CPSC Proposes Rule to Establish ATV Standards, Ban Sale of New 3-Wheel ATVs, Etc.
The Consumer Product Safety Commission (CPSC) has issued a proposed rule to amend 16 CFR by adding new Parts 1307 (Ban of Three-Wheeled All Terrain Vehicles (ATVs)), 1410 (Requirements for Adult ATVs), and 1515 (Requirements for Youth ATVs) in order to address the risks of injury and death associated with ATVs. The proposed rule would also amend certain administration and enforcement regulations in existing Part 1500 of 16 CFR.
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If this proposed rule is made final, the CPSC states that it would apply to all ATVs sold in the U.S. on or after the date 180 days after the publication of a final rule, and would not apply to ATVs that were sold prior to that date.
Proposed Rule Would Establish Mechanical Requirements for ATVs, Ban the Sale of New 3-Wheel ATVs, Etc.
According to the preamble of CPSC's proposed rule, the provisions of the ATV proposed rule include:
Mechanical requirements for ATVs;
Ban on the sale of new three-wheel ATVs;
Speed limitations on ATVs intended for children under 16 years of age;
Requirements for warnings and recommendations to be provided to purchasers of new ATVs through hang tags, labels, videos, and owner's manuals;
Requirements for a disclosure statement to be provided to purchasers warning against the use of adult ATVs by children;
Requirement that all purchasers of new ATVs be offered free safety training;
Requirements that purchasers of new ATVs be provided with a means for reporting safety related complaints to the manufacturer and the CPSC;
Requirement for stop lamps on all ATVs, including youth models;
Requirement for youth ATVs to be equipped with automatic transmissions; and
Certification, testing, and recordkeeping guidelines.
Many of Provisions of Proposed Rule Based on Existing Voluntary Standard, Provisions of 1988 Decrees, Etc.
The CPSC notes that many of the provisions of the proposed rule are based on an existing voluntary standard (ANSI-SVIA-1-2001), provisions of the 1988 Consent Decrees, and the current Letters of Undertaking with a number of manufacturers that may account for as much as 90 percent of the U.S. market for ATVs.
Consequently, the CPSC 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.
The proposed definition of an ATV is as follows: 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 passenger), has handlebars for steering, and is intended for off-road use on non-paved surfaces. CPSC differentiates between ATVs intended for use by an operator 16 years of age or older (adult requirements) and an ATV intended for use by an operator less than 16 years old (youth requirements).
-written comments in response to the proposed rule must be received no later than October 24, 2006
CPSC Contact - Elizabeth Leland (301) 504-7706
CPSC Proposed Rule (FR Pub 08/10/06) available athttp://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/06-6703.pdf