1410.17 Equipment and configuration
requirements for tandem ATVs.
(a) Passenger environment. All
tandem ATVs shall have a passenger
backrest and handhold which meet the
following requirements:
(1) Passenger location and restraint.
The passenger seating area behind the
operator area shall be equipped with a
generally vertical cushioned passenger
backrest at the back of the seating area
that shall be capable of withstanding a
900 N (202 lb.) loading force applied
horizontally toward the rear at a height
above the seating area of at least 162 cm
(8 inches), without failure or permanent
deformation.
(2) Passenger handholds. Two
handholds shall be provided and be
located on each side of the passenger
seating area in a symmetrical manner.
These handholds must be able to
withstand, without failure or permanent
deformation, a vertical force of 1000 N
(224 lb.) applied statically to the center
of the surface of the handhold.
Handholds shall allow the passenger to
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dismount without interference from the
handholds.
(b) Operator and Passenger foot
environment. All two-person ATVs shall
have a foot support structure covered by
footboards and distinct foot pegs for the
operator and the passenger respectively.
The minimum projected horizontal
distance between the foot pegs shall be
230mm (9 inches) as measured on a line
parallel to the longitudinal axis of the
vehicle. When normally positioned on
the foot pegs, the operator and
passenger foot print must not overlap as
projected on a horizontal plane and the
passenger footprint must be contained
in the projected footboard area. The
operator and passenger foot
environment shall meet the
requirements in § 1410.5(k)(1) through
(3). See Figures 5 and 6 of this part.
(c) Mechanical suspension. All
tandem ATVs shall have mechanical
suspension for all wheels in addition to
what is provided by the tires. Each
wheel shall have a minimum travel of
102 mm (4 inches).
(d) Lighting equipment. Tandem
ATVs that are wider than 1500 mm shall
have at least two headlights and two tail
lamps.
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§ 1410.18 Pitch stability requirements for
tandem ATVs.
(a) Test conditions. Test conditions
shall be as follows:
(1) The ATV shall be in standard
condition, without accessories. The
ATV and components shall be
assembled and adjusted according to the
manufacturer’s instructions and
specifications.
(2) Tires shall be inflated to the
tandem ATV manufacturer’s highest
recommended pressure.
(3) All fluids shall be full (oil, coolant,
and the like), except that fuel shall be
not less than three-fourths full. ATV
shall be unladen, with no rider,
passenger, cargo, or accessories except
as noted per the following conditions.
(4) Steerable wheels shall be held in
the straight ahead position.
(5) Adjustable suspension
components shall be set to the highest
values recommended by the
manufacturer.
(6) A weight of 91 kg ± 3 (200 lb ± 7)
shall be securely fastened to the
passenger seat to simulate a passenger.
The center of gravity of the weight shall
be 15 cm ± 2 (6 inches ± 1) above the
passenger supporting surface and 25 cm
± 2 (10 inches ± 1) forward of the front
surface of the back rest. The back rest
shall be adjusted to its most rearward
position.
(7) A weight of 91 kg ± 3 (200 lb ± 7)
shall be securely fastened to the
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operation seat to simulate an operator.
The center of gravity of the weight shall
be 15 cm ± 2 (6 inches ± 1) above the
operator supporting surface and either
30 cm ± 2 (12 inches ± 1) ahead of the
passenger center of gravity.
(8) The area under the tires on the
table may be covered with 3⁄4″ No. 1
diamond shaped steel expanded metal
grid (or plate) or similar material to
engage tire tread and prevent tire
sliding.
(b) Test procedure. The tandem ATV
shall be placed on a variable slope
single-plane tilt table. The steerable
wheels shall be straight forward. The
ATV shall be positioned on the tilt table
with its longitudinal center line
perpendicular to the tilt axis of the table
and its rear positioned downhill. The
table shall be tilted until lift-off of the
upper wheels(s) occurs. Measure the
angle at which lift-off of the upper
wheel(s) occurs. Lift-off shall have
occurred when a strip of 20-gauge steel
[approximately 1 mm (.039 inch) thick],
76 mm (3 inch) minimum width, can be
pulled from or moved under the second
uphill tire to lift with a force of 9 N (2
lb) or less.
(c) Performance requirements. The
angle of the tilt table with the tandem
ATV positioned as described in 9.2.2
shall reach a minimum of 36 degrees
(73% slope) before lift-off occurs.
§ 1410.19 Information requirements for
tandem ATVs.
Each tandem ATV shall meet the
requirements of subpart C of this part,
with the following exceptions.
(a) Labeling—(1) General warning
label. The general warning label
required by § 1410.10(a) shall omit the
statement ‘‘NEVER CARRY A
PASSENGER. You increase your risk of
losing control if you carry a passenger.’’
(2) Passenger warning label. (i)
Content. Instead of the warning
statement specified in § 1410.10(c), the
passenger warning label shall state
‘‘NEVER CARRY MORE THAN 1
PASSENGER’’ in capital letters and
shall recommend the following hazardavoidance behaviors:
1. Never carry a passenger less than twelve
(12) years old or twelve years old or older
who is too small to firmly plant his/her feet
on the footrests and to securely grab the
handles;
2. Never allow a passenger to sit in a
location other than the passenger seat;
3. Never carry a passenger who is not
securely grasping the grip handles at all
times.
(ii) Location. The passenger warning
label shall be affixed to the front fender
of each tandem ATV so it is adjacent to
the general warning label and can be
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easily read by the operator when seated
on the ATV in the proper operating
position.
(b) Hangtags. The hangtag stating the
contents of the general warning label
shall meet the requirements of
§ 1410.11.
(c) Instructional/owner’s manuals.
Instead of instructing that operators
should never carry passengers on ATVs,
instructional/owner’s manuals shall
contain the following, or substantially
equivalent statement:
‘‘NEVER CARRY MORE THAN ONE
PASSENGER. This ATV has been designed
specifically to carry one passenger.’’
Subpart E—Certification/Testing/
Recordkeeping
§ 1410.20
Certification.
(a) At the location of the VIN or PIN
number, the following statement shall
be made: ‘‘The manufacturer certifies
that this ATV complies with all
applicable requirements of 16 C.F.R.
Part 1410.’’
(b) The VIN number or PIN number
and the compliance statement shall
meet the durability requirements of UL
Standard for Safety for Marking and
Labeling Systems, Underwriters
Laboratories Standard UL 969, fourth
edition, October 3, 1995.
§ 1410.21
Testing.
Each manufacturer of ATVs subject to
this part shall perform or cause to be
performed testing sufficient to
demonstrate on an objectively
reasonable basis that each ATV
produced by that manufacturer meets
the performance requirements of
§§ 1410.5 through 1410.9 of this part for
single rider ATVs and §§ 1410.16
through 1410.18 of this part for tandem
ATVs.
§ 1410.22
Recordkeeping.
(a) Manufacturer requirements. Each
manufacturer (the importer is
considered a manufacturer for purposes
of this part) of ATVs subject to this part
shall:
(1) Maintain records in English
sufficient to demonstrate on an
objectively reasonable basis that each
ATV produced by that manufacturer
complies with the requirements of this
part;
(2) Retain records required by this
part for a period of at least five (5) years
after production of the model of ATV to
which the records pertain ceases;
(3) Maintain records required by this
part at a location in the United States;
and
(4) Make records required by this part
available for inspection at the request of
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a duly authorized representative of the
U.S. Consumer Product Safety
Commission.
(b) Retailer requirements. Each
retailer of ATVs subject to this part
shall:
(1) Maintain the original of each age
acknowledgment required by § 1410.12
of this part and each acknowledgment of
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training availability required by
§ 1410.15 of this part for a period of at
least five (5) years after the date of
purchase of the ATV to which the
acknowledgments pertain;
(2) Maintain records required by this
section at a location in the United
States; and
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(3) Make records required by this
section available for inspection at the
request of a properly authorized
representative of the U.S. Consumer
Product Safety Commission.
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PART 1500—HAZARDOUS
SUBSTANCES AND ARTICLES;
ADMINISTRATION AND
ENFORCEMENT REGULATIONS
3. The authority for part 1500
continues to read as follows:
Authority: 15 U.S.C. 1261–1278.
4. Section 1500.18 is amended to add
a new paragraph (a)(20) to read as
follows:
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§ 1500.18 Banned toys and other banned
articles intended for use by children.
(a) * * *
(20)(i) Any three-wheeled youth all
terrain vehicle, as defined in § 1515.2(a)
that is manufactured or imported on or
after [180 days after issuance of final
rule] and
(ii) Any youth all terrain vehicle, as
defined in § 1515.2(a), that is
manufactured or imported on or after
[180 days after issuance of final rule]
and that does not meet the requirements
of Part 1515.
(iii) (A) Findings. In order for the
Commission to issue a rule under
section 2(q)(1) of the FHSA classifying
a substance or article as a banned
hazardous substance, the Commission
must make certain findings and include
these findings in the regulation. 15
U.S.C. 1262(i)(2). These findings are
discussed in paragraphs (a)(20)(iii)(B)
through (D) of this section.
(B) Voluntary standards. The current
voluntary standard, ANSI/SVIA–1–
2001, specifies requirements for the
mechanical operation of single rider
ATVs (both for adult and youth ATVs).
The major manufacturers appear to
comply with most provisions of the
voluntary standard. However, the
voluntary standard does not contain
information requirements for such
things as warning labels, owners
manuals and training. Thus, compliance
with the voluntary standard alone
would not be adequate to eliminate the
risk of injury. Many ATV incidents
occur because of the way the ATV is
used, and the Commission cannot issue
requirements for how a product should
be used (e.g., requiring helmets,
prohibiting children from riding adult
ATVs). To affect these behaviors the
Commission must act through
requirements directing manufacturers
and retailers to take actions that inform
consumers of the risks associated with
ATVs and advise consumers how they
could reduce these risks. Although the
major manufacturers have agreed to take
many of the informational actions
proposed in the rules through
agreements with the Commission, these
are completely voluntary. A company
could decide to change any of the
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actions it has agreed to at any time.
Moreover, new market entrants, a
growing portion of the ATV market, may
not be following the voluntary standard
(and they do not have individual
agreements with the Commission).
These new entrants now comprise
approximately 10 percent of the market
and their share of the market is likely to
increase. Thus, the Commission finds
that compliance with the ANSI/SVIA–
1–2001 voluntary standard is not likely
to eliminate or adequately reduce the
risk of injury associated with youth
ATVs, and it is unlikely that there will
be substantial compliance with the
voluntary standard.
(C) Relationship of benefits to costs.
Because most manufacturers are
currently taking most of the actions that
the proposed rules would require, costs
from the proposed rules are likely to be
small. The initial potential reduction of
ATV-related deaths and injuries may
also be small. However, mandating the
mechanical and information
requirements will mean that new
entrants to the market will have to
comply with the requirements as well.
The proposed rule would impose some
testing and recordkeeping costs. The
staff estimates these to be about
$462,000 annually. The Commission
proposes to establish categories of youth
ATVs based on maximum speed rather
than engine size. This should not
impose additional costs on
manufacturers because these
delineations are similar to those already
in the ANSI/SVIA–1–2001 voluntary
standard. However, this change could
lead to a greater variety of youth ATVs
which could result in more children
riding youth ATVs rather than larger,
riskier adult models. Such a shift of
children to youth ATVs could reduce
ATV-related deaths and injuries because
the risk of injury for riders under the age
of 16 driving adult ATVs is about twice
the risk of injury of those who are
driving age-appropriate ATVs.
Additionally, the proposed change
could result in more children receiving
formal training, and this too could
reduce deaths and injuries.
(D) Least burdensome requirement.
The proposed rule is likely to impose
only a small burden on ATV
manufacturers and retailers. The
Commission is essentially mandating
the current practice that many
manufacturers are following.
Nevertheless, the proposed rule is likely
to reduce the risk of injury associated
with ATVs because it will enable the
Commission to directly enforce the
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provisions of the rule and will bring
new entrants under federal regulation.
*
*
*
*
*
5. Add part 1515 to Subchapter C to
read as follows:
PART 1515—REQUIREMENTS FOR
YOUTH ALL TERRAIN VEHICLES
Subpart A—General Requirements
Sec.
1515.1 Purpose, scope, effective date.
1515.2 Definitions.
1515.3 Requirements in general.
Subpart B—Requirements for Equipment,
Configuration and Performance
1515.4 Equipment and configuration
requirements.
1515.5 Maximum speed capability test.
1515.6 Maximum speed capability
requirements.
1515.7 Service brake performance test.
1515.8 Parking brake performance test.
1515.9 Pitch stability requirements.
Subpart C—Requirements for Labeling,
Point of Sale Information and Instruction
1515.10 Labeling requirements.
1515.11 Hangtag requirements.
1515.12 Age acknowledgment.
1515.13 Instructional/owner’s manual.
1515.14 Safety video.
1515.15 Instructional training.
Subpart D—Certification/Testing/
Recordkeeping
1515.16 Certification.
1515.17 Testing.
1515.18 Recordkeeping.
Figures
Figure 1 to Part 1515—Operator Foot
Environment—Plan View
Figure 2 to Part 1515—Operator Foot
Environment—Front View
Figure 3 to Part 1515—Age Acknowledgment
Form
Figure 4 to Part 1515—Training
Acknowledgment Form
Authority: 15 U.S.C. 1261, 1262, and 1269.
Subpart A—General Requirements
§ 1515.1
Purpose, scope, effective date.
(a) Purpose. The purpose of the
standard in this part is to reduce deaths
and injuries associated with youth all
terrain vehicles (ATVs) by ensuring that
all youth ATVs meet certain technical
requirements and that consumers have
sufficient safety information about
operating youth ATVs.
(b) Scope and effective date. Youth all
terrain vehicles, as defined in
§ 1515.2(a), manufactured or imported
on or after [date 180 days from issuance
of final rule] are subject to the
requirements of this part and 16 CFR
1500.18(a)(20).
§ 1515.2
Definitions.
In addition to the definitions in
section 2 of the Federal Hazardous
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Substances Act (15 U.S.C. 1261), the
following definitions apply for purposes
of this part 1515.
(a) Youth all terrain vehicle, or youth
ATV, means a three-or four-wheeled
motorized vehicle intended for use by
an operator less than sixteen (16) years
of age, that travels on low pressure tires,
has a seat designed to be straddled by
the operator, has handlebars for
steering, and is intended for off-road use
on non-paved surfaces.
(b) Junior ATV means a youth ATV
intended for use by an operator of at
least 6 years of age.
(c) Pre-teen ATV means a youth ATV
intended for use by an operator of at
least 9 years of age.
(d) Teen ATV means a youth ATV
intended for use by an operator of at
least 12 years of age.
(e) Footrest means a structural
support for the operator’s foot, can
include footpegs and footboards.
(f) Handlebar means a device used for
steering and rider support and as a place
to mount hand-operated controls.
(g) Low pressure tire means a tire
designed for off-road use on ATVs, and
having a recommended tire pressure of
no more than 69 kPa (10 psi).
(h) Manual fuel shutoff control means
a device designed to turn the fuel flow
from the fuel tank on and off.
(i) Manufacturer means any entity
that produces youth ATVs. For purposes
of this part 1515, an importer is a
manufacturer.
(j) Mechanical suspension means a
system which permits vertical motion of
an ATV wheel relative to the chassis
and provides spring and damping
forces.
(k) Parking brake means a brake
system which, after actuation, holds one
or more brakes continuously in an
applied position without further action.
