CPSC Makes the Voluntary 4-Wheeled ATV Standard Mandatory Effective April 13, 2009, Etc.
The Consumer Product Safety Commission has issued a final rule, effective April 13, 2009, which makes mandatory the voluntary consumer product safety standard for four-wheeled all-terrain vehicles (ANSI/SVIA 1-20071), imposes ATV action plan requirements, etc.
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According to the CPSC, this final rule satisfies certain ATV requirements of the recently-enacted Consumer Product Safety Improvement Act of 2008 (CPSIA2) and reviews other provisions of the CPSIA that apply to ATVs.
New Part 1420 Makes ANSI/SVIA 1-2007 Mandatory, Lays Out Action Plan Requirements, Etc.
The final rule adds a new 16 CFR Part 1420 which, effective April 13, 2009, makes the ANSI/SVIA 1-2007 ATV standard mandatory by incorporating the standard by reference,3 lays out the action plan requirements for 4-wheeled ATVs, defines ATVs and ATV action plans, and lays out the existing 3-wheeled ATV restrictions as follows:
Mandatory compliance with standard. It will be unlawful for any manufacturer or distributor to import into or distribute in commerce in the U.S. any new assembled or unassembled ATV manufactured on or after April 13, 2009, unless it complies with the ANSI/SVIA 1-2007 ATV standard.
Mandatory action plans/compliance. Each ATV must be subject to an ATV action plan filed with the CSPC before August 14, 2008 or subsequently filed with and approved by the CPSC, and the ATV manufacturer or distributor must be in compliance with all provisions of the applicable ATV action plan.
Each ATV must bear a label certifying such compliance and identifying the manufacturer, importer or private labeler and the ATV action plan to which it is subject. (Note that the CPSIA imposes other testing and certification requirements that affect ATVs. See ITT's Online Archives or 11/10/08 news, 08111015, for BP summary.)
Definition of ATVs. ATVs mean: (1) any motorized, off-highway vehicle designed to travel on 3 or 4 wheels, having a seat designed to be straddled by the operator and handlebars for steering control; but (2) does not include a prototype of a motorized, off-highway, all-terrain vehicle that is intended exclusively for research and development purposes unless the vehicle is offered for sale.
Definition of ATV action plans. ATV action plan means a written plan or letter of undertaking that describes actions the manufacturer or distributor agrees to take to promote ATV safety, including rider training, dissemination of safety information, age recommendations, etc. and that is substantially similar to the plans described under the heading ''The Undertakings of the Companies'' in the CPSC September 9, 1998 Federal Register notice.
Ban on 3-wheeled ATVs. The final rule notes that until a mandatory consumer product safety standard applicable to three-wheeled ATVs promulgated pursuant to the Consumer Product Safety Act (CPSA) is in effect, new three wheel ATVs may not be imported into or distributed in commerce in the U.S. (This ban went into effect September 13, 2008. See ITT's Online Archives or 09/19/08 news, 08091915, for BP summary.)
Failure to Comply With ATV Standard, Action Plans May Result in Penalties, Etc.
The CPSC states that failure to comply with the final rule's requirements regarding the mandatory ANSI/SVIA 1-2007 ATV standard and action plan requirements is deemed to be a failure to comply with a consumer product safety standard and subjects the violator to the penalties and remedies applicable under the CPSA.
(See final rule for discussion of future CPSC ATV-related actions, including the required completion of an August 2006 ATV rulemaking, etc.)
1ANSI/SVIA 1-2007 is the American National Standard for Four Wheel All-Terrain Vehicles Equipment Configuration, and Performance Requirements developed by the Specialty Vehicle Institute of America(SVIA). Itspecifies requirements concerning the vehicle's equipment and configuration (including requirements for owner's/operator's manuals, labels and hang tags), maximum speed capability, service and parking brakes, etc., and it requires a certification label indicating compliance with the standard.
2Enacted as Public Law 110-314 on August 14, 2008.
3A standard that is incorporated by reference in the Federal Register and made reasonably available is deemed to be published in the Federal Register. (Copies of the actual standard are availablefrom the SVIA at http://www.svia.org.)
CPSC contact - Tanya Topka (301) 504-7594
CPSC final rule (FR Pub 11/14/08) available at http://edocket.access.gpo.gov/2008/pdf/E8-26974.pdf