45904 Federal Register / Vol. 71, No. 154 / Thursday, August 10, 2006 / Proposed Rules 

1The Commission voted unanimously to issue 

the notice of proposed rulemaking with changes to 

address youth and adult ATV training (subsection 

(g)). Commissioner Nancy A. Nord and 

Commissioner Thomas H. Moore voted for 

additional changes not included in Chairman 

Stratton’s vote, including additional instructions to 

staff and request for comments, a new subsection 

and modifying language in the preamble. 

Commissioners Nord and Moore issued statements 

which are available from the Commission’s Office 

of the Secretary or from the Commission’s Web site, 

http://www.cpsc.gov. 

2The five distributors were American Honda 

Motor Co., Inc., American Suzuki Motor Corp., 

Polaris Industries, L.P., Yamaha Motor Corp., USA, 

and Kawasaki Motors Corp., USA. In 1996, Arctic 

Cat, Inc. began manufacturing ATVs and entered 

into an Agreement and Action Plan with the 

Commission in which the company agreed to take 

substantially the same actions as required under the 

Consent Decrees. 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Parts 1307, 1410, 1500 and 

1515 

Standards for All Terrain Vehicles and 

Ban of Three-Wheeled All Terrain 

Vehicles; Notice of Proposed 

Rulemaking 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: To address the unreasonable 

risks of injury and death associated with 

all terrain vehicles (‘‘ATVs’’), the 

Commission is proposing rules for adult 

and youth ATVs. The proposed rules 

include requirements concerning the 

mechanical operation of ATVs, 

requirements for providing safety 

information about operating ATVs (such 

as through labeling and training), and 

requirements for certification, testing 

and recordkeeping. The proposed 

standards would apply to adult singlerider and tandem ATVs and to youth 

ATVs. The Commission is also 

proposing a rule to ban three-wheeled 

ATVs. The proposed rules are issued 

under the authority of both the 

Consumer Product Safety Act (‘‘CPSA’’) 

and the Federal Hazardous Substances 

Act (‘‘FHSA’’). 

DATES: Written comments in response to 

this document must be received by the 

Commission no later than October 24, 

2006. Comments on elements of the 

proposed rule that, if issued in final 

form would constitute collection of 

information requirements under the 

Paperwork Reduction Act, may be filed 

with the Office of Management and 

Budget (‘‘OMB’’) and with the 

Commission. Comments will be 

received by OMB until October 10, 

2006. 

ADDRESSES: Comments should be filed 

by email to cpsc-os.gov. Comments also 

may be filed by telefacsimile to (301) 

504–0127 or they may be mailed or 

delivered, preferably in five copies, to 

the Office of the Secretary, U.S. 

Consumer Product Safety Commission, 

4330 East West Highway, Bethesda, 

Maryland 20814–4408; telephone (301) 

504–7923. Comments should be 

captioned ‘‘ATV NPR.’’ 

Comments to OMB should be directed 

to the Desk Officer for the Consumer 

Product Safety Commission, Office of 

Information and Regulatory Affairs, 

OMB, Washington, DC 20503. The 

Commission asks commenters to 

provide copies of such comments to the 

Commission’s Office of the Secretary, 

with a caption or cover letter identifying 

the materials as copies of comments 

submitted to OMB on the proposed 

collection of information requirements 

for the proposed ATV standard. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Leland, Project Manager, ATV 

Safety Review, Directorate for Economic 

Analysis, Consumer Product Safety 

Commission, 4330 East West Highway, 

Bethesda, Maryland 20814–4408; 

telephone (301) 504–7706 or e-mail: 

eleland@cpsc.gov. 

SUPPLEMENTARY INFORMATION: 

A. Background 

The Commission is proposing rules 

that will cover single-rider ATVs, 

tandem ATVs (intended for two people) 

and ATVs intended for children under 

16 years of age.1 These proposed rules 

include proposed standards that specify 

mechanical requirements for ATVs and 

informational requirements so that ATV 

purchasers and operators will have 

safety information about ATVs. The 

Commission is also proposing to ban 

three-wheeled ATVs. The Commission 

believes that these proposed rules are 

necessary to address an unreasonable 

risk of injury and death associated with 

ATVs. 

ATVs were first available in this 

country in the early 1970’s, and became 

increasingly popular in the early 1980’s. 