(l) PIN means the Product
Identification Number assigned in
accordance with Recreation Off-Road
Vehicle Product Identification
Numbering System, SAE International
Consortium Standard, ICS–1000, issued
2004–9.
(m) Retailer means, for purposes of
this part, a person to whom an ATV is
delivered or sold for purposes of sale or
distribution by such person to a
consumer.
(n) Safety alert symbol means the
symbol which indicates a potential
personal injury hazard as defined in
section 4.10 of ANSI Z535.4–2002,
American National Standard for
Product Safety Signs and Labels.
(o) Service brake means the primary
brake system used for slowing and
stopping a vehicle.
(p) Spark arrester means an exhaust
system component which limits the size
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of carbon particles expelled from a
tailpipe.
(q) Speed limiting device means a
device intended to limit the maximum
speed of a vehicle.
(r) Three-wheeled youth all terrain
vehicle means a youth all terrain vehicle
as defined in paragraph (a) of this
section that has three wheels.
(s) Throttle control means a control
which is located on the handlebar and
is used to control engine power.
(t) VIN means a Vehicle Identification
Number assigned as specified in 49 CFR
Part 565.
(u) Wheelbase (L) means the
longitudinal distance between the
center of the front axle and the center
of the rear axle.
(v) Wheel travel means the
displacement of a reference point on the
suspension (such as the wheel axle)
from when the suspension is fully
extended (no force applied) to when it
is fully compressed.
§ 1515.3
Requirements in general.
(a) Each youth ATV shall be designed
for use only by a single rider, shall meet
the equipment, configuration and
performance requirements specified in
subpart B of this part, and shall meet the
requirements for labeling, point of sale
information, instruction manuals, and
instructional training specified in
subpart C of this part.
(b) Each youth ATV manufacturer
shall comply with the requirements of
this part applicable to manufacturers.
For purposes of this part, an ATV
importer is an ATV manufacturer.
(c) Each youth ATV retailer shall
comply with the requirements of this
part applicable to such retailers.
Subpart B—Requirements for
Equipment, Configuration and
Performance
§ 1515.4 Equipment and configuration
requirements.
(a) Service brakes. All youth ATVs
shall have either independentlyoperated front and rear brakes, or front
and rear brakes that are operated by a
single control, or both. These brakes
shall meet the requirements of § 1515.7.
(1) Independently-operated front
brakes. Independently-operated front
brakes shall be operated by a lever
located on the right side of the
handlebar and shall be operable without
removing the hand from the handlebar.
(2) Independently-operated rear
brakes. Independently-operated rear
brakes shall be operated by either a
pedal which is located near the right
footrest and operable by the right foot or
by a lever located on the left side of the
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handlebar and operable without
removing the hand from the handlebar
or by both.
(3) Simultaneously operated front and
rear brakes. Simultaneously operated
front and rear brakes shall be operated
by either a pedal which is located near
the right footrest and operable by the
right foot or by a lever located on the
left side of the handlebar and operable
without removing the hand from the
handlebar or by both.
(b) Parking brake. All youth ATVs
shall have a parking brake capable of
holding the youth ATV stationary under
prescribed conditions. The parking
brake or parking mechanism shall meet
the performance requirements of
§ 1515.8.
(c) Mechanical suspension. All youth
ATVs shall have mechanical suspension
for all wheels. Each wheel shall have a
minimum wheel travel of 50 mm (2
inches). Springing and damping
properties shall be provided by
components other than the tire.
(d) Engine stop switch. All youth
ATVs shall have an engine stop switch
which is mounted on the left handlebar
and is operable by the thumb without
removing the hand from the handlebar.
(1) Operation. The engine stop switch
shall not require the operator to hold it
in the off position to stop the engine.
(2) Color of device. The switchoperating device shall be orange.
(e) Throttle control. All youth ATVs
shall be equipped with a means of
controlling engine power through a
throttle control. The throttle control
shall be located on the right side of the
handlebar and shall be operable without
removing the hand from the handlebar.
The throttle control shall be self-closing
to an idle position upon release of the
operator’s hand from the control.
(f) Automatic transmission. All youth
ATVs shall be equipped with a
transmission that effects graduated gear
ratios, in proper relation to speed and
torque, without the active participation
of the operator. It shall not be necessary
for the operator to engage a clutch or
choose a gear in order for the vehicle’s
engine to maintain its optimum speed.
(g) Drivetrain controls—(1)
Directional/range controls. Controls for
selecting forward, neutral, or reverse or
for selecting overall transmission
ranges, or for selecting the differential
drive (2-wheel or 4-wheel) shall have a
defined shift pattern marked for the
operator.
(2) Neutral indicator. All youth ATVs
with a neutral position shall have either
a neutral indicator readily visible to the
operator when seated on the ATV or a
means to prevent starting of the ATV
unless the transmission is in the neutral
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position. The indicator, if provided,
shall be activated whenever the ignition
system is on and the transmission is in
neutral.
(3) Reverse indicator. All youth ATVs
with a reverse position shall have a
reverse indicator readily visible to the
operator when the operator is seated on
the ATV. The indicator shall be
activated whenever the engine is
running and the transmission is in
reverse.
(4) Electric start interlock. An
interlock shall be provided to prevent
the youth ATV engine from being
started by electric cranking unless the
transmission is disengaged or the brake
is applied.
(h) Flag pole bracket. All youth ATVs
shall have a flag pole bracket at the rear
of the ATV that provides a rigid
mounting location for a flag pole having
a 13 mm (0.5 inch) diameter mounting
shaft.
(i) Manual fuel shutoff control. If a
youth ATV is equipped with a manual
fuel shutoff control, the device shall be
operable as prescribed in 49 CFR
571.123, Table 1.
(j) Handlebars. The handlebar and its
mounting shall present no rigid
materials with an edge radius of less
than 3.2 mm (0.125 inch) that may be
contacted by a probe in the form of a
165 mm (6.5 inch) diameter sphere. The
probe shall be introduced to the
handlebar mounting area. It shall not be
possible to touch any part of any edge
that has a radius of less than 3.2 mm
(0.125 inch) with any part of the probe.
A handlebar crossbar, if provided, shall
be padded.
(k) Operator foot environment. All
youth ATVs shall have a structure or
other design feature which meets the
requirements of paragraphs (k)(1)
through (4) of this section.
(1) Test procedure. Compliance shall
be determined by introduction of a
probe, whose end is a rigid flat plane
surface 75 mm (3 inches) in diameter, in
the prescribed direction to the zones as
described in paragraphs (k)(2) and (3) of
this section and as shown in Figures 1
and 2 of this part.
(i) Inserting probe vertically and
downward. The probe shall be
introduced end-first in a vertical and
downward direction to the zone
described in paragraph (k)(2) of this
section and shown by the shaded
portion of Figure 1. The end of the
probe in its entirety shall remain within
the limits of the zone. It shall not
penetrate the zone sufficiently to touch
the ground when applied with a force of
445 N (100 lbf).
(ii) Inserting probe horizontally and
rearward. The probe shall be introduced
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end-first in a horizontal and rearward
direction to the zone described in
paragraph (k)(3) of this section and
shown by the shaded portion of Figure
2. The end of the probe in its entirety
shall remain within the limits of the
zone. It shall not penetrate the zone
sufficiently to touch the rear tire when
applied with a force of 90 N (20 lbf).
(2) Boundaries of zone in Figure 1 of
this Part. The zone shown in Figure 1
of this part is defined as bounded by:
(i) The vertical projection of the rear
edge of the footrest.
(ii) The vertical plane (line AA)
parallel to the youth ATV’s longitudinal
plane of symmetry that passes through
the inside edge of the footrest.
(iii) The vertical projection of the
intersection of a horizontal plane
passing through the top surface of the
footrest and the rear fender or other
structure.
(iv) The vertical plane passing
through point D and tangent to the outer
front surface of the rear tire.
(A) For footpegs point D is defined as
the intersection of the lateral projection
of the rearmost point of the footpeg and
the longitudinal projection of the
outermost point of the footpeg.
(B) For footboards point D is defined
as the intersection of 2 lines. The first
is a line perpendicular to the vehicle
longitudinal plane of symmetry and
one-third of the distance from the front
edge of the rear tire to the rear edge of
the front tire. The second is a line
parallel to the youth ATV’s longitudinal
plane of symmetry and one-half the
distance between the inside edge of the
footboard and the outside surface of the
rear tire.
(3) Boundaries of zone in Figure 2 of
this Part. The zone shown in Figure 2
of this part is defined as bounded by:
(i) The horizontal plane passing
through the lowest surface of the
footrest on which the operator’s foot
(boot) rests (plane F).
(ii) The vertical plane (line AA)
parallel to the ATV’s longitudinal plane
of symmetry that passes through the
inside edge of the footrest.
(iii) The horizontal plane 100 mm (4
inches) above plane F.
(iv) The vertical plane (line BB)
parallel to the ATV’s longitudinal plane
of symmetry and 50 mm (2 inches)
inboard of the outer surface of the rear
tire.
(4) Requirements for ATVs with nonfixed structure. All youth ATVs
equipped with a non-fixed type (for
example, foldable, removable or
retractable) structure intended to meet
the requirements of this paragraph (k)
shall be equipped with one or more of
the following:
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(i) A warning device (for example, a
buzzer or indicator) to indicate that the
structure is not in the position needed
to comply with the requirements of this
paragraph (k).
(ii) A device to prevent the ATV from
being operated under its own power if
the structure is not in the position
needed to comply with the requirements
of this paragraph (k).
(iii) A structure that can be folded,
retracted, or removed, such that when
the structure is folded, retracted, or
removed, the ATV cannot be operated
using the footrest in the normal manner.
(l) Lighting equipment—(1) Required
equipment. All youth ATVs shall have
at least one stop lamp. The stop lamp
shall be illuminated by the actuation of
any service brake control. Stop lamps
shall conform to Surface Vehicle
Standard, Stop Lamps for Use on Motor
Vehicles Less than 2032 mm in Overall
Width, SAE J586 MAR00 or Surface
Vehicle Recommended Practice,
Snowmobile Stop Lamp, SAE J278
MAY95.
(2) Prohibitions on certain lighting.
No youth ATV may be equipped with a
projecting headlamp or forward-facing
day-time running lights.
(m) Spark arrester. All youth ATVs
shall have a spark arrester of a type that
is qualified according to the United
States Department of Agriculture Forest
Service Standard for Spark Arresters for
Internal Combustion Engines, 5100-l c,
September 1997 or Surface Vehicle
Recommended Practice, Spark Arrester
Test Procedure for Medium Size
Engines, SAE J350 JAN91.
(n) Tire marking. All youth ATV tires
shall carry the following markings:
(1) Inflation pressure. Both tire
sidewalls shall be marked with the
operating pressure or the following
statement, or an equivalent message:
‘‘SEE VEHICLE LABEL OR OWNER’S
MANUAL FOR OPERATING
PRESSURE.’’ The messages required by
this paragraph shall be in capital letters
not less than 4 mm (0.156 inch) in
height.
(2) Bead seating pressure. Both tire
sidewalls shall be marked with the
following statement, or an equivalent
message: ‘‘Do Not Inflate Beyond **psi
(**kPa) When Seating Bead.’’
(3) Other markings. Both tire
sidewalls shall have the following
information:
(i) The manufacturer’s name or brand
name.
(ii) On one tire sidewall, the threedigit week and year of manufacture in
the form prescribed at 49 CFR 574.5(d),
fourth grouping.
(iii) The size nomenclature of the tire
(for example, AT 22x10–9*) as
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standardized by the Tire and Rim
Association, Inc. or the Japan
Automobile Tire Manufacturers
Association, Inc.
(iv) The word ‘‘tubeless’’ for a
tubeless tire.
(v) The phrase ‘‘Not For Highway
Use’’ or ‘‘Not For Highway Service.’’
(4) Letter sizes. The information
required by paragraphs (n)(2) and (3) of
this section shall be in letters or
numerals no less than 2 mm (.078 inch)
in height.
(o) Tire pressure gauge. All youth
ATVs shall be provided with a tire
pressure gauge appropriate for the
recommended operating tire pressure.
All youth ATVs shall have a means of
carrying the tire pressure gauge.
(p) Security. All youth ATVs shall
have a means to deter unauthorized use.
(q) Vehicle Identification Number
(VIN) or Product Identification Number
(PIN). Each youth ATV shall have
prominently displayed on the ATV a
unique VIN assigned by its
manufacturer in accordance with 49
CFR part 565 or a unique PIN in
accordance with Recreation Off-Road
Vehicle Product Identification
Numbering System, SAE International
Consortium Standard, ICS–1000, issued
2004–9. If the ATV has a VIN number,
the characters in location 4 and 5 of the
number shall be ‘‘A’’ and ‘‘T’’,
respectively. The VIN or PIN label shall
meet the durability requirements of
Underwriters Laboratories Standard UL
969, fourth edition, October 3, 1995.
(r) Speed limiting devices. All Preteen and Teen ATVs shall be equipped
with a means of limiting throttle travel
or other means of limiting the maximum
speed attainable by the ATV to less than
the ATV’s maximum speed capability as
determined using the test procedure of
§ 1515.5. The speed limiting device may
be adjustable or removable or both, but
shall have a means to prevent
adjustment or removal without the
simultaneous use of at least two
different tools.
rwilkins on PROD1PC61 with PROPOSALS2
§ 1515.5
Maximum speed capability test.
(a) Test conditions. Test conditions
shall be as follows:
(1) ATV test weight shall be the
unloaded ATV weight plus the vehicle
load capacity (including test operator
and instrumentation), with any added
weight secured to the seat or cargo
area(s) if so equipped.
(2) Tires shall be inflated to the
pressures recommended by the ATV
manufacturer for the vehicle’s test
weight.
(3) The test surface shall be clean, dry,
smooth and level concrete, or
equivalent.
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(b) Test procedure. Measure the
maximum speed capability of the ATV
using a radar gun or equivalent method.
The test operator shall accelerate the
ATV until maximum speed is reached,
and shall maintain maximum speed for
at least 30.5 m (100 ft). Speed
measurement shall be made when the
ATV has reached a stabilized maximum
speed. A maximum speed test shall
consist of a minimum of two
measurement test runs conducted over
the same track, one each in opposite
directions. If more than two
measurement runs are made there shall
be an equal number of runs in each
direction. The maximum speed
capability of the ATV shall be the
arithmetic average of the measurements
made. A reasonable number of
preliminary runs may be made prior to
conducting a recorded test.
§ 1515.6 Maximum speed capability
requirements.
(a) Performance requirement for
Junior ATV. When tested in accordance
with the procedures of § 1515.5 with
any removable speed limiting device
removed and with any adjustable speed
limiting device adjusted to provide the
ATV’s maximum speed capability, the
maximum speed capability of a Junior
ATV shall not exceed 10 mph.
(b) Performance requirements for Preteen youth ATV. (1) When tested in
accordance with the procedures of
§ 1515.5 with any removable speed
limiting device removed and with any
adjustable speed limiting device
adjusted to provide the ATV’s
maximum speed capability, the
maximum speed capability of a Pre-teen
youth ATV shall not exceed 15 mph.
(2) When tested in accordance with
the procedures of § 1515.5 with the
speed limiting device required by
§ 1515.4(r) adjusted accordingly, the
Pre-teen youth ATV shall accelerate to
a maximum speed that does not exceed
10 mph.
(c) Performance requirements for
Teen ATV. (1) When tested in
accordance with the procedures of
§ 1515.5 with any removable speed
limiting device removed and with any
adjustable speed limiting device
adjusted to provide the ATV’s
maximum speed capability, the
maximum speed capability of a Teen
ATV shall not exceed 30 mph.
