§2089 All-terrain vehicles

Summary

The Consumer Product Safety Commission must publish the ANSI/SVIA–1–2007 ATV standard in the Federal Register within 90 days after August 14, 2008, and that standard becomes mandatory 150 days after it is published. After it takes effect, no manufacturer or distributor may import or sell new assembled or unassembled ATVs in the United States unless the vehicle meets the standard, the company has an ATV action plan filed with and approved by the Commission (or filed before August 14, 2008), the ATV has a label showing it meets the standard and naming the maker/importer/private labeler and the action plan, and the company follows its action plan. Not following those rules is treated as breaking a consumer product safety standard and can bring penalties. Vehicles that meet those rules but include parts or features not covered by the standard may still be sold, but those extra parts are subject to other safety rules. If ANSI revises the underlying standard, it must tell the Commission. The Commission then has 120 days to propose rule changes for revisions it finds related to safe ATV performance, must tell ANSI what it rejected, and must finalize any amendment within 180 days after the proposed rule is published. The Commission may also add other safety rules as needed to reduce unreasonable risks. Until a mandatory safety standard for 3‑wheeled ATVs is in effect, new 3‑wheeled ATVs may not be imported or sold; violating that is treated as a violation of section 2068(a)(1) and may be enforced under section 2066. The Commission must issue a final rule (in consultation with NHTSA) that may sort ATVs by factors like weight, top speed, rider age and related measures, and must consider stronger rules on suspension, brakes, speed governors, warning labels, marketing, and dynamic stability. Definitions: “All‑terrain vehicle” or “ATV” — motorized, off‑highway vehicle with 3 or 4 wheels, a seat to straddle, and handlebars; excludes prototypes or R&D vehicles unless for sale. “ATV action plan” — a written plan or letter promising safety actions (rider training, safety info, age guidance, marketing rules, sales monitoring, and similar measures to the plans noted in the Federal Register on September 9, 1998).