With their rise in popularity, the 

number of ATV-related incidents also 

rose. On May 31, 1985, the Commission 

published an advance notice of 

proposed rulemaking (‘‘ANPR’’) stating 

the Commission’s safety concerns and 

outlining options the Commission was 

considering to address ATV-related 

hazards. 50 FR 23139. In 1987, the 

Commission filed a lawsuit under 

section 12 of the CPSA against the five 

companies that were major ATV 

distributors at that time to declare ATVs 

an imminently hazardous consumer 

product, see 15 U.S.C. 2061(b)(1).2 The 

lawsuit was settled by Consent Decrees 

filed on April 28, 1988 that were 

effective for ten years. 

1. The Consent Decrees 

In the Consent Decrees, the 

distributors agreed to: (1) Halt the 

distribution of three-wheel ATVs, (2) 

attempt ‘‘in good faith’’ to devise a 

voluntary performance standard 

satisfactory to the Commission; (3) label 

ATVs with four types of warnings, the 

language and format of which were 

specified in the Consent Decrees; (4) 

supplement existing owners manuals 

with safety text and illustrations 

specified in the Consent Decrees and to 

prepare new owners manuals with 

specified safety information; (5) provide 

point of purchase safety materials 

meeting guidelines specified by the 

Consent Decrees, including hangtags, a 

safety video, and other safety 

information; (6) and offer a rider 

training course to ATV purchasers and 

members of their immediate families at 

no cost. In addition, the Consent 

Decrees contained several media and 

marketing provisions. 

The distributors also agreed in the 

Consent Decrees that they would 

‘‘represent affirmatively’’ that ATVs 

with engine sizes between 70 and 90 cc 

should be used only by those age 12 and 

older, and that ATVs with engine sizes 

larger than 90 cc should be used only 

by those 16 and older. Because 

distributors did not sell their products 

directly to consumers but through 

dealerships (which were not parties to 

the Consent Decrees), distributors 

agreed to ‘‘use their best efforts to 

reasonably assure’’ that ATVs would 

‘‘not be purchased by or for the use of’’ 

anyone who did not meet the age 

restrictions. While the Consent Decrees 

were in effect, the distributors entered 

into agreements with the Commission 

and the Department of Justice agreeing 

to monitor their dealers to determine 

whether they were complying with the 

age recommendations and to terminate 

the franchises of dealers who repeatedly 

failed to provide the appropriate age 

recommendations. 

2. Development of the Voluntary 

Standard for Single-Rider ATVs 

Industry had begun work on a 

voluntary standard before the Consent 

Decrees were in place. Distributors that 

were parties to the Decrees agreed to 

work in good faith to develop a 

voluntary standard that was satisfactory 

to the Commission within four months 

of the signing of the Consent Decrees. 

The five companies, working through 

the Specialty Vehicle Institute of 

America (‘‘SVIA’’), submitted a standard 


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Federal Register / Vol. 71, No. 154 / Thursday, August 10, 2006 / Proposed Rules 45905 

3 In the FR notice, the Commission noted that it 

‘‘specifically reserved its rights under the consent 

decrees to institute certain enforcement or 

rulemaking proceedings in the future.’’ 54 FR 1407. 4These documents are available on CPSC’s Web 

site at www.cpsc.gov/library/foia/foia98/fedreg/ 

honda.pdf; www.cpsc.gov/library/foia/foia98/ 

fedreg/suzuki.pdf; www.cpsc.gov/library/foia/ 

foia98/fedreg/kawasaki.pdf; www.cpsc.gov/library/ 

foia/foia98/fedreg/polaris; www.cpsc.gov/library/ 

foia/foia98/fedreg/yamaha.pdf; www.cpsc.gov/ 

library/foia/foia98/fedred/arctic.pdf; and 

www.cpsc.gov/library/foia/foia99/pubcom/ 

bobard.pdf. 

for approval as an American National 

Standards Institute (‘‘ANSI’’) standard 

in December 1988. On January 13, 1989, 

the Commission published a notice in 

the Federal Register concluding that the 

voluntary standard was ‘‘satisfactory’’ to 

the Commission.3 54 FR 1407. The 

standard, known as ANSI/SVIA 1–2001, 

The American National Standard for 

Four Wheel All-Terrain Vehicles— 

Equipment, Configuration, and 

Performance Requirements, was first 

published in 1990, and was revised in 

2001. The ANSI standard has 

requirements for the mechanical 

operation of ATVs, but does not contain 

any provisions concerning labeling, 

owners manuals or other information to 

be provided to the purchaser because 

such requirements were stated in the 

Consent Decrees that were in effect 

when the ANSI standard was 

developed. As discussed in section G.3, 

ANSI now has a draft voluntary 

standard for tandem ATVs. 