(2) When tested in accordance with
the procedures of § 1515.5 with the
speed limiting device required by
§ 1515.4(r) adjusted accordingly, Teen
ATV shall accelerate to a maximum
speed that does not exceed 15 mph.
(d) Maximum speed requirements on
delivery to consumer. (1) Each Pre-teen
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45951
ATV shall be delivered to the purchaser
with the speed limiting device required
by § 1515.4(r) adjusted so that the
maximum speed of the ATV does not
exceed 10 mph when tested in
accordance with § 1515.5.
(2) Each Teen ATV shall be delivered
to the purchaser with the speed limiting
device required by § 1515.4(r) adjusted
so that the maximum speed of the ATV
does not exceed 15 mph when tested in
accordance with § 1515.5.
§ 1515.7
Service brake performance test.
(a) Test conditions. Test conditions
shall be as follows.
(1) The ATV test weight shall be the
unloaded vehicle weight plus the
vehicle load capacity (including test
operator and instrumentation) with any
added weight secured to the seat or
cargo area(s), if equipped.
(2) Tires shall be inflated to the
pressures recommended by the ATV
manufacturer for the vehicle test weight.
(3) Engine idle speed and ignition
timing shall be set according to the
manufacturer’s recommendations.
(4) Ambient temperature shall be
between 0 °C (32 °F) and 38 °C (100 °F).
(5) The test surface shall be clean, dry,
smooth and level concrete, or
equivalent.
(6) Any removable speed limiting
devices shall be removed and any
adjustable speed limiting devices shall
be adjusted to provide the ATV’s
maximum speed capability.
(b) Test procedure. The test procedure
shall be as follows:
(1) Measure the maximum speed
capability of the ATV in accordance
with § 1515.5. Determine the braking
test speed (V). The braking test speed is
the speed that is the multiple of 8 km/
h (5 mph), which is 6 km/h (4 mph) to
13 km/h (8 mph) less than the
maximum speed capability of the ATV.
(2) Burnish the front and rear brakes
by making 200 stops from the braking
test speed. Stops shall be made by
applying front and rear service brakes
simultaneously, and braking
decelerations shall be from 1.96 m/s2 to
4.90 m/s2 (0.2 g to 0.5 g).
(3) After burnishing, adjust the brakes
according to the manufacturer’s
recommendation.
(4) Make six stops from the braking
test speed. Stops shall be made by
applying the front and rear service
brakes simultaneously, and braking
decelerations shall be from 1.96 m/s2 to
4.90 m/s2 (0.2 g to 0.5 g).
(5) Make four stops from the braking
test speed, applying the front and rear
service brakes. Measure the speed
immediately before the service brakes
are applied. Appropriate markers or
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instrumentation shall be used which
will accurately indicate the point of
brake application. Measure the stopping
distance (S).
(i) Hand lever brake actuation force
shall be not less than 22 N (5 lbf) and
not more than 133 N (30 lbf) and foot
pedal brake actuation force shall be not
less than 44 N (10 lbf) and not more
than 222 N (50 lbf).
(ii) The point of initial application of
lever force shall be 25 mm (1.0 in.) from
the end of the brake lever. The direction
of lever force application shall be
perpendicular to the handle grip in the
plane in which the brake lever rotates.
The point of application of pedal force
shall be the center of the foot contact
pad of the brake pedal, and the direction
of force application shall be
perpendicular to the foot contact pad
and in the plane in which the brake
pedal rotates.
(c) Performance requirements—(1)
Junior and Pre-teen ATVs. For each
Junior and each Pre-teen ATV, at least
one of the four stops required by
paragraph (b)(5) of this section shall
comply with the relationship:
S ≤ V/5.28
Where:
S = brake stopping distance (m)
V = braking test speed (km/h)
S≤V
Where:
S = brake stopping distance (ft)
V = braking test speed (mph)
(2) Teen ATVs. For each Teen ATV,
at least one of the four stops required by
paragraph (b)(5) of this section shall
have an average braking deceleration of
5.88 m/s2 (0.6 g) or greater. Average
braking deceleration can be determined
according to the following formulae 1:
a = V2/25.92S
Where:
a = average deceleration (m/s2)
S = brake stopping distance (m)
V = braking test speed (km/h)
a = [(.033) × V2]/S
Where:
a = average deceleration (g)
S = brake stopping distance (ft)
V = braking test speed (mph)
rwilkins on PROD1PC61 with PROPOSALS2
§ 1515.8
Parking brake performance test.
(a) Test conditions. Test conditions
shall be as follows:
(1) ATV test weight shall be the
unloaded ATV weight plus weight
secured to the seat or cargo area(s) (if
equipped), which is equal to the
manufacturer’s stated vehicle load
capacity.
1 Direct on-board instrumentation may be used to
acquire any measurement data.
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(2) Tires shall be inflated to the
pressures recommended by the ATV
manufacturer for the vehicle test weight.
(3) The test surface shall be clean, dry,
smooth concrete or equivalent, having a
30 percent grade.
(b) Test procedure. The test procedure
shall be as follows:
(1) Burnish the service brakes
according to the procedure specified in
§ 1515.7(b)(2) if service brakes are used
as part of the parking brake.
(2) Adjust the parking brake according
to the procedure recommended by the
ATV manufacturer.
(3) Position the ATV facing downhill
on the test surface, with the longitudinal
axis of the ATV in the direction of the
grade. Apply the parking brake and
place the transmission in neutral. Leave
the ATV undisturbed for 5 minutes.
Repeat the test with the ATV positioned
facing uphill on the test surface.
(c) Performance requirements. When
tested according to the procedure
specified in paragraph (b) of this
section, the parking brake shall be
capable of holding the ATV stationary
on the test surface, to the limit of
traction of the tires on the braked
wheels, for 5 minutes in both uphill and
downhill directions.
§ 1515.9
Pitch stability requirements.
(a) Test conditions. Test conditions
shall be as follows:
(1) The ATV shall be in standard
condition, without accessories. The
ATV and components shall be
assembled and adjusted according to the
manufacturer’s instructions and
specifications.
(2) Tires shall be inflated to the ATV
manufacturer’s recommended settings
for normal operation. If more than one
pressure is specified, the highest value
shall be used.
(3) All fluids shall be full (oil, coolant,
and the like), except that fuel shall be
not less than three-fourths full. ATV
shall be unladen, with no rider, cargo,
or accessories.
(4) Steerable wheels shall be held in
the straight ahead position.
(5) Adjustable suspension
components shall be set to the values
specified at the point of delivery to the
dealer.
(6) Suspension components shall be
fixed by means of a locking procedure
such that they remain in the same
position and displacement as when the
unladen ATV is on level ground, and in
the conditions specified in paragraphs
(a)(1) through (5) of this section.
(b) Test procedure. The test procedure
shall be as follows:
(1) Calculations based on vehicle
metrics:
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(i) Measure and record the wheelbase
(L). The measurement of this length
shall be done with an accuracy of ±5
mm (±0.2 inch) or ±0.5%, whichever is
greater.
(ii) Measure and record the front and
rear weights, (Wf and Wr, respectively).
Wf is the sum of the front tire loads; and
Wr is the sum of the rear tire loads with
the ATV level and in the condition
specified in paragraph (a) of this
section. The measurements of these
weights shall be done with an accuracy
of ± 0.5 kg (± 1.1 lb) or ± 0.5%,
whichever is greater.
(iii) Using the values obtained in
paragraphs (b)(1)(i) and (ii) of this
section, compute and record the
quantity as follows: L1 = ((Wf/( Wf + Wr))
× L.
(iv) Measure and record the vertical
height between the rear axle center and
the ground (Rr). This measurement shall
be done on level ground, with the ATV
in the conditions specified in subsection
(a) of this section, with an accuracy of
± 3 mm (± 0.1 inch) or ± 1.5%,
whichever is greater.
(v) Measure and record the balancing
angle alpha. The procedure for
obtaining this value is as follows: with
the ATV on a level surface, the front of
the vehicle shall be rotated upward
about the rear axle without setting the
rear parking brake or using stops of any
kind, until the ATV is balanced on the
rear tires. The balancing angle alpha
through which the ATV is rotated shall
be measured and recorded with an
accuracy of ± 0.5 degrees. If an assembly
protruding from the rear of the ATV,
such as a carry bar or trailer hitch or
hook, interferes with the ground surface,
so as to not allow a balance to be
reached, the vehicle shall be placed on
blocks of sufficient height to eliminate
the interference.
(vi) Repeat the measurement in
paragraph (b)(1)(v) of this section and
determine if the two individual
measurements are within 1.0 degree of
each other. If they are not, repeat the
measurements two more times and
compute the average of the four
individual measurements, and use that
as the value.
(2) Tilt table procedure. The ATV
shall be placed on a variable slope
single-plane tilt table. The steerable
wheels shall be straight forward. The
ATV shall be positioned on the tilt table
with its longitudinal center line
perpendicular to the tilt axis of the table
and its rear positioned downhill. The
table shall be tilted until lift-off of the
upper wheel(s) occurs. Measure the
angle at which lift-off of the upper
wheel(s) occurs. Lift-off shall have
occurred when a strip of 20-gauge steel
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[approximately 1 mm (.039 inch) thick],
76 mm (3 inch) minimum width, can be
pulled from or moved under the second
uphill tire to lift with a force of 9 N (2
lb) or less.
(c) Performance requirements. (1)
Computation from vehicle metrics.
Using the values obtained in paragraphs
(b)(1)(iii), (b)(1)(iv), and (b)(1)(vi) of this
section, compute the pitch stability
coefficient as follows: Kp = (L1 tan
alpha)/(L1 + Rr tan alpha).
(2) Computation from tilt table. The
pitch stability coefficient Kp is the
tangent of the tilt table angle.
(3) Requirement. The pitch stability
coefficient Kp calculated according to
paragraph (c)(1) or (c)(2) of this section
shall be at least 1.0.
Subpart C—Requirements for
Labeling, Point of Sale Information and
Instruction
§ 1515.10
Labeling requirements.
rwilkins on PROD1PC61 with PROPOSALS2
(a) General warning label. (1) Each
youth ATV shall have affixed to it a
general warning label in English that
meets the requirements of this section.
(2) Content. The general warning label
shall display the safety alert symbol and
the word ‘‘WARNING’’ in capital letters.
The label shall contain the following, or
substantially equivalent, statements.
They may be arranged on the label to
place the prohibited actions together
and the required actions together.
‘‘THIS VEHICLE CAN BE HAZARDOUS
TO OPERATE. A collision or rollover can
occur quickly, even during routine
maneuvers such as turning and driving on
hills or over obstacles, if you fail to take
proper precautions.’’
‘‘SEVERE INJURY OR DEATH can result if
you do not follow these instructions:’’
‘‘BEFORE YOU OPERATE THIS ATV,
READ THE OWNER′S MANUAL AND ALL
LABELS.’’
‘‘NEVER OPERATE THIS ATV WITHOUT
PROPER INSTRUCTION. Beginners should
complete a training course.’’
‘‘NEVER CARRY A PASSENGER. You
increase your risk of losing control if you
carry a passenger.’’
‘‘NEVER OPERATE THIS ATV ON PAVED
SURFACES. You increase your risk of losing
control if you operate this ATV on pavement.
‘‘NEVER OPERATE THIS ATV ON PUBLIC
ROADS. You can collide with another
vehicle if you operate this ATV on a public
road.’’
‘‘ALWAYS WEAR AN APPROVED
MOTORCYCLE HELMET, eye protection, and
protective clothing.’’
‘‘NEVER CONSUME ALCOHOL OR
DRUGS before or while operating this ATV.’’
‘‘NEVER OPERATE THIS ATV AT
EXCESSIVE SPEEDS. You increase your risk
of losing control if you operate this ATV at
speeds too fast for the terrain, visibility
conditions, or your experience.’’
‘‘NEVER ATTEMPT WHEELIES, JUMPS,
OR OTHER STUNTS.’’
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(3) Format. The color scheme,
typeface and formatting of the label
shall be consistent with ANSI Z535.4
(American National Standard for
Product Safety Signs and Labels) (2002).
(4) Location. This label shall be
affixed to the left front fender so it is
easily visible in its entirety to the
operator when seated on the vehicle in
the proper operating position. If this
location is not available for a particular
ATV, the label shall be affixed to the
right front fender so as to be easily read
by the operator when seated on the ATV
in the proper operating position.
(b) Age recommendation warning
label. (1) Each youth ATV shall have
affixed an age recommendation warning
label in English that meets the
requirements of this section.
(2) Content. (i) Label for Junior ATV.
The age recommendation warning label
for a Junior ATV shall display the safety
alert symbol and the word ‘‘WARNING’’
in capital letters. The label shall contain
a circle with a slash through it and the
wording ‘‘UNDER 6’’ inside the circle.
Below the circle, the label shall contain
the following, or substantially
equivalent, statements:
‘‘Operation of this ATV by children under
the age of 6 increases the risk of severe injury
or death.
Adult supervision required for children
under age 16.
NEVER let children under age 6 operate
this ATV.’’
(ii) Label for Pre-teen ATV. The age
recommendation warning label for a
Pre-teen ATV shall display the safety
alert symbol and the word ‘‘WARNING’’
in capital letters. The label shall contain
a circle with a slash through it and the
wording ‘‘UNDER 9’’ inside the circle.
Below the circle, the label shall contain
the following, or substantially
equivalent, statements:
‘‘Operation of this ATV by children under
the age of 9 increases the risk of severe injury
or death.
Adult supervision required for children
under age 16.
NEVER let children under age 9 operate
this ATV.’’
(iii) Label for Teen ATV. The label age
recommendation warning label for a Teen
ATV shall display the safety alert symbol and
the word ‘‘WARNING’’ in capital letters. The
label shall contain a circle with a slash
through it and the wording ‘‘UNDER 12’’
inside the circle. Below the circle, the label
shall contain the following, or substantially
equivalent, statements:
‘‘Operation of this ATV by children under
the age of 12 increases the risk of severe
injury or death.
Adult supervision required for children
under age 16.
NEVER let children under age 12 operate
this ATV.’’
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(3) Format. The color scheme,
typeface and formatting of the age
recommendation label shall be
consistent with ANSI Z535.4 (2002).
(4) Location. This label shall be
affixed to the fuel tank so it is visible
in its entirety to the operator when
seated on the vehicle in the proper
operating position. If this location is not
available for a particular ATV, or, if
affixed at this location the label will not
meet the durability requirement of
paragraph (f) of this section, the label
shall be placed on the front fender
above the label required by paragraph
(a) of this section so that it is visible in
its entirety to the operator. If this
location is not available for a particular
ATV, the label shall be placed on the
vehicle body immediately forward of
the seat so it is visible in its entirety to
the operator when seated on the vehicle
in the proper operating position.
(c) Passenger warning label. (1) Each
youth ATV shall have affixed a
passenger warning label in English that
meets the requirements of this section.
(2) Content. The passenger warning
label shall display the safety alert
symbol and the word ‘‘WARNING’’ in
capital letters. The label shall contain
the following, or substantially
equivalent, statements:
‘‘Passengers can affect ATV balance and
steering. The resulting loss of control can
cause SEVERE INJURY or DEATH.
NEVER ride as a passenger.’’
(3) Format. The color scheme,
typeface and formatting of the label
shall be consistent with ANSI Z535.4
(2002).
