§2089 All-terrain Vehicles

Summary

The Consumer Product Safety Commission must make the American National Standard ANSI/SVIA–1–2007 a required safety rule for four-wheel ATVs. It had to publish that rule within 90 days after August 14, 2008, and the rule became effective 150 days after publication. After the rule took effect, manufacturers or importers may not bring new ATVs into U.S. commerce unless the vehicle follows the standard, is covered by an ATV action plan filed before August 14, 2008 (or later filed and approved), and has a label showing that plan and the maker or importer. Not following these requirements is treated as breaking the consumer product safety law and can bring penalties. New models that meet the rule may include extra parts not covered by the standard, but those parts are still subject to other safety rules. If ANSI updates the standard, ANSI must tell the Commission. Within 120 days the Commission must propose changes to add safety-related revisions, and it must complete any amendment within 180 days after the proposal is published. The Commission can also add other safety measures if needed to reduce unreasonable risks. New three-wheeled ATVs may not be imported or sold until a mandatory safety rule for them exists. The Commission must finish a final rule called “Standards for All Terrain Vehicles and Ban of Three-wheeled All Terrain Vehicles.” In that rule it may set youth-ATV categories using factors like weight, top speed, operating speed for a given weight, intended rider age, and average rider weight. The Commission must also review the published standard and add any needed safety rules, considering at least suspension, brakes, speed limiters, warning labels, marketing, and stability. Definitions: All-terrain vehicle (ATV) — a motorized off-highway vehicle with 3 or 4 wheels, a straddle seat, and handlebars. ATV action plan — a written safety plan by the maker or seller covering training, safety info, age guidance, marketing and sales monitoring, and similar measures (as described in the Federal Register on September 9, 1998).