CPSC Extends Comment Period on its ANPR on Safety of Recreational Off-Highway Vehicles

Comments are due March 15, 2010 (from December 28, 2009).

(ROVs are motorized vehicles having four or more low pressure tires designed for off-road use and intended by the manufacturer primarily for recreational use by one or more persons. ROVs are a relatively new product in the motorized off-road vehicle category, and their speed and design make them distinct from other vehicles such as all-terrain vehicles (ATVs), light utility vehicles, and golf carts.)

CPSC Granted 75-Day Extension Due to Requests from Trade, Manufacturers

CPSC received two letters requesting an extension of the comment period, one from three manufacturers and distributors of Multi-Purpose Off- Highway Utility Vehicles, and the other from a trade association. The letters each requested that the comment period be extended 60 days. However, CPSC has decided to extend the comment period 75 days after the original comment period to March 15, 2010.

CPSC Considering Rulemaking Due to Deaths & Injury Associated with ROVs

Though ROVs have been on the market for only six years, CPSC is considering a rulemaking because it has received more than 180 reports of ROV-related deaths and injuries. Additionally, non-fatal injuries involving ROVs are significant in nature, often resulting in amputation, permanent disfigurement, etc.

CPSC Testing Shows ROVs Have Stability, Steering, & Rollover Inadequacies

From November 2008 to January 2009, CPSC tested and evaluated several ROV models on the market. The staff's preliminary evaluations indicate that the vehicles may exhibit inadequate lateral stability, undesirable steering characteristics, and inadequate occupant protection during a rollover crash.

Specifically, CPSC has identified the following three factors that have the greatest impact on occupant safety: (1) static stability factor (the ratio of the vehicle's track width to twice the height of its center of gravity); (2) vehicle handling, especially the tendency of certain ROVs to either oversteer or understeer; and (3) occupant retention and protection, especially the restraint system.

Voluntary Standard Has Been Proposed, But Is Inadequate

Although a voluntary standard for ROVs has been proposed by the Recreational Off-Highway Vehicle Association (ROHVA) which is working with the American National Standards Institute (ANSI) to develop it, CPSC does not believe that it adequately addresses the risk of injury associated with ROVs.

ANPR Issued to Seek Comments on ROV Safety, Technical Reports, Etc.

Based on the continuing deaths and injuries involving ROVs and CPSC's preliminary determination that the draft voluntary standard being developed by ROHVA does not adequately address the risks associated with ROV rollovers and collisions, CPSC issued an ANPR to seek comments on (partial list):

definition of an ROV;

the regulatory alternatives being considered and other possible alternatives for addressing the risk;

any existing standard or portion of a standard which could be issued as a proposed regulation;

minimum and maximum track width, ground clearance, and speed considerations in ROV design;

technical reports or standards that describe the minimum ROV performance requirements for stability, handling characteristics, and occupant protection characteristics;

technical reports and evaluations of any prototype ROVs with enhanced safety designs; etc.

(See ITT's Online Archives or 10/28/09 news, 09102810, for BP summary of the ANPR.)

CPSC contact - Caroleene Paul (301) 504-7540

CPSC extension notice (FR Pub 12/22/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-30378.pdf

CPSC ANPR (FR Pub 10/28/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-25959.pdf