(4) Location. This label shall be
affixed either to a flat surface of the
vehicle body located to the rear of the
seat and toward the center of the
vehicle, or to the rear portion of the
vehicle seat itself. If neither of these
locations is available for a particular
vehicle, the label shall be affixed to the
left rear fender or the left side of the
body so as to be easily seen by a
potential passenger.
(d) Tire pressure and overload
warning label(s). (1) Each youth ATV
shall have affixed a label or labels in
English that meet the requirements of
this section warning against improper
air pressure in the ATV’s tires and
against overloading. Manufacturers may
affix one warning label addressing both
hazards.
(2) Content. The label(s) shall contain
the safety alert symbol and the signal
word ‘‘WARNING’’ in capital letters.
Every label warning about improper tire
pressure shall contain a statement
indicating the recommended tire
pressure, either on the label or by
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reference to the owner’s manual and/or
the tires. Every label warning against
overloading shall contain a statement
indicating the maximum weight
capacity for the ATV model.
(i) If a manufacturer uses separate tire
pressure and overloading labels, the
label to warn of tire pressure shall
contain the following, or substantially
equivalent, statements:
—‘‘Improper tire pressure can cause loss of
control. Loss of control can result in severe
injury or death.’’
(ii) If a manufacturer uses separate tire
pressure and overloading labels, the
label to warn of overloading hazards
shall contain the following, or
substantially equivalent, statements:
—‘‘Overloading can cause loss of control.
Loss of control can result in severe injury or
death.’’
(iii) If a manufacturer uses one label
for both tire pressure and overloading
warnings, the label shall contain the
following, or substantially equivalent,
statements:
‘‘Improper tire pressure or overloading can
cause loss of control. Loss of control can
result in severe injury or death.’’
(3) Format. The color scheme,
typeface and formatting of the label
shall be consistent with ANSI Z535.4
(2002).
(4) Location. The label(s) shall be
affixed to the left rear fender above the
axle, facing outward in such a position
that it (they) can be read by the operator
when mounting the vehicle.
(e) Label durability requirements.
Each label required or permitted by this
section shall meet the standards for
durability of Underwriters Laboratories
Standard UL 969, fourth edition,
October 3, 1995.
(f) Discretionary labels. Labels in
addition to those specified in
paragraphs (a) through (d) of this section
may be affixed to the vehicle provided
that:
(1) The discretionary labels are
consistent with ANSI Z535.4 (2002);
and
(2) Discretionary labels shall be
affixed to ATVs in an appropriate
location that does not detract from the
mandatory labels required in paragraphs
(a) through (d) of this section.
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§ 1515.11
Hangtag requirements.
(a) Each youth ATV shall be equipped
at the point of sale with a hang tag that,
at a minimum, contains in English:
(1) The contents of the general
warning label described in § 1515.10(a);
(2) The statement—‘‘Even though a
child is of the recommended age to
operate a particular size ATV, not all
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children have the strength, skills, or
judgment needed to operate an ATV
safely, and parents should, therefore,
supervise their child’s operation of the
ATV at all times’’—;
(3) The statement—‘‘This hang tag is
not to be removed before sale’’—; and
(4) The statement—‘‘Check with your
dealer to find out about state or local
laws regarding ATV operation.’’
(b) Each hang tag shall be attached to
the ATV in such a manner as to be
conspicuous and removable only with
deliberate effort.
(c) Each hang tag shall be at least 4 by
6 inches.
1515.12
Age acknowledgment.
(a) General. The retailer shall provide
the purchaser of each youth ATV with
an age acknowledgment in the form
shown in figure 3.
(b) Signature. Prior to the sales
transaction, the retailer shall require
that the purchaser of the ATV sign the
age acknowledgment representing that
the purchaser has read and understood
the age acknowledgment.
(c) Copies/retention. The retailer shall
provide the purchaser of the ATV and
the manufacturer of the ATV with a
copy of the signed age acknowledgment.
The retailer shall retain the signed
original of the age acknowledgment for
a minimum of five (5) years after the
date of the purchase of the ATV to
which it pertains. The manufacturer
shall retain the copy of the age
acknowledgment for a minimum of five
(5) years after the date of the purchase
of the ATV to which it pertains.
1515.13
Instructional/owner’s manual.
(a) General. (1) All youth ATVs shall
be delivered to the purchaser with an
instructional/owner’s manual that meets
the requirements of this section. All
youth ATVs shall be equipped with a
means of carrying the manual that
protects it from destructive elements
while allowing reasonable access.
(2) Each manual shall be in English
and shall be written and designed in a
manner reasonably calculated to convey
information regarding safe operation
and maintenance of the vehicle by
persons who read such manual.
(3) Each manual shall be written in
plain, simple language so as to be
readily comprehended by the average
seventh grader, as measured by a
standard technique for assessing the
readability of written materials.
(4) Information in each manual shall
be presented in a meaningful sequence
designed to permit readers to
understand the information presented
and appreciate its significance.
(5) Each manual shall be consistent
with other safety messages required by
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this part, including those contained in
warning labels, hang tags, and the safety
video.
(6) Each manufacturer shall retain a
copy of the manual for each model until
five years after the model has ceased to
be in production. The manufacturer
shall make the manual available to
CPSC upon request.
(b) Contents. Each manual shall
contain—
(1) A statement on the outside front
cover that, at a minimum, alerts the
reader that the manual contains
important safety information which
should be read carefully.
(2) A statement on the outside front
cover stating the age recommendation
for the particular ATV model in
question.
(3) Definitions for ‘‘warning’’ and
‘‘caution’’ that are consistent with, or in
any event not weaker than, the
definitions for those terms contained in
American National Standards Institute
(ANSI) standard Z535–2002 along with
an introductory statement alerting the
reader to the significance of the safety
alert symbol and the signal words.
(4) A reminder that the safety alert
symbol with the word ‘‘WARNING’’
indicates a potential hazard that could
result in serious injury or death. This
reminder shall be repeated immediately
preceding the table of contents, at the
beginning and end of the section
describing proper operating procedures,
on the last page before the outside back
cover (or on the inside back cover), and
a total of at least five (5) more times,
appropriately spaced, within sections
containing warnings.
(5) An introductory safety message
emphasizing the importance of reading
and understanding the manual prior to
operation of the ATV, the importance of
and availability of the instructional
training required by § 1515.15, and the
importance of the age recommendation
for the particular model. This
introductory message shall contain, at a
minimum, the following statement:
Failure to follow the warnings contained in
this manual can result in SERIOUS INJURY
or DEATH
(6) An introductory notice to parents
emphasizing that an ATV is not a ‘‘toy,’’
the importance of children completing
the instructional training required by
§ 1515.15 of this part, and the
importance of children understanding
and following the instructions and
warnings contained in the manual. This
introductory statement shall also
contain, at a minimum, the following
statement:
Children differ in skills, physical abilities,
and judgment. Some children may not be
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able to operate an ATV safely. Parents should
supervise their children’s use of the ATV at
all times.
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(7) An introductory safety section
which, at a minimum, contains the
following safety messages in the form
shown:
AN ATV IS NOT A TOY AND CAN BE
HAZARDOUS TO OPERATE. An ATV
handles differently from other vehicles
including motorcycles and cars. A collision
or rollover can occur quickly, even during
routine maneuvers such as turning and
driving on hills or over obstacles, if you fail
to take proper precautions.
SEVERE INJURY OR DEATH can result if
you do not follow these instructions:
1. Read this manual and all labels carefully
and follow the operating procedures
described.
2. Never operate an ATV without proper
instruction. Take a training course. Contact
an authorized ATV dealer to find out about
the training courses near you.
3. Always follow the age recommendations
for this ATV.
4. Never allow a child under 16 to operate
an ATV without adult supervision, and never
allow continued use of an ATV by a child if
he or she does not have the abilities to
operate it safely.
5. Never carry a passenger on an ATV,
unless it is a two-person ATV.
6. Never operate an ATV on any paved
surfaces, including sidewalks, driveways,
parking lots and streets.
7. Never operate an ATV on any public
street, road or highway, even a dirt or gravel
one.
8. Never operate an ATV without wearing
an approved helmet that fits properly. You
should also wear eye protection (goggles or
face shield), gloves, boots, long-sleeved shirt
or jacket, and long pants.
9. Never consume alcohol or drugs before
or while operating an ATV.
10. Never operate at excessive speeds.
Always go at a speed that is proper for the
terrain, visibility and operating conditions,
and your experience.
11. Never attempt wheelies, jumps, or
other stunts.
12. Always inspect your ATV each time
you use it to make sure it is in safe operating
condition. Always follow the inspection and
maintenance procedures and schedules
described in this manual.
13. Always keep both hands on the
handlebars and both feet on the footpegs of
the ATV during operation.
14. Always go slowly and be extra careful
when operating on unfamiliar terrain.
Always be alert to changing terrain
conditions when operating the ATV.
15. Never operate on excessively rough,
slippery or loose terrain until you have
learned and practiced the skills necessary to
control the ATV on such terrain. Always be
especially cautious on these kinds of terrain.
16. Always follow proper procedures for
turning as described in this manual. Practice
turning at low speeds before attempting to
turn at faster speeds. Do not turn at excessive
speed.
17. Never operate the ATV on hills too
steep for the ATV or for your abilities.
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Practice on smaller hills before attempting
larger hills.
18. Always follow proper procedures for
climbing hills as described in this manual.
Check the terrain carefully before you start
up any hill. Never climb hills with
excessively slippery or loose surfaces. Shift
your weight forward. Never open the throttle
suddenly or make sudden gear changes.
Never go over the top of any hill at high
speed.
19. Always follow proper procedures for
going down hills and for braking on hills as
described in this manual. Check the terrain
carefully before you start down any hill. Shift
your weight backward. Never go down a hill
at high speed. Avoid going down a hill at an
angle that would cause the vehicle to lean
sharply to one side. Go straight down the hill
where possible.
20. Always follow proper procedures for
crossing the side of a hill as described in this
manual. Avoid hills with excessively
slippery or loose surfaces. Shift your weight
to the uphill side of the ATV. Never attempt
to turn the ATV around on any hill until you
have mastered the turning technique
described in this manual on level ground.
Avoid crossing the side of a steep hill if
possible.
21. Always use proper procedures if you
stall or roll backwards when climbing a hill.
To avoid stalling, use proper gear and
maintain a steady speed when climbing a
hill. If you stall or roll backwards, follow the
special procedure for braking described in
this manual. Dismount on the uphill side or
to a side if pointed straight uphill. Turn the
ATV around and remount, following the
procedure described in this manual.
22. Always check for obstacles before
operating in a new area. Never attempt to
operate over large obstacles, such as large
rocks or fallen trees. Always follow proper
procedures when operating over obstacles as
described in this manual.
23. Always be careful when skidding or
sliding. Learn to safely control skidding or
sliding by practicing at low speeds and on
level, smooth terrain. On extremely slippery
surfaces, such as ice, go slowly and be very
cautious in order to reduce the chance of
skidding or sliding out of control.
24. Never operate an ATV in fast flowing
water or in water deeper than that specified
in this manual. Remember that wet brakes
may have reduced stopping ability. Test your
brakes after leaving water. If necessary, apply
them several times to let friction dry the
linings.
25. Always be sure there are no obstacles
or people behind you when you operate in
reverse. When it is safe to proceed in reverse,
go slowly.
26. Always use the size and type tires
specified in this manual. Always maintain
proper tire pressure as described in this
manual.
27. Never modify an ATV through
improper installation or use of accessories.
28. Never exceed the stated load capacity
for an ATV. Cargo should be properly
distributed and securely attached. Reduce
speed and follow instructions in the manual
for carrying cargo or pulling a trailer. Allow
greater distance for braking.
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45955
FOR MORE INFORMATION ABOUT ATV
SAFETY, visit the CPSC website at
www.cpsc.gov or call the Consumer Product
Safety Commission at 1–800–638–2772, or
[insert contact number for manufacturer].’’
(8) An appropriate table of contents
identifying the major portions of the
manual.
(9) Descriptions of the location of
warning labels on the ATV and an
introductory statement emphasizing the
importance of understanding and
following the labels and the importance
of keeping the labels on the ATV. The
introductory statement shall also
contain instructions on how to obtain a
replacement label in the event any label
becomes difficult to read. These
instructions shall include a toll-free
telephone number that can be called to
obtain a replacement label.
(10) A toll-free telephone number, or
other no cost means, for the owner of
the ATV to contact the manufacturer to
report safety issues and/or seek
information on the proper, safe
operation of the ATV.
(11) A description of pre-operating
inspection procedures and a statement
emphasizing the importance of these
procedures.
(12) A description of proper operating
procedures and of potential hazards
associated with improper operation of
the ATV. The section of each manual
devoted to describing proper operating
procedures shall include material
addressing in narrative text form and in
appropriate detail all of the topics
addressed in paragraph (b)(7) of this
section. Such narrative text shall
identify particular potential hazards
associated with the types of operation or
behavior in question, the possible
consequences of such operation or
behavior, and shall describe the manner
in which the vehicle should be properly
operated to avoid or reduce the risk
associated with such hazards. Such
narrative text shall include warning
statements and corresponding
illustrations in conformance with the
requirements of this section. The
language of the narrative sections
accompanying each warning shall not
contradict any information contained in
the warning section and shall be written
to draw attention to the warning.
(13) Descriptions of proper
maintenance, storage, and
transportation procedures.
(14) On the outside back cover, the
contents of the general warning label
required by § 1515.10(a).
§ 1515.14
Safety video.
(a) General. The retailer shall provide
the purchaser with a safety video at or
before the completion of the purchase
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transaction. The safety video shall be
designed to communicate to an
audience consisting of prospective
purchasers and users, including
children between the ages of 9 and 16,
and their parents.
(b) Title. The title of the safety video
shall indicate that the video provides
safety information concerning ATV
operation.
(c) Content. The safety video shall
communicate the following:
(1) The contents of the hang tag
described in § 1515.11;
(2) The concept that a person
operating an ATV should know his or
her limitations and not attempt to
perform any maneuver or traverse any
terrain if performing the maneuver or
operating on the terrain is beyond that
person’s capabilities and experience;
(3) The importance of practicing and
gradually progressing from basic to
more complex maneuvers; and
(4) The importance of keeping alert at
all times and the concept that even a
brief distraction can lead to loss of
control resulting in a severe or fatal
accident.
(5) ATV-related death and injury
statistics both for all riders and for
children under the age of 16. The video
may use rolling five-year averages, and
the statistics only need to be up-dated
if there is a statistically significant
change in either the death or injury
statistics. Such change shall be noted in
the subsequent video.
(d) Dramatization. All dramatizations
designed to communicate any of the
concepts set forth in the preceding
subsection shall be unambiguous. To
avoid ambiguity and ensure clarity,
dramatizations shall:
(1) In the case of dramatizations that
show an accident occurring, averted, or
about to occur, the video shall contain
no intervening events that detract from
communication of the hazard (for
example, the presence of an obstacle on
a paved surface when communicating
the hazard of operating on a paved
surface, or a person running in front of
an ATV when communicating the
hazard of carrying passengers on a
youth ATV or a single rider adult ATV);
and
(2) in the case of dramatizations that
show either the conduct, terrain, or
maneuvers that a person should avoid,
or the conduct that a person should
observe, the video shall also
unequivocally state the relevant safety
message, either verbally by means of
lines spoken by a screen character or
narrator, in written form, or both.
(e) Format. The safety video shall be
made available in at least one
commonly used format, e.g., VHS or
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DVD, and the purchaser shall be given
the option at no cost of procuring the
safety video in at least one format other
than the one originally supplied with
the ATV at the time of purchase.