3. ATV Action Plans/Letters of 

Undertaking 

The Consent Decrees expired in April 

1998. The Commission entered into 

voluntary ‘‘Action Plans,’’ also known 

as ‘‘Letters of Undertaking’’ or ‘‘LOUs,’’

with eight major ATV distributors (the 

five who had been parties to the 

Consent Decrees, plus Arctic Cat, Inc., 

Bombardier, Inc. and Cannnondale 

Corporation, which no longer makes 

ATVs) See 63 FR 48199 (summarizing 

Action Plans).4 Except for Bombardier’s, 

all of the Action Plans took effect in 

April 1998 at the expiration of the 

Consent Decrees. (Bombardier’s took 

effect in 1999 when the company began 

selling ATVs.) The companies agreed to 

continue many of the actions the 

Consent Decrees had required 

concerning the age recommendations, 

point of sale information (i.e., warning 

labels, owners manuals, hang tags, 

safety alerts, and safety video), 

advertising and promotional materials, 

training, and stopping distribution of 

three-wheeled ATVs. 

4. Termination of Previous Rulemaking 

As mentioned above, the Commission 

issued an ANPR concerning ATVs in 

1985, but chose to pursue legal action 

under section 12 of the CPSA instead of 

taking regulatory action. In 1991, the 

Commission terminated the rulemaking 

proceeding it had started with the 1985 

ANPR. 56 FR 47166. The Commission 

observed in its termination notice that, 

at the time of the termination, the 

Consent Decrees were in effect, the five 

ATV distributors had agreed to conduct 

monitoring of dealers’ compliance with 

the Consent Decrees’ provisions, and 

ATV-related injuries and deaths were 

declining. The ATV-related injury rate 

for the general population (per ATV) 

had dropped by about 50 percent 

between 1985 and 1989, and ATVrelated fatalities had declined from an 

estimated 347 in 1986 to about 258 in 

1989. Id. At 47170. 

The Commission’s termination of its 

rulemaking proceeding was challenged 

by the Consumer Federation of America 

(‘‘CFA’’) and U.S. Public Interest 

Research Group (‘‘PIRG’’) arguing that 

withdrawing the ANPR rather than 

pursuing a ban on the sale of new adultsize ATVs for use by children under 16 

was arbitrary and capricious. The court 

upheld the Commission’s decision. 

Consumer Federation of America v. 

Consumer Product Safety Commission, 

990 F.2d 1298 (D.C. Cir. 1993). The 

court noted that it was reasonable for 

the Commission to determine the 

effectiveness of the Consent Decrees and 

monitoring activities before considering 

whether additional action would be 

necessary. Id. at 1306. 

5. CFA’s Petition and the Chairman’s 

Memo 

In August 2002, CFA and eight other 

groups requested that the Commission 

take several actions regarding ATVs. 

CPSC docketed the portion of the 

request that met the Commission’s 

docketing requirements in 16 CFR 

§ 1051.5(a). That request asked for a rule 

banning the sale of adult-size four wheel 

ATVs for the use of children under 16 

years old. The Commission solicited 

public comments on the petition. 67 FR 

64353 (2002). In 2003, the Commission 

held a public hearing in West Virginia, 

and the Chairman held hearings in 

Alaska and New Mexico to hear oral 

presentations from the public about 

ATVs. The staff prepared a briefing 

package analyzing the petition and 

recommending that the Commission 

deny the petition (available on the 

Commission’s Web site at 

www.cpsc.gov/library/foia/foia05/brief/ 

briefing.html). (After an initial vote on 

October 6, 2005 to defer a decision on 

the petition, the Commission voted 2–1 

to deny the petition when it voted on 

July 12, 2006 to issue this NPR. The 

statements issued by Commissioner 

Nord and Commissioner Moore, 

referenced in footnote 1, also discuss 

their votes on the petition.) 

