§2089 All-terrain Vehicles

Summary

The Consumer Product Safety Commission must make the ANSI/SVIA–1–2007 ATV standard a required federal rule within 90 days after August 14, 2008. That rule becomes effective 150 days after it is published. After it takes effect, no one may import or sell new assembled or unassembled all‑terrain vehicles in the United States unless the vehicle follows the standard, is covered by an ATV action plan filed before August 14, 2008 or later approved by the Commission and has a label saying it complies and naming the maker or importer and the plan, and the maker or seller follows the whole action plan. Not following those rules is a violation and can bring penalties. If the voluntary ANSI standard is changed later, the American National Standards Institute must tell the Commission. The Commission has 120 days after notice to propose rule changes to add safety-related revisions and must finish the amendment within 180 days after that proposal is published. The Commission can also add other needed safety rules to reduce risks. Until a mandatory standard for 3‑wheel ATVs exists, new 3‑wheel ATVs may not be imported or sold. The Commission must issue a final rule, with NHTSA input, that may group ATVs by factors like weight, speed, child age and weight, and that reviews or adds rules on suspension, brakes, speed governors, labels, marketing, and stability. "ATV" means a motorized off‑highway vehicle made to travel on 3 or 4 wheels with a straddle seat and handlebars. An "ATV action plan" is a written safety plan (training, safety information, age advice, marketing rules, sales monitoring, and similar steps), like the plans described in the Federal Register notice of September 9, 1998.