(f) Retention. The manufacturer shall
retain a copy of the safety video until
five years after the model to which
applies ceases to be in production. The
manufacturer shall make the video
available to CPSC upon request.
1515.15
Instructional training.
(a) General. The manufacturer shall
provide to the purchaser at no charge a
training course for the purchaser and
each member of the purchaser’s
immediate family who meets or exceeds
the minimum age recommendation for
the ATV in question. The training
course shall be provided in the form of
one certificate valid for the purchaser
and each qualifying member of the
purchaser’s immediate family
redeemable at no cost for attendance at
a training course meeting the
requirements of this section.
(b) Form of certificate. Each certificate
shall identify the VIN or PIN number
and category of ATV (i.e. Junior, Preteen, or Teen) to which it pertains and
shall have no expiration date. In
addition the certificate shall include a
toll-free telephone number or other
readily useable means for the purchaser
to contact the training organization to
arrange for training.
(c) Retailer responsibility. The retailer
shall provide the certificate to the
purchaser at the time of purchase and
shall obtain the purchaser’s signature on
the training availability form shown in
Figure 4 of this part. The retailer shall
retain the signed original of the training
availability form and shall provide the
purchaser and the manufacturer of the
ATV with a copy.
(d) Course content. The training
curriculum shall, at a minimum,
address the following:
(1) The risks of ATV-related deaths
and injuries (risk awareness).
(2) The role of safety equipment,
including identifying suitable
equipment, properly using equipment,
and understanding why it is used.
(3) Rider responsibilities, including:
(i) Why children/youths should not
ride adult ATVs;
(ii) Why all ATV users should take a
hands-on safety training course;
(iii) Why one should never ride a
youth ATV or non-tandem adult ATV
with a passenger or as a passenger;
(iv) Why one should never drive an
ATV on paved roads;
(v) Why one should always wear a
helmet and other protective gear while
on an ATV; and
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(vi) Why one should never drive an
ATV while under the influence of
alcohol or drugs.
(4) Identifying displays and controls;
(5) Recognizing limitations, including
inclines and rider abilities;
(6) Evaluating a variety of situations
to predict proper course of action,
including terrain obstacles and behavior
of other riders;
(7) Demonstrating successful learning
of riding skills, including:
(i) Starting and stopping;
(ii) negotiating turns, including
gradual, sharp, and quick turns,
weaving, and evasive maneuvers;
(iii) Stopping in a turn;
(iv) Emergency braking while straight
and while turning.
(v) Negotiating full track and partial
track obstacles.
(vi) Negotiating hills, including
ascending, descending, traversing, and
emergency situations; and
(vii) Combining skills together in a
non-predictable manner (i.e. trail ride or
free riding period with instructor
supervision and critique).
(e) Course structure. The course shall
include classroom, field, and trail
activities.
(f) Course duration. The course
duration shall be sufficient to cover the
topics noted in this section and allow
for each student to individually master
the riding skills addressed in the course
at the level commensurate with the
terrain at the location of the course, and
allow for written and riding skills tests.
(g) Course accessibility. The course
shall be provided within a reasonable
time from the date of purchase of the
ATV and a reasonable distance from the
place of purchase of the ATV.
Subpart D—Certification/Testing/
Recordkeeping
§ 1515.16
Certification.
(a) At the location of the VIN or PIN
number, the following statement shall
be made: ‘‘The manufacturer certifies
that this ATV complies with all
applicable requirements of 16 CFR part
1515.’’
(b) The VIN or PIN number and
compliance statement shall meet the
durability requirements of Underwriters
Laboratories Standard UL 969, fourth
edition, October 3, 1995.
§ 1515.17
Testing.
Each manufacturer of ATVs subject to
this part shall perform or cause to be
performed testing sufficient to
demonstrate on an objectively
reasonable basis that each ATV
produced by that manufacturer meets
the performance requirements of
§§ 1515.4 through 1515.9.
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§ 1515.18
Recordkeeping.
rwilkins on PROD1PC61 with PROPOSALS2
(a) Manufacturer requirements. Each
manufacturer (the importer is
considered a manufacturer for purposes
of this part) of ATVs subject to this part
shall:
(1) Maintain records in English
sufficient to demonstrate that each ATV
produced by that manufacturer
complies with the requirements of this
part;
(2) Unless otherwise specified, retain
records required by this part for a period
of at least five (5) years after production
VerDate Aug<31>2005
19:42 Aug 09, 2006
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of the model of ATV to which the
records pertain ceases;
(3) Maintain records required by this
part at a location in the United States;
and
(4) Make records required by this part
available for inspection at the request of
a duly authorized representative of the
U.S. Consumer Product Safety
Commission.
(b) Retailer requirements. Each
retailer of ATVs subject to this part
shall:
(1) Maintain the original of each age
acknowledgment required by § 1515.12
PO 00000
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45957
and each acknowledgment of training
availability required by § 1515.15 for a
period of at least five (5) years after the
date of purchase of the ATV to which
the acknowledgments pertain;
(2) Maintain records required by this
section at a location in the United
States; and
(3) Make records required by this
section available for inspection at the
request of a properly authorized
representative of the U.S. Consumer
Product Safety Commission.
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45962
Federal Register / Vol. 71, No. 154 / Thursday, August 10, 2006 / Proposed Rules
Dated: August 1, 2006.
Todd Stevenson,
Secretary, Consumer Product Safety
Commission.
[NOTE: The following appendix will not
appear in the Code of Federal Regulations]
rwilkins on PROD1PC61 with PROPOSALS2
List of Relevant Documents
1. Briefing memorandum from Elizabeth
Leland, Project Manager, Directorate for
Economic Analysis, to the Commission, ‘‘AllTerrain Vehicles: CPSC Staff Proposals for
Consideration’’ May 31, 2006.
2. Memorandum from Elizabeth W. Leland,
Economic Analysis, CPSC, to Jacqueline
Elder, Assistant Executive Director for
Hazard Identification and Reduction,
‘‘October 14, 2005, All-Terrain Vehicle (ATV)
Advance Notice of Proposed Rulemaking
(ANPR): CPSC Staff Response to Comments,’’
May 23, 2006.
3. Report from Robin L. Ingle, Directorate
for Epidemiology, Division of Hazard
Analysis, CPSC, ‘‘2004 Annual Report of
ATV Deaths and Injuries,’’ September 2005.
4. Memorandum from Terrance R. Karels,
Directorate for Economic Analysis, CPSC, to
Elizabeth W. Leland, EC, Project Manager,
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20:22 Aug 09, 2006
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ATVs, ‘‘Current Market Conditions—ATVs’’,
May 23, 2006.
5. Memorandum from Caroleene Paul,
Division of Mechanical Engineering,
Directorate for Engineering Sciences, CPSC,
to Elizabeth Leland, Project Manager, ATV
Safety Review Team, ‘‘Draft Proposed
Requirements for All-Terrain Vehicles
(ATVs),’’ May 23, 2006.
6. Memorandum from Hope E. Johnson,
Engineering Psychologist, Division of Human
Factors, Directorate for Engineering Sciences,
CPSC, to Elizabeth Leland, Project Manager
ATV Team, ‘‘ATV Age Guidelines,’’ May 23,
2006.
7. Memorandum from Sarah B. Brown,
Engineering Psychologist, Division of Human
Factors, Directorate for Engineering Sciences,
CPSC, to Elizabeth Leland, Project Manager,
ATV Project, ‘‘ATV Lighting,’’ May 22, 2006.
8. Report from Robert Franklin, Directorate
for Economic Analysis, CPSC, ‘‘All Terrain
Vehicle Mandatory Standard: Preliminary
Regulatory Analysis’’, May 2006.
9. Report from Robert Franklin, Directorate
for Economic Analysis, CPSC, ‘‘All Terrain
Vehicles: Initial Regulatory Flexibility
Analysis,’’ May 2006.
PO 00000
Frm 00060
Fmt 4701
Sfmt 4702
10. Memorandum from Timothy P. Smith,
Engineering Psychologist, Division of Human
Factors, Directorate for Engineering Sciences,
CPSC, ‘‘Minimum requirements for ATV
hang tags, product labels, and manual
warnings,’’ May 23, 2006.
11. Memorandum from Timothy P. Smith,
Engineering Psychologist, Division of Human
Factors, Directorate for Engineering Sciences,
CPSC, ‘‘Recommended disclosure statement
for adult-ATV purchasers,’’ May 23, 2006.
12. Memorandum from Hope E. Johnson,
Engineering Psychologist, Division of Human
Factors, Directorate for Engineering Sciences,
‘‘ATV Training,’’ May 17, 2006.
13. Memorandum from Robin L. Ingle,
Health Statistician, Hazard Analysis
Division, Directorate for Epidemiology,
CPSC, ‘‘Explanation of Trained ATV Rider
Risk Statement,’’ April 11, 2006.
14. Memorandum from Tanya Topka,
Compliance Officer, Recalls and Compliance
Division, CPSC Office of Compliance,
‘‘Three-Wheeled All-Terrain Vehicles,’’ May
22, 2006.
[FR Doc. 06–6703 Filed 8–9–06; 8:45 am]
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Agencies
[Federal Register Volume 71, Number 154 (Thursday, August 10, 2006)]
[Proposed Rules]
[Pages 45904-45962]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-6703]
[[Page 45903]]
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Part II
Consumer Product Safety Commission
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16 CFR Parts 1307, 1410, 1500 and 1515
Standards for All Terrain Vehicles and Ban of Three-Wheeled All Terrain
Vehicles; Proposed Rule
Federal Register / Vol. 71, No. 154 / Thursday, August 10, 2006 /
Proposed Rules
[[Page 45904]]
-----------------------------------------------------------------------
CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Parts 1307, 1410, 1500 and 1515
Standards for All Terrain Vehicles and Ban of Three-Wheeled All
Terrain Vehicles; Notice of Proposed Rulemaking
AGENCY: Consumer Product Safety Commission.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: To address the unreasonable risks of injury and death
associated with all terrain vehicles (``ATVs''), the Commission is
proposing rules for adult and youth ATVs. The proposed rules include
requirements concerning the mechanical operation of ATVs, requirements
for providing safety information about operating ATVs (such as through
labeling and training), and requirements for certification, testing and
recordkeeping. The proposed standards would apply to adult single-rider
and tandem ATVs and to youth ATVs. The Commission is also proposing a
rule to ban three-wheeled ATVs. The proposed rules are issued under the
authority of both the Consumer Product Safety Act (``CPSA'') and the
Federal Hazardous Substances Act (``FHSA'').
DATES: Written comments in response to this document must be received
by the Commission no later than October 24, 2006. Comments on elements
of the proposed rule that, if issued in final form would constitute
collection of information requirements under the Paperwork Reduction
Act, may be filed with the Office of Management and Budget (``OMB'')
and with the Commission. Comments will be received by OMB until October
10, 2006.
ADDRESSES: Comments should be filed by email to cpsc-os.gov. Comments
also may be filed by telefacsimile to (301) 504-0127 or they may be
mailed or delivered, preferably in five copies, to the Office of the
Secretary, U.S. Consumer Product Safety Commission, 4330 East West
Highway, Bethesda, Maryland 20814-4408; telephone (301) 504-7923.
Comments should be captioned ``ATV NPR.''
Comments to OMB should be directed to the Desk Officer for the
Consumer Product Safety Commission, Office of Information and
Regulatory Affairs, OMB, Washington, DC 20503. The Commission asks
commenters to provide copies of such comments to the Commission's
Office of the Secretary, with a caption or cover letter identifying the
materials as copies of comments submitted to OMB on the proposed
collection of information requirements for the proposed ATV standard.
FOR FURTHER INFORMATION CONTACT: Elizabeth Leland, Project Manager, ATV
Safety Review, Directorate for Economic Analysis, Consumer Product
Safety Commission, 4330 East West Highway, Bethesda, Maryland 20814-
4408; telephone (301) 504-7706 or e-mail: eleland@cpsc.gov.
SUPPLEMENTARY INFORMATION:
A. Background
The Commission is proposing rules that will cover single-rider
ATVs, tandem ATVs (intended for two people) and ATVs intended for
children under 16 years of age.\1\ These proposed rules include
proposed standards that specify mechanical requirements for ATVs and
informational requirements so that ATV purchasers and operators will
have safety information about ATVs. The Commission is also proposing to
ban three-wheeled ATVs. The Commission believes that these proposed
rules are necessary to address an unreasonable risk of injury and death
associated with ATVs.
---------------------------------------------------------------------------
\1\ The Commission voted unanimously to issue the notice of
proposed rulemaking with changes to address youth and adult ATV
training (subsection (g)). Commissioner Nancy A. Nord and
Commissioner Thomas H. Moore voted for additional changes not
included in Chairman Stratton's vote, including additional
instructions to staff and request for comments, a new subsection and
modifying language in the preamble. Commissioners Nord and Moore
issued statements which are available from the Commission's Office
of the Secretary or from the Commission's Web site, https://
www.cpsc.gov.
---------------------------------------------------------------------------
ATVs were first available in this country in the early 1970's, and
became increasingly popular in the early 1980's. With their rise in
popularity, the number of ATV-related incidents also rose. On May 31,
1985, the Commission published an advance notice of proposed rulemaking
(``ANPR'') stating the Commission's safety concerns and outlining
options the Commission was considering to address ATV-related hazards.
50 FR 23139. In 1987, the Commission filed a lawsuit under section 12
of the CPSA against the five companies that were major ATV distributors
at that time to declare ATVs an imminently hazardous consumer product,
see 15 U.S.C. 2061(b)(1).\2\ The lawsuit was settled by Consent Decrees
filed on April 28, 1988 that were effective for ten years.
---------------------------------------------------------------------------
\2\ The five distributors were American Honda Motor Co., Inc.,
American Suzuki Motor Corp., Polaris Industries, L.P., Yamaha Motor
Corp., USA, and Kawasaki Motors Corp., USA. In 1996, Arctic Cat,
Inc. began manufacturing ATVs and entered into an Agreement and
Action Plan with the Commission in which the company agreed to take
substantially the same actions as required under the Consent
Decrees.
---------------------------------------------------------------------------
1. The Consent Decrees
In the Consent Decrees, the distributors agreed to: (1) Halt the
distribution of three-wheel ATVs, (2) attempt ``in good faith'' to
devise a voluntary performance standard satisfactory to the Commission;
(3) label ATVs with four types of warnings, the language and format of
which were specified in the Consent Decrees; (4) supplement existing
owners manuals with safety text and illustrations specified in the
Consent Decrees and to prepare new owners manuals with specified safety
information; (5) provide point of purchase safety materials meeting
guidelines specified by the Consent Decrees, including hangtags, a
safety video, and other safety information; (6) and offer a rider
training course to ATV purchasers and members of their immediate
families at no cost. In addition, the Consent Decrees contained several
media and marketing provisions.
The distributors also agreed in the Consent Decrees that they would
``represent affirmatively'' that ATVs with engine sizes between 70 and
90 cc should be used only by those age 12 and older, and that ATVs with
engine sizes larger than 90 cc should be used only by those 16 and
older. Because distributors did not sell their products directly to
consumers but through dealerships (which were not parties to the
Consent Decrees), distributors agreed to ``use their best efforts to
reasonably assure'' that ATVs would ``not be purchased by or for the
use of'' anyone who did not meet the age restrictions. While the
Consent Decrees were in effect, the distributors entered into
agreements with the Commission and the Department of Justice agreeing
to monitor their dealers to determine whether they were complying with
the age recommendations and to terminate the franchises of dealers who
repeatedly failed to provide the appropriate age recommendations.