On June 8, 2005, Chairman Hal 

Stratton delivered a memorandum to the 

staff asking the staff to review all ATV 

safety actions and make 

recommendations on a number of 

issues. The memo directed the staff to 

consider whether: (1) The current ATV 

voluntary standards are adequate in 

light of trends in ATV-related deaths 

and injuries; (2) the current ATV 

voluntary standards or other standards 

pertaining to ATVs should be adopted 

as mandatory standards by the 

Commission; and (3) other actions, 

including rulemaking, should be taken 

to enhance ATV safety. The memo also 

identified several specific issues for the 

staff to review, namely: (1) Pre-sale 

training/certification requirements; (2) 

enhanced warning labels; (3) formal 

notification of safety rules by dealers to 

buyers; (4) the addition of a youth ATV 

model appropriate for 14-year olds; (5) 

written notification of child injury data 

at the time of sale; (6) separate standards 

for vehicles designed for two riders; and 

(7) performance safety standards. The 

memo directed the staff to give 

particular attention to improving the 

safety of young riders. 

6. 2005 ANPR 

On October 14, 2005, the Commission 

published an ANPR that began this 

proceeding. 70 FR 60031. The ANPR 

reviewed the history of the 

Commission’s involvement with ATVs, 

summarized the ANSI/SVIA–1–2001 

standard, described regulatory and nonregulatory options to address ATVrelated injuries and deaths, and 

requested comments from the public. 

Comments on the ANPR and the 

Commission’s responses are discussed 

at section H. 

B. Statutory Authority 

This proceeding is conducted 

pursuant to the Consumer Product 

Safety Act (‘‘CPSA’’) and the Federal 

Hazardous Substances Act (‘‘FHSA’’). 

All Terrain Vehicles are ‘‘consumer 

products’’ which can be regulated by the 

Commission under the authority of the 

CPSA. See 15 U.S.C. 2052(a). However, 

the FHSA provides the Commission 

with regulatory authority over articles 

intended for use by children. See 15 

U.S.C. 1261(f)(1)(D). See also 15 U.S.C. 

2079(d) (requiring, that the Commission 

regulate under the FHSA if the risk of 

injury at issue can be eliminated or 

sufficiently reduced by action under the 

FHSA unless the Commission finds by 

rule that it is in the public interest to 


rwilkins on PROD1PC61 with PROPOSALS2
45906 Federal Register / Vol. 71, No. 154 / Thursday, August 10, 2006 / Proposed Rules 

regulate under the CPSA). Thus, the 

Commission is proposing standards for 

adult 4-wheel ATVs and a ban of adult 

three-wheeled ATVs under the CPSA, 

and is proposing a standard for youth 

ATVs, which includes a ban of threewheeled ATVs, under the FHSA. 

1. The CPSA 

Section 7 of the CPSA authorizes the 

Commission to issue consumer product 

safety standards that consist of 

performance requirements and/or 

requirements for warnings or 

instructions. Id. 2056(a). The 

requirements of the standard must be 

‘‘reasonably necessary to prevent or 

reduce an unreasonable risk of injury 

associated with such product.’’ Id. 

Section 8 of the CPSA authorizes the 

Commission to issue a rule declaring a 

consumer product a ‘‘banned hazardous 

product’’ when the Commission finds 

that: The product is being, or will be, 

distributed in commerce; the product 

presents an unreasonable risk of injury; 

and no feasible consumer product safety 

standard would adequately protect the 

public from the risk of injury. Id. 2057. 

Section 9 of the CPSA specifies the 

procedure the Commission must follow 

to issue a consumer product safety 

standard or a ban under section 8. In 

accordance with section 9, the 

Commission commenced this 

rulemaking by issuing an ANPR 

identifying the product and the risk of 

injury, summarizing regulatory 

alternatives, and inviting comments or 

suggested standards from the public. Id. 

2058(a). 70 FR 60031 (2005). The 

Commission considered the comments 

submitted in response to the ANPR, and 

has decided to issue these proposed 

rules and a preliminary regulatory 

analysis in accordance with section 9(c) 

of the CPSA. Next, the Commission will 

consider the comments received in 

response to the proposed rules and 

decide whether to issue final rules and 

a final regulatory analysis. 15 U.S.C. 

2058(c)–(f). 

According to section 9(f)(1) of the 

CPSA, before promulgating a consumer 

product safety rule, the Commission 

must consider, and make appropriate 

findings to be included in the rule, 

concerning the following issues: (1) The 

degree and nature of the risk of injury 

that the rule is designed to eliminate or 

reduce; (2) the approximate number of 

consumer products subject to the rule; 

(3) the need of the public for the 

products subject to the rule and the 

probable effect the rule will have on 

utility, cost or availability of such 

products; and (4) means to achieve the 

objective of the rule while minimizing 

adverse effects on competition, 

manufacturing and commercial 

practices. Id. 2058(f)(1). 