2. Development of the Voluntary Standard for Single-Rider ATVs
Industry had begun work on a voluntary standard before the Consent
Decrees were in place. Distributors that were parties to the Decrees
agreed to work in good faith to develop a voluntary standard that was
satisfactory to the Commission within four months of the signing of the
Consent Decrees. The five companies, working through the Specialty
Vehicle Institute of America (``SVIA''), submitted a standard
[[Page 45905]]
for approval as an American National Standards Institute (``ANSI'')
standard in December 1988. On January 13, 1989, the Commission
published a notice in the Federal Register concluding that the
voluntary standard was ``satisfactory'' to the Commission.\3\ 54 FR
1407. The standard, known as ANSI/SVIA 1-2001, The American National
Standard for Four Wheel All-Terrain Vehicles--Equipment, Configuration,
and Performance Requirements, was first published in 1990, and was
revised in 2001. The ANSI standard has requirements for the mechanical
operation of ATVs, but does not contain any provisions concerning
labeling, owners manuals or other information to be provided to the
purchaser because such requirements were stated in the Consent Decrees
that were in effect when the ANSI standard was developed. As discussed
in section G.3, ANSI now has a draft voluntary standard for tandem
ATVs.
---------------------------------------------------------------------------
\3\ In the FR notice, the Commission noted that it
``specifically reserved its rights under the consent decrees to
institute certain enforcement or rulemaking proceedings in the
future.'' 54 FR 1407.
---------------------------------------------------------------------------
3. ATV Action Plans/Letters of Undertaking
The Consent Decrees expired in April 1998. The Commission entered
into voluntary ``Action Plans,'' also known as ``Letters of
Undertaking'' or ``LOUs,'' with eight major ATV distributors (the five
who had been parties to the Consent Decrees, plus Arctic Cat, Inc.,
Bombardier, Inc. and Cannnondale Corporation, which no longer makes
ATVs) See 63 FR 48199 (summarizing Action Plans).\4\ Except for
Bombardier's, all of the Action Plans took effect in April 1998 at the
expiration of the Consent Decrees. (Bombardier's took effect in 1999
when the company began selling ATVs.) The companies agreed to continue
many of the actions the Consent Decrees had required concerning the age
recommendations, point of sale information (i.e., warning labels,
owners manuals, hang tags, safety alerts, and safety video),
advertising and promotional materials, training, and stopping
distribution of three-wheeled ATVs.
---------------------------------------------------------------------------
\4\ These documents are available on CPSC's Web site at
www.cpsc.gov/library/foia/foia98/fedreg/honda.pdf; www.cpsc.gov/
library/foia/foia98/fedreg/suzuki.pdf; www.cpsc.gov/library/foia/
foia98/fedreg/kawasaki.pdf; www.cpsc.gov/library/foia/foia98/fedreg/
polaris; www.cpsc.gov/library/foia/foia98/fedreg/yamaha.pdf;
www.cpsc.gov/library/foia/foia98/fedred/arctic.pdf; and
www.cpsc.gov/library/foia/foia99/pubcom/bobard.pdf.
---------------------------------------------------------------------------
4. Termination of Previous Rulemaking
As mentioned above, the Commission issued an ANPR concerning ATVs
in 1985, but chose to pursue legal action under section 12 of the CPSA
instead of taking regulatory action. In 1991, the Commission terminated
the rulemaking proceeding it had started with the 1985 ANPR. 56 FR
47166. The Commission observed in its termination notice that, at the
time of the termination, the Consent Decrees were in effect, the five
ATV distributors had agreed to conduct monitoring of dealers'
compliance with the Consent Decrees' provisions, and ATV-related
injuries and deaths were declining. The ATV-related injury rate for the
general population (per ATV) had dropped by about 50 percent between
1985 and 1989, and ATV-related fatalities had declined from an
estimated 347 in 1986 to about 258 in 1989. Id. At 47170.
The Commission's termination of its rulemaking proceeding was
challenged by the Consumer Federation of America (``CFA'') and U.S.
Public Interest Research Group (``PIRG'') arguing that withdrawing the
ANPR rather than pursuing a ban on the sale of new adult-size ATVs for
use by children under 16 was arbitrary and capricious. The court upheld
the Commission's decision. Consumer Federation of America v. Consumer
Product Safety Commission, 990 F.2d 1298 (D.C. Cir. 1993). The court
noted that it was reasonable for the Commission to determine the
effectiveness of the Consent Decrees and monitoring activities before
considering whether additional action would be necessary. Id. at 1306.
5. CFA's Petition and the Chairman's Memo
In August 2002, CFA and eight other groups requested that the
Commission take several actions regarding ATVs. CPSC docketed the
portion of the request that met the Commission's docketing requirements
in 16 CFR Sec. 1051.5(a). That request asked for a rule banning the
sale of adult-size four wheel ATVs for the use of children under 16
years old. The Commission solicited public comments on the petition. 67
FR 64353 (2002). In 2003, the Commission held a public hearing in West
Virginia, and the Chairman held hearings in Alaska and New Mexico to
hear oral presentations from the public about ATVs. The staff prepared
a briefing package analyzing the petition and recommending that the
Commission deny the petition (available on the Commission's Web site at
www.cpsc.gov/library/foia/foia05/brief/briefing.html). (After an
initial vote on October 6, 2005 to defer a decision on the petition,
the Commission voted 2-1 to deny the petition when it voted on July 12,
2006 to issue this NPR. The statements issued by Commissioner Nord and
Commissioner Moore, referenced in footnote 1, also discuss their votes
on the petition.)
On June 8, 2005, Chairman Hal Stratton delivered a memorandum to
the staff asking the staff to review all ATV safety actions and make
recommendations on a number of issues. The memo directed the staff to
consider whether: (1) The current ATV voluntary standards are adequate
in light of trends in ATV-related deaths and injuries; (2) the current
ATV voluntary standards or other standards pertaining to ATVs should be
adopted as mandatory standards by the Commission; and (3) other
actions, including rulemaking, should be taken to enhance ATV safety.
The memo also identified several specific issues for the staff to
review, namely: (1) Pre-sale training/certification requirements; (2)
enhanced warning labels; (3) formal notification of safety rules by
dealers to buyers; (4) the addition of a youth ATV model appropriate
for 14-year olds; (5) written notification of child injury data at the
time of sale; (6) separate standards for vehicles designed for two
riders; and (7) performance safety standards. The memo directed the
staff to give particular attention to improving the safety of young
riders.
6. 2005 ANPR
On October 14, 2005, the Commission published an ANPR that began
this proceeding. 70 FR 60031. The ANPR reviewed the history of the
Commission's involvement with ATVs, summarized the ANSI/SVIA-1-2001
standard, described regulatory and non-regulatory options to address
ATV-related injuries and deaths, and requested comments from the
public. Comments on the ANPR and the Commission's responses are
discussed at section H.
B. Statutory Authority
This proceeding is conducted pursuant to the Consumer Product
Safety Act (``CPSA'') and the Federal Hazardous Substances Act
(``FHSA''). All Terrain Vehicles are ``consumer products'' which can be
regulated by the Commission under the authority of the CPSA. See 15
U.S.C. 2052(a). However, the FHSA provides the Commission with
regulatory authority over articles intended for use by children. See 15
U.S.C. 1261(f)(1)(D). See also 15 U.S.C. 2079(d) (requiring, that the
Commission regulate under the FHSA if the risk of injury at issue can
be eliminated or sufficiently reduced by action under the FHSA unless
the Commission finds by rule that it is in the public interest to
[[Page 45906]]
regulate under the CPSA). Thus, the Commission is proposing standards
for adult 4-wheel ATVs and a ban of adult three-wheeled ATVs under the
CPSA, and is proposing a standard for youth ATVs, which includes a ban
of three-wheeled ATVs, under the FHSA.
1. The CPSA
Section 7 of the CPSA authorizes the Commission to issue consumer
product safety standards that consist of performance requirements and/
or requirements for warnings or instructions. Id. 2056(a). The
requirements of the standard must be ``reasonably necessary to prevent
or reduce an unreasonable risk of injury associated with such
product.'' Id.
Section 8 of the CPSA authorizes the Commission to issue a rule
declaring a consumer product a ``banned hazardous product'' when the
Commission finds that: The product is being, or will be, distributed in
commerce; the product presents an unreasonable risk of injury; and no
feasible consumer product safety standard would adequately protect the
public from the risk of injury. Id. 2057.
Section 9 of the CPSA specifies the procedure the Commission must
follow to issue a consumer product safety standard or a ban under
section 8. In accordance with section 9, the Commission commenced this
rulemaking by issuing an ANPR identifying the product and the risk of
injury, summarizing regulatory alternatives, and inviting comments or
suggested standards from the public. Id. 2058(a). 70 FR 60031 (2005).
The Commission considered the comments submitted in response to the
ANPR, and has decided to issue these proposed rules and a preliminary
regulatory analysis in accordance with section 9(c) of the CPSA. Next,
the Commission will consider the comments received in response to the
proposed rules and decide whether to issue final rules and a final
regulatory analysis. 15 U.S.C. 2058(c)-(f).
According to section 9(f)(1) of the CPSA, before promulgating a
consumer product safety rule, the Commission must consider, and make
appropriate findings to be included in the rule, concerning the
following issues: (1) The degree and nature of the risk of injury that
the rule is designed to eliminate or reduce; (2) the approximate number
of consumer products subject to the rule; (3) the need of the public
for the products subject to the rule and the probable effect the rule
will have on utility, cost or availability of such products; and (4)
means to achieve the objective of the rule while minimizing adverse
effects on competition, manufacturing and commercial practices. Id.
2058(f)(1).
According to section 9(f)(3) of the CPSA, to issue a final rule,
the Commission must find that the rule is ``reasonably necessary to
eliminate or reduce an unreasonable risk of injury associated with such
product'' and that issuing the rule is in the public interest. Id.
2058(f)(3)(A) & (B). In addition, if a voluntary standard addressing
the risk of injury has been adopted and implemented, the Commission
must find that (1) the voluntary standard is not likely to eliminate or
adequately reduce the risk of injury, or that (2) substantial
compliance with the voluntary standard is unlikely. Id. 2058(f)(3)(D).
The Commission also must find that expected benefits of the rule bear a
reasonable relationship to its costs and that the rule imposes the
least burdensome requirements that would adequately reduce the risk of
injury. Id. 2058(f)(3)(E) & (F).
Other provisions of the CPSA also authorize this rulemaking.
Section 27(e) provides the Commission with authority to issue a rule
requiring consumer product manufacturers to provide the Commission with
such performance and technical data related to performance and safety
as may be required to carry out the CPSA, and to give such performance
and technical data to prospective and first purchasers. Id. 2076(e).
This provision bolsters the Commission's authority under section 7 to
require provision of safety-related information such as hangtags,
instructional/owners manuals, safety videos, and training.
Section 14 of the CPSA authorizes the Commission to issue a rule
requiring certification that a product meets a consumer product safety
standard. Id. 2063(c). Section 14 also authorizes the Commission to
prescribe, by rule, reasonable testing programs for consumer products
subject to a consumer product safety rule. Id. 2063(b).
Finally, section 16 of the CPSA authorizes the Commission to issue
rules requiring establishment and maintenance of records needed to
implement the CPSA or to determine compliance with rules or orders
issued under the CPSA. Id. 2065(b).
2. The FHSA
The FHSA requires proceedings and findings similar to those
required by the CPSA. Section 2(f)(1)(D) of the FHSA defines
``hazardous substance'' to include any toy or other article intended
for use by children that the Commission determines, by regulation,
presents an electrical, mechanical, or thermal hazard. 15 U.S.C.
1261(f)(1)(D). An article may present a mechanical hazard if its design
or manufacture presents an unreasonable risk of personal injury or
illness during normal use or when subjected to reasonably foreseeable
damage or abuse. 15 U.S.C. 1261(s).
Under section 2(q)(1)(A) of the FHSA, an article intended for use
by children, which is a hazardous substance (as defined in the FHSA)
accessible by a child, is banned. 15 U.S.C. 1261(q)(1)(A). Under this
authority, the Commission can issue a rule stating that if a particular
article intended for use by children does not meet requirements that
the Commission specifies by rule, the item is banned. See Forester v.
Consumer Product Safety Commission, 559 F.2d 774, 782 (D.C. Cir. 1977).
Section 3(f) through 3(i) of the FHSA, 15 U.S.C. 1262(f)-(i),
describes the procedures to promulgate a regulation determining that an
article intended for children presents an electrical, mechanical, or
thermal hazard. The procedures are the same as those required for a
CPSA rule discussed above. 15 U.S.C. 1262(f) through (i).
Before the Commission can issue this type of final rule under the
FHSA, it must make many of the same findings necessary for a final CPSA
rule: (1) if an applicable voluntary standard has been adopted and
implemented, that compliance with the voluntary standard is not likely
to adequately reduce the risk of injury, or compliance with the
voluntary standard is not likely to be substantial; (2) that benefits
expected from the regulation bear a reasonable relationship to its
costs; and (3) that the regulation imposes the least burdensome
alternative that would adequately reduce the risk of injury. Id.
1261(i)(2).
Section 10 of the FHSA authorizes the Commission to issue
regulations ``for the efficient enforcement of'' the FHSA. Id. 1269(a).
This provision gives the Commission authority to issue the requirements
for certification, testing and recordkeeping in the youth ATV standard.
C. The Product
1. What's Covered by the Proposed Rules
An ATV is a motorized vehicle with three or four broad, low
pressure tires (less than 10 pounds per square inch) a seat designed to
be straddled by the operator, handlebars for steering, and it is
designed for off-road use. Most ATVs are designed for use by only one
person. However, some companies have developed ATVs intended for use by
the operator and one passenger. These
[[Page 45907]]
ATVs are referred to in this notice as tandem ATVs. The proposed rules
the Commission is issuing cover three-wheeled ATVs, four-wheeled adult
ATVs intended for single riders, four-wheeled adult tandem ATVs, and
ATVs intended for children under 16 years of age (referred to here as
youth ATVs).
2. Market and Sales Information
The market for ATVs has increased greatly since they were first
introduced over thirty years ago. The SVIA, an ATV trade association,
estimated that in 2005, there were 6.9 million ATVs in use. The market
is made of seven major distributors of ATVs (the companies that have
entered into voluntary LOUs with the Commission and are represented by
SVIA) and new entrants that import ATVs to the U.S. Sales by both
groups have increased over the past decade. U.S. retail sales of ATVs
by the seven major distributors have increased from an estimated
293,000 ATVs sold in the U.S in 1995 to an estimated 921,000 ATVs sold
in the U.S. in 2005. [4] \5\
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\5\ Numbers in brackets refer to documents listed at the end of
this notice. They are available from the Commission's Office of the
Secretary (see ``Addresses'' section above) or from the Commission's
web site (https://www.cpsc.gov/library/foia/foia.html)
---------------------------------------------------------------------------
3. Imports
Imports for the new entrants have increased markedly in recent
years. In the late 1990's, imports comprised a small portion of the ATV
market, near zero. In 2001, imports were estimated to account for about
5 percent of total U.S. sales. By 2004, imports had increased to 10
percent of the total U.S. market. [4]
In 2006, Commission staff has identified over 80 importers of ATVs.
Most of these firms import other products in addition to ATVs, such as
powered scooters, dirt bikes, go-carts and snow mobiles. A recent trade
report estimated that 100 to 150 Chinese manufacturers and an estimated
22 Taiwanese firms exported ATVs worldwide in 2005. The trade report
does not indicate what share of these firms'' output is exported to the
U.S., but based on another trade analysis, Commission staff estimates
that approximately 80,000 ATVs were exported from China to the U.S. in
2004 and approximately 14,000 ATVs were exported from Taiwan in that
year. There also appear to be imports from other countries in Europe
and Southeast Asia (notably South Korea and Vietnam), but the staff
does not have information on the extent of such imports. [4]
Staff has observed that imported ATVs may lack some or all of the
labeling specified in the LOUs. On such ATVs, labels may be unclear,
translated incorrectly, or in a language other than English. Staff has
also found that owner's manuals for imported ATVs may not provide
information that could be understood by U.S. consumers (e.g.,
information that conflicts with labeling, measurements in unfamiliar
measuring systems). [8]
4. Marketing
The major distributors have traditionally marketed ATVs through
franchises, either as free-standing locations or in conjunction with
other related retail operations (such as motorcycle retailers). [4]
Imported ATVs are sold in a variety of ways. They may be sold
through distributors, including some of the major distributors. Foreign
firms also market through U.S. importer/wholesalers who, in turn, may
market the products to retailers (including such mass marketers as Pep
Boys, Fleet and Farm, Wal-Mart, Sam's Club, and BJ's). Some importer/
suppliers also have dealer networks. [4]
Imported ATVs also are offered for sale directly to consumers
through import brokers who transship imported units to retailers (or
consumers), often without taking physical control of the products. Web
sites offering ATVs for sale are ubiquitous. A recent CPSC surveillance
effort reported that there were literally hundreds of Web sites
offering ATVs for sale, but the staff does not know the extent of
actual purchases through the Internet. [4]
5. Consumer Prices
The staff's 2004 market study observed that the major distributors'
suggested retail price for ATVs ranged from about $2,000 to $8,000; the
median suggested retail price was $5,150. As a subgroup, the price
ranges for youth ATVs from these manufacturers was $1,800 to $2,500.
The median suggested retail price for youth ATVs was about $2,300. [4]
A recent staff Internet search of new ATVs with brand names other
than those of the North American distributors, offered for sale by
business entities, found youth ATV models ranging from about $320 to
$950 each, with an average price of about $630. Larger ATVs ranged from
about $600 to $2,400, with an average of $1,340. The cited prices
included the cost of shipping to points within the lower 48 states from
the dealers' U.S. warehouses. Thus, it appears that ATVs from
importers/new entrants may have a significant price advantage over the
major distributors' products. [4]
D. Risk of Injury
As noted in the 2005 ANPR, the most recent annual report of ATV
deaths and injuries that the Commission has issued is the 2004 Annual
Report (which was issued in September 2005). According to that report,
the Commission had reports of 6,494 ATV-related deaths that have
occurred since 1982. Of these, 2,019 (31 percent of the total) were to
children under 16 years of age and 845 (13 percent of the total) were
to children under 12 years of age. According to the 2004 Annual Report,
569 ATV-related deaths were reported to the Commission for 2003. Deaths
reported to the Commission represent a minimum count of ATV-related
deaths. To account for ATV-related deaths that are not reported to the
Commission, the staff calculates an estimated number of ATV deaths. The
most recent estimate of ATV-related deaths for 2003 is 740. [3]
CPSC collects information on hospital emergency room treated
injuries. The estimated number of ATV-related injuries treated in
hospital emergency rooms in 2004 was 136,100. This is an increase of
about eight percent over the 2003 estimate. The estimated number of
injuries to children under 16 in 2004 was 44,700 (about 33 percent of
the total estimated injuries for 2004). [3]
The staff also estimates the risk of injury and the risk of death
per 10,000 ATVs in use. According to the 2004 Annual Report, the
estimated risk of injury for four-wheel ATVs for 2004 was 187.9
injuries per 10,000 four-wheel ATVs in use. A recent high in the
estimated risk of injury occurred at 200.9 in 2001. The estimated risk
of death for four-wheel ATVs in 2003 was 1.1 deaths per 10,000 four-
wheel ATVs in use. In 1999, the earliest comparable year due to changes
in data collection, the estimated risk of death was 1.4 deaths per
10,000 four-wheel ATVs in use. [3]
Based on injury and exposure studies conducted in 1997 and, most
recently, in 2001, the estimated number of ATV-related injuries treated
in hospital emergency rooms rose from 52,800 to 110,100 (a 109 percent
increase). Injuries to children under 16 rose 60 percent. During these
years, the estimated number of ATV drivers rose from 12 to 16.3 million
(a 36 percent increase); the estimated number of driving hours rose
from 1,580 to 2,360 million (a 50 percent increase); and the estimated
number of ATVs rose from 4 to 5.6 million (a 40 percent increase). The
chief finding of the 2001 Report was that increases in the estimated
[[Page 45908]]
numbers of drivers, driving hours and vehicles did not account for all
of the increase in the estimated number of ATV injuries. [3]
E. Children and ATVs
During its involvement with ATVs, the Commission has been
particularly concerned with reducing the ATV-related deaths and
injuries suffered by children. The Consent Decrees established age
guidelines, which the major distributors continue through their Letters
of Undertaking. In the Consent Decrees, the major distributors agreed
to represent and to make their best efforts to see that their dealers
also abided by age recommendations in their dealings with purchasers.
These age recommendations were based on the ATV's engine size (measured
as cubic centimeter (``cc'') displacement). They established that an
ATV with an engine that is larger than 90 cc should be used only by
those 16 years of age and older, and that an ATV with an engine size
between 70 and 90 cc should be used only by those 12 years of age and
older. Thus, ATVs with engine sizes larger than 90 cc have been
considered adult ATVs.
Yet, in spite of these efforts through the Consent Decrees and
LOUs, recent Commission staff studies have shown that many children
ride adult ATVs, and that injury rates are climbing. The Commission's
injury and exposure studies indicate that injuries to children under
age 16 rose 60 percent from 1997 to 2001. Although the number of
children riding ATVs also rose during this period, that increase does
not fully account for the rise in incidents.
The age delineations in the Consent Decrees made no mention of
speed limits. However, the ANSI/SVIA-1-2001 voluntary standard does
categorize youth ATVs by reference to speed limits. The voluntary
standard requires that Y-6 ATVs (intended for ages 6-11) have devices
to limit their speed to not more than 10 mph and allow upward
adjustment to a maximum unrestricted speed of 15 mph. Y-12 ATVs
(intended for ages 12-16) have similar requirements to limit speed to
not more than 15 mph and allow upward adjustment to a maximum
unrestricted speed of 30 mph.
The Commission is proposing to change the categorization of ATVs
based on engine size that the Consent Decrees established. Instead the
Commission proposes three categories of youth ATVs based on maximum
speed of the ATV. The 90cc policy is design restrictive; engine size
does not necessarily restrict ATV size, nor does it necessarily
regulate maximum unrestricted speed; staff cannot make assumptions
(e.g., speed, power, weight, or size) about all ATVs of a certain
engine size based solely on the engine displacement values; and the
current voluntary standard for ATVs categorizes youth ATVs by speed
limiting characteristics, not engine size.
The Commission's ESHF staff considered several sources to determine
appropriate categories of ATVs. Based on developmental characteristics,
children are typically grouped as: age 5 through 7 or 8; age 8 or 9
through 11 or 12; age 12 through 15; and age 16 and up. Children, of
course, do not all develop at the same rate, but these groupings are
appropriate for most.
The CPSC staff's Age Determination Guidelines, state that children
age 6 through 8 years can operate slow-moving motorized vehicles, and
that children age 9 through 12 years can operate motorized vehicles
with gear shifting up to 10 miles per hour. The guidelines state a
clear demarcation with the teenage years: ``faster [than 10 mph] moving
motorized [vehicles] are generally not appropriate even for 12-year-
olds because of the difficulty associated with both balancing and
steering the vehicle while moving.'' Since ATVs require significant
balance and control, it seems most appropriate to have an age division
around the late pre-teen/early teenage years. Based on youth attributes
described in the Age Determination Guidelines, reasonable youth ATV
categories would be Y-6 (``slow-moving,'' no gear shifting), Y-9
(speeds 5-15 mph, gear shifting acceptable) and Y-13 (since the Age
Determination Guidelines stop at age 12, no specifications can be made
based on them). Additionally, the Age Determination Guidelines mention
that 9-to 12-year-olds are generally ``aware of traffic laws, but they
are very likely to engage in high-risk behaviors like riding in traffic
and stunt riding.''
In addition to cognitive development, appropriate age groupings
should account for children's physical size. Analysis of children's
physical growth suggests groupings with breaks roughly at around ages 8
to 9 and 11 to 13, acknowledging that growth will be rapid between ages
11 and 16 for both males and females.
Groupings set out in the Age Determination Guidelines can be used
to delineate three categories for youth ATVs based on maximum speed of
the ATV. For the youngest category, the Age Determination Guidelines
indicate that the ATV should be ``slow-moving.'' One method of defining
``slow moving'' could be slow enough to allow parents to walk or jog
with the ATV to facilitate supervision. Under this premise, it would be
reasonable to set the maximum speed for the slowest youth ATV between
the jogging speed and running speed. Research indicates that is about 9
to 10 mph. Based on the Age Determination Guidelines, the next category
should be roughly 10 to 15 mph. The Age Determination Guidelines do not
extend past 12 years of age, but it is reasonable to assume that the
third category could be faster than 10 mph and that older, more
experienced teens may be able to handle speeds higher than 10 to 15
mph. The Commission's ESHF staff has found no scientific research to
support either raising or lowering the current 30 mph speed limit for
teens. Thus, 30 mph is a reasonable top speed for the third category of
youth ATVs.
Proposed ATV Models and Intended Ages
------------------------------------------------------------------------
ATV Model age (years) Speed range
------------------------------------------------------------------------
Junior 6 +................................ 10 mph or less.
Pre-teen 9 +.............................. 10*-15 mph.
Teen 12 +................................. 15*-30 mph.
Adult 16 +................................ Not restricted.
------------------------------------------------------------------------
* With speed limiter.
Although the weight of the ATV can play a role in the suitability
of an ATV for a youth, the Commission does not have sufficient
information to set an appropriate weight for youth ATVs.
Frame size also plays a role in the appropriateness of an ATV for a
child. Several commenters have expressed frustration with the current
ATVs available for children because the smaller frames of these ATVs
will not fit some 13 to 15 year olds. Establishing categories based on
speed limit rather than engine size may encourage manufacturers to
offer ATVs with larger frames (and larger engines), but with limited
maximum speeds that would be appropriate for children.
The availability of such youth ATVs may shift a number of young
riders to youth ATVs rather than larger adult models. This would
increase safety. Commission analysis indicates that the injury rate for
ATV riders under the age of 16 who are driving adult ATVs is about
twice the expected injury rate of those who are driving age-appropriate
ATVs. Moreover, these categories may enable more children to receive
formal ATV training. The largest and best established formal training
programs will not train children under age 16 unless they are riding an
appropriate youth model. [8]
The proposed rule also requires that youth ATVs must have automatic
[[Page 45909]]
transmissions. Based on the Age Determination Guidelines, ESHF staff
believes that manual transmission ATVs are inappropriate for children
under 9 years of age. Due to the high cognitive load required to
operate complex motorized vehicles, HF staff believes it best to allow
all children below 16 years of age to master driving skills before
learning to coordinate gear shifting with the many other skills
involved when riding.
F. Training
In the 1980s, Commission staff worked with the major ATV
distributors to develop the predecessor to the current ATV training
course that is offered through the ATV Safety Institute (``ASI''), the
non-profit training division of the SVIA. Training is important because
operating an ATV seems deceptively easy; steering controls are similar
to a bicycle, and the throttle is generally simply lever-operated with
the thumb. ATVs are, however, high-speed motorized vehicles that
require repeated practice to drive proficiently. Operating an ATV is
somewhat comparable to operating other complex motorized vehicles. ATVs
have top speeds approaching that of automobiles on highways, yet have
as little protection from oncoming objects as a motorcycle. Even at
relatively low speeds (20-30 mph) they can take as much skill to
operate as an automobile because the operator requires: (1) Situational
awareness to negotiate unpaved terrain with both eye-level hazards
(trees, other ATVs) and trail-level hazards (ditches, rocks, hidden
holes); and (2) quick judgments including not only steering, speed, and
braking, but also terrain suitability, weight shifting and other active
riding behaviors. [12]
Formal, hands-on training teaches drivers how the ATV responds in
situations that are typically encountered. ATV training may act as a
surrogate for experience because it exposes new ATV drivers to
situations they will encounter when riding off-road and teaches them
the proper driving behavior to navigate those situations.[12]
All of the major distributors offer training through the ASI. In
spite of the offers of free training and other incentives, relatively
few ATV riders take formal safety training. According to a 2004 study
by SVIA, only about 7 percent of new purchasers actually took training.
The newer entrants to the market do not offer any training with their
ATVs. These manufacturers account for about 10 percent of domestic ATV
sales, but their share of the market has been increasing. [4 & 12]
The Commission is proposing to require that manufacturers provide
purchasers with a certificate for free training for the purchaser and
any member of his/her immediate family who meets the age
recommendations for the ATV. The benefits of training to new ATV
purchasers could be substantial. As stated above, training may act as a
surrogate for experience. The greatest risk of injury occurs with
inexperienced riders. Staff's analysis of ATV incident data has found a
strong inverse relationship between driving experience and the risk of
hospital emergency department-treated injury. The analysis indicates
that risk in the first year of riding was about 65 percent higher than
the risk in the second year, and about twice the risk of the third
year. [8]
The proposed rules outline the basic content that a free training
course must have. This curriculum is based on CPSC safety messages and
the ``ATV Rider's Course Outline'' from the Consent Decrees. In
addition to instruction about the basic maneuvers that are necessary to
operate an ATV safely, the course must include instruction about the
risks of ATV-related deaths and injuries, the importance of safety
equipment, and the importance of avoiding the warned against behaviors
that are stated in the general warning label (such as children not
riding ATVs, not driving on paved roads, etc.). [12]
In many ways, training is essentially an extension of the warning
labels and owners instruction manuals. The training course provides the
rider with a fuller understanding of the risks involved in riding an
ATV and of the actions he/she can take to avoid or reduce these risks.
G. Description of Proposed Standards
1. General
The proposed standards draw from the ANSI/SVIA 1-2001 standard for
four-wheel ATVs (for single rider ATVs), the draft voluntary standard
for tandem ATVs, the Consent Decrees, and the LOUs. The Commission has
pulled together elements from all of these sources to construct
proposed standards with the goal of reducing ATV-related deaths and
injuries. Both the adult and youth standards require that ATVs meet
requirements for the mechanical operation of the ATV, informational/
point of sale requirements, and certification and recordkeeping
requirements.
The Commission believes that the reduction of deaths and injuries
from both adult and youth ATVs will require the active participation
and cooperation of the ATV industry and we encourage their
recommendations for additional safety provisions to the proposed
mandatory standards. The creation of viable, safer youth ATVs will be
an important component of any final rule.
2. Requirements for Adult Single Rider ATVs
a. Definitions
All terrain vehicle or ATV is defined as ``a three-or four-wheeled
motorized vehicle that travels on low pressure tires, has a seat
designed to be straddled by the operator (and a passenger if provision
is made for carrying a passenger), has handlebars for steering, and is
intended for off-road use on non-paved surfaces.'' The definition of
ATV states that for purposes of this part, an ATV is one that is
intended for an operator 16 years of age or older. The term
``manufacturer'' is defined to include an importer for purposes of the
ATV standards. Many of the definitions in the proposed standard are
derived from the ANSI/SVIA-1-2001 standard.
b. Equipment and Configuration Requirements
General. Section 1410.5 proposes requirements for various aspects
of the mechanical operation of adult single-rider ATVs. Many of these
requirements are substantially the same as requirements of the ANSI/
SVIA-1-2001 voluntary standard. However, the CPSA requires that
consumer product safety standards be stated as performance rather than
design standards. Thus, some requirements that were stated in the ANSI
standard in terms of design have been modified to establish performance
requirements.
The provisions of this section ensure that there will be uniformity
in the basic operation of ATVs from one make or model to another.
Proposed configuration requirements for vehicle controls, indicators,
and gearing ensure the standardized instrumentation and safety features
of current ATVs. It is important that the location and method of
operation of safety related controls, such as brake controls and engine
stop switch, be standardized to reduce operator confusion. The
specified requirements are consistent with current ATV practice which
is based on the National Highway Traffic Safety Administration
requirements for motorcycle control location and operation requirements
(49 CFR 571.123). [5]
Operator Foot Environment. Proposed performance requirements for
operator foot environment ensure adequate vehicle configuration that
reduces inadvertent contact between the
[[Page 45910]]
operator's feet and the ground or the ATV's rear wheels. Operator foot
contact with the ground or the ATV's rear wheels has been identified as
a hazard pattern among ATV-related injuries. Differing zones are
defined for ATVs equipped with footpegs (designed to support the
operator's foot with a relatively narrow bar), and footboards (designed
to support the operator's foot with a platform-type structure). [5]
Lighting. Proposed lighting requirements mandate headlamps, tail
lamps, and stop lamps on all adult ATVs. The lighting equipment must
conform to applicable referenced standards. This provision was adopted
from the ANSI/SVIA-1-2001 standard. Nighttime riding can be expected
with adult ATVs and requirements for industry standard headlamps will
ensure minimum illumination for night-time or safer operation of the
vehicle. [5 & 7]
VIN or PIN. The proposed standard requires that each ATV have
assigned a unique vehicle identification number (``VIN'') in accordance
with 49 CFR Part 565 or a product identification number (``PIN'') in
accordance with Recreation Off-Road Vehicle Product Identification
Numbering System, SAE International Consortium Standard, ICS-1000,
issued 2004-9. If the ATV has a VIN number, the characters in location
4 and 5 of the number must be ``A'' and ``T'', respectively to identify
the vehicle as an ATV and an off road vehicle. Having a VIN or PIN on
every ATV can be helpful if an ATV is the subject of a corrective
action. The VIN or PIN should also permit tracing the ATV back to its
retailer to determine compliance with applicable requirements.
Maximum speed capability and brake requirements. Procedures are
outlined for the measurement of a loaded vehicle's maximum speed. The
maximum speed is used to determine the brake test speed and conformance
to the youth ATV speed restriction requirements. [5]
The proposed standard establishes performance tests for service
brakes and parking brakes. Reliable brake performance is critical to
the safety of an ATV operator. The requirements specify a braking
deceleration of 5.88m/s\2\ (0.6g) or greater for service brakes and
brake holding power up to a 30 percent grade for parking brakes. [5]
These proposed requirements establish minimum brake performance to
ensure that brake systems are adequate for stopping the vehicle and
holding the vehicle on an incline. The specified requirements are
consistent with current ANSI/SVIA-1-2001 voluntary standard
requirements which are patterned after those in the Federal Motor
Vehicle Safety Standard No. 122 Motorcycle Brake Systems (49 CFR
571.122).
The proposed requirements deviate from the current ANSI/SVIA-1-2001
requirements in terms of the vehicle test weight used to perform
service brake tests. The current voluntary standard specifies the test
weight as the unloaded vehicle weight plus 91 kg (200 lb) if the
vehicle load capacity is specified as 91 kg (200 lb) or more. The
proposed requirements specify the test weight as the unloaded vehicle
weight plus the vehicle load capacity. This will ensure that larger
vehicles with larger load capacities do not have a less stringent brake
requirement (by using a comparatively lower test weight during brake
tests).
Stability requirements. The standard proposes the same pitch
stability requirements as the ANSI/SVIA-1-2001 voluntary standard. The
pitch stability for single-rider ATVs is based on the longitudinal tilt
angle of a vehicle without an operator. A vehicle's longitudinal tilt
angle can be calculated by measuring the vehicle's front and rear
weights and balancing angle (angle at which vehicle is balanced on its
rear wheels) or it can be measured on a tilt table. The ANSI/SVIA-1-
2001 voluntary standard requires calculation of a vehicle's
longitudinal pitch angle which must be 45 degrees or higher to meet the
pitch stability requirement. The proposed requirements adopt this test
procedure and minimum tilt angle for single-rider ATVs, and add a tilt
table option to address larger ATVs whose weights could make it unsafe
to follow the voluntary standard procedures for measuring and
calculating the pitch stability.
The proposed pitch stability requirements deviate from ANSI/SVIA-1-
2001 in terms of the test conditions of the vehicle. The current
voluntary standard specifies that the vehicle tires be inflated to the
ATV manufacturer's lowest recommended pressure. The proposed
requirements specify that the tires be inflated to the ATV
manufacturer's highest recommended pressure. This will ensure that the
vehicle configuration with the highest expected center of gravity will
be tested.
Over the years, the Commission has analyzed the issue of ATV
stability. Because ATVs are rider-active vehicles (that is, their
performance is affected by the rider's movements), it is difficult to
evaluate an ATV's actual stability. A satisfactory static test has been
developed to measure an ATV's pitch stability (movement from front to
back). At this point in time, the industry has not been able to develop
a satisfactory test of lateral stability (movement from side to side).
Thus, the ANSI/SVIA-1-2001 standard has a requirement for pitch
stability, but not for lateral stability. The Commission's proposed
standard likewise contains requirements only for pitch stability.
However, the Commission encourages the industry to continue to pursue
an accurate and reliable test for lateral stability.
c. Information/Point of Sale Requirements
The proposed standard mandates by rule many similar information/
point of sale requirements as were specified in the Consent Decrees and
subsequently continued in the LOUs. This subpart of the proposed
standard contains requirements for labeling, hangtags, age
acknowledgment forms, instructional/owner's manuals, a safety video,
and instructional training.
Warning labels. The Consent Decrees specified four labels to appear
on all ATVs: (1) a general warning label, (2) an age recommendation
label, (3) a passenger warning label, and (4) a tire pressure and
overloading warning label. Most ATVs include these or substantially
equivalent labels as well as other discretionary warning labels.
However, imported ATVs may not have all of these warning labels, the
labels may be unclear or they may not be in English.
The proposed rule requires labels that are similar to those
required by the Consent Decrees, but allows more flexibility. The
warning labels have evolved since the Consent Decrees, and the major
distributors currently use their own copyrighted labels that present
substantially the same warnings. In the case of the general warning
label and the passenger label, the distributors sought Commission
approval for new labels that included pictograms and somewhat different
wording than had been specified in the Consent Decrees.
Like the Consent Decrees, the proposed rule requires a general
warning label, an age recommendation warning label, a passenger warning
label and a tire pressure/overloading label (or labels). All of the
warning labels must display the safety alert symbol in accordance with
section 4.1 of ANSI Z535.4-2002, American National Standard for Product
Safety Signs and Labels, and the word ``WARNING'' in capital letters.
The format for all of the labels must be consistent with the ANSI
Z535.4-2002 standard. The proposed rule requires the same location for
the single-rider ATVs as was required by the Consent Decrees. The
proposed rule
[[Page 45911]]
requires the warning labels to be in English.
The proposed rule specifies statements for these warning labels and
requires that the warning labels provide these, or substantially
equivalent, statements. This should enable provision of the vital
safety information but allow some flexibility to manufacturers who are
using labels that are consistent with, but not identical to, the
Consent Decree labels.
General warning label. The proposed rule requires a general warning
label that contains the same statements, or substantially equivalent
ones, as the general warning label required by the Consent Decrees.
This label warns that ATVs can be hazardous to operate and that severe
injury or death can result if the operator does not follow instructions
to: Read the owners manual and all labels; never operate the ATV
without proper instruction; never carry a passenger; never operate the
ATV on paved surfaces or on public roads; always wear a helmet and
protective clothing; never consume alcohol or drugs before or while
operating ATVs; never operate the ATV at excessive speeds; and never
attempt wheelies, jumps or other stunts. The proposed rule states that
the warning statements may be arranged on the label to group the
prohibited actions together and the required actions together. This is
how many of the current general warning labels are arranged. The
location is to be the same as specified in the Consent Decrees.
Age recommendation warning labels. The content of the age
recommendation warning labels differs from the Consent Decree labels.
The Commission's Human Factors staff concluded that the Consent Decree
age labels for adult ATVs are vague about the nature of the hazard they
are warning against and may not be as persuasive as they could be. The
primary reasons for the age recommendations are children's lack of
experience and, particularly, their immature judgment. If the reasons
for the age recommendations are not explicitly described in the label,
parents may rationalize why their children are exceptions to the
recommendations. Thus, the proposed rule requires the following, or
substantially similar statement: ``Even youth with ATV experience have
immature judgment and should never drive an adult ATV.'' The proposed
age recommendation label also differs from the Consent Decree label by
directing the message to the supervising parents rather than to the
child, who is likely to ignore it. Thus, the proposed rule requires the
following, or substantially equivalent, statement: ``Letting children
under the age of 16 operate this ATV increases their risk of severe
injury or death. NEVER let children under age 16 operate this ATV.''
[10]
Passenger warning label. The proposed rule specifies different
wording for the passenger warning label than the Consent Decrees
required. The major distributors are currently using a passenger label
that differs from the Consent Decrees. As with the general warning
label, they asked for and received approval from the Commission for a
different passenger label. Both the current label and the Consent
Decree label identify that the hazard caused by a passenger is that the
ATV may go out of control, but the labels do not state how the presence
of a passenger can lead to loss of control. To address this, the
proposed standard requires the following, or substantially similar,
statement: ``Passengers can affect ATV balance and steering. The
resulting loss of control can cause SEVERE INJURY or DEATH.'' The
proposed standard also requires the statement (or a substantially
similar one): ``NEVER ride on this ATV as a passenger.'' The proposed
language inserts the phrase ``on this ATV'' because, with the
development of tandem ATVs, some ATVs are intended to carry passengers.
[10]
Tire pressure and overloading label(s). Like the Consent Decrees,
the proposed standard allows the option of having the tire pressure
warning and the overloading warning in separate warning labels or
combined into one label. The proposed content of the label(s) is the
same as specified in the Consent Decrees.
Label durability. The proposed rule requires that all of the
warning labels must meet the durability requirements of Underwriters
Laboratories Standard UL 969, fourth edition, October 3, 1995. This
should ensure that the labels will remain on the ATVs and legible for
operators to see.
Discretionary warning labels. The proposed standard allows
manufacturers to display additional warning labels on ATVs so long as
they are consistent with ANSI Z535.4-2002, American National Standard
for Product Safety Signs and Labels ANSI Z535.4 (2002) and are affixed
to the ATV in an appropriate location that does not detract from the
required warning labels. [10]
Hangtags. Like the Consent Decrees, the proposed standard requires
that certain hangtags be present on the ATV at the point of sale. The
hangtags must provide the contents of the general warning label, a
statement that the hangtag is not to be removed before sale, and a
statement directing the purchaser to check with the ATV dealer about
state or local laws concerning ATVs. The hangtags must be conspicuous
and must be at least 4 by 6 inches.
Age acknowledgement form. The proposed rule requires that before
the sales transaction, the ATV retailer must provide the purchaser with
an age acknowledgement form, the content of which is specified in the
proposed rule. The form tells the purchaser that the ATV he/she is
considering is for adults and that children have immature judgment and
should never drive an adult ATV. The form states the number of children
who have died and who have been injured on adult ATVS in each year
since 2001 and informs the purchaser that youth ATVs are available. The
retailer must require the purchaser to sign the acknowledgement form
before the sales transaction; must provide the purchaser and
manufacturer with a copy of the form; and must maintain the original
for at least five years. The signed forms must be available for
Commission inspection upon request.
The purpose of the age acknowledgment form is to ensure that
everyone who purchases an adult ATV is aware that it is not intended to
be ridden by anyone under 16 and that children can be severely injured
or die when riding an adult ATV. The Commission has received comments
from parents indicating that they were unaware of the hazard adult ATVs
pose for children until their child became injured or killed while
riding one. Even with the current warning labels on ATVs stating this
hazard and with the LOU provisions that voluntarily continue the major
distributors' agreement to follow the age guidelines of the Consent
Decrees, apparently some consumers purchase adult ATVs without knowing
that a child should not ride them. Requiring purchasers to sign a form
which states the age recommendations will inform the purchaser of the
risks to children riding adult ATVs and could influence them to
prohibit children under 16 from riding one. [8 & 11]
Instructional/owners manuals. Like the Consent Decrees, the
proposed rule requires that ATVs be provided with an instructional/
owners manual. The proposed rule continues many of the Consent Decrees'
requirements for the manuals. They must be written to convey
information about the safe operation and maintenance of the ATV, be
written plainly in language that is comprehensible to a 7th grader, and
be consistent with other required safety messages. The basic content of
the
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manual is specified much as it was in the Consent Decrees. The proposed
rule adds a requirement that the manuals be in English.
An introductory safety section must contain certain specified
safety messages. This section concludes with CPSC's website and phone
number, and the manufacturer must provide a contact number for the
purchaser to obtain further ATV safety information. The manufacturer
also must provide a phone number or email address for the owner to
report any safety issues (this could be the same phone number). The
section of the manual that describes proper operating procedures must
include narrative text identifying potential hazards, possible
consequences, and describing how to avoid or reduce the risk of those
hazards. This text must also include relevant warning statements
required by the standard. The manufacturer must retain a copy of the
manual for each model for 5 years and make it available for CPSC
inspection upon request.
Safety Video. The proposed rule requires the retailer to provide
the purchaser with a safety video before the sales transaction is
completed. The requirements for the safety video are substantially the
same as those set out in the Consent Decrees. The video is to include
the contents of the hang tag, the concept of knowing one's limitations
when operating an ATV, the importance of gradually progressing from
basic to more complex maneuvers, and the importance of remaining alert
while operating the ATV. The video also must include ATV-related death
and injury statistics, both for all riders and for children under the
age of 16, which can be stated in rolling five-year averages. These
must be updated when there is a statistically significant change in the
statistics. The video must be made available to the purchaser in at
least one commonly used format, such as VHS or DVD. The manufacturer
must retain a copy of the video for 5 years and make it available for
CPSC inspection upon request.
The Commission believes that providing the safety video is an
extension of the safety messages specified in the warning labels and
the instructional/owners manual. The video provides safety information
through a readily accessible medium. It can impart more detailed safety
information than a warning label can. A purchaser might be more
inclined to watch a safety video shortly after purchasing an ATV than
he/she would be to read the entire owner's manual with all of its
safety information.
Instructional Training. The proposed rule requires ATV
manufacturers to provide to purchasers a training course (at no cost)
for the purchaser and each member of the purchaser's immediate family
who meets the minimum age recommendation for the ATV that is being
purchased. At the time of sale, the retailer must deliver to the
purchaser a certificate which is valid for attendance at a training
course that meets the requirements in the proposed rule. The retailer
also must have the purchaser