According to section 9(f)(3) of the 

CPSA, to issue a final rule, the 

Commission must find that the rule is 

‘‘reasonably necessary to eliminate or 

reduce an unreasonable risk of injury 

associated with such product’’ and that 

issuing the rule is in the public interest. 

Id. 2058(f)(3)(A) & (B). In addition, if a 

voluntary standard addressing the risk 

of injury has been adopted and 

implemented, the Commission must 

find that (1) the voluntary standard is 

not likely to eliminate or adequately 

reduce the risk of injury, or that (2) 

substantial compliance with the 

voluntary standard is unlikely. Id. 

2058(f)(3)(D). The Commission also 

must find that expected benefits of the 

rule bear a reasonable relationship to its 

costs and that the rule imposes the least 

burdensome requirements that would 

adequately reduce the risk of injury. Id. 

2058(f)(3)(E) & (F). 

Other provisions of the CPSA also 

authorize this rulemaking. Section 27(e) 

provides the Commission with authority 

to issue a rule requiring consumer 

product manufacturers to provide the 

Commission with such performance and 

technical data related to performance 

and safety as may be required to carry 

out the CPSA, and to give such 

performance and technical data to 

prospective and first purchasers. Id. 

2076(e). This provision bolsters the 

Commission’s authority under section 7 

to require provision of safety-related 

information such as hangtags, 

instructional/owners manuals, safety 

videos, and training. 

Section 14 of the CPSA authorizes the 

Commission to issue a rule requiring 

certification that a product meets a 

consumer product safety standard. Id. 

2063(c). Section 14 also authorizes the 

Commission to prescribe, by rule, 

reasonable testing programs for 

consumer products subject to a 

consumer product safety rule. Id. 

2063(b). 

Finally, section 16 of the CPSA 

authorizes the Commission to issue 

rules requiring establishment and 

maintenance of records needed to 

implement the CPSA or to determine 

compliance with rules or orders issued 

under the CPSA. Id. 2065(b). 

2. The FHSA 

The FHSA requires proceedings and 

findings similar to those required by the 

CPSA. Section 2(f)(1)(D) of the FHSA 

defines ‘‘hazardous substance’’ to 

include any toy or other article intended 

for use by children that the Commission 

determines, by regulation, presents an 

electrical, mechanical, or thermal 

hazard. 15 U.S.C. 1261(f)(1)(D). An 

article may present a mechanical hazard 

if its design or manufacture presents an 

unreasonable risk of personal injury or 

illness during normal use or when 

subjected to reasonably foreseeable 

damage or abuse. 15 U.S.C. 1261(s). 

Under section 2(q)(1)(A) of the FHSA, 

an article intended for use by children, 

which is a hazardous substance (as 

defined in the FHSA) accessible by a 

child, is banned. 15 U.S.C. 

1261(q)(1)(A). Under this authority, the 

Commission can issue a rule stating that 

if a particular article intended for use by 

children does not meet requirements 

that the Commission specifies by rule, 

the item is banned. See Forester v. 

Consumer Product Safety Commission, 

559 F.2d 774, 782 (D.C. Cir. 1977). 

Section 3(f) through 3(i) of the FHSA, 

15 U.S.C. 1262(f)-(i), describes the 

procedures to promulgate a regulation 

determining that an article intended for 

children presents an electrical, 

mechanical, or thermal hazard. The 

procedures are the same as those 

required for a CPSA rule discussed 

above. 15 U.S.C. 1262(f) through (i). 

Before the Commission can issue this 

type of final rule under the FHSA, it 

must make many of the same findings 

necessary for a final CPSA rule: (1) if an 

applicable voluntary standard has been 

adopted and implemented, that 

compliance with the voluntary standard 

is not likely to adequately reduce the 

risk of injury, or compliance with the 

voluntary standard is not likely to be 

substantial; (2) that benefits expected 

from the regulation bear a reasonable 

relationship to its costs; and (3) that the 

regulation imposes the least 

burdensome alternative that would 

adequately reduce the risk of injury. Id. 

1261(i)(2). 

Section 10 of the FHSA authorizes the 

Commission to issue regulations ‘‘for 

the efficient enforcement of’’ the FHSA. 

Id. 1269(a). This provision gives the 

Commission authority to issue the 

requirements for certification, testing 

and recordkeeping in the youth ATV 

standard. 

C. The Product 

1. What’s Covered by the Proposed 

Rules 

An ATV is a motorized vehicle with 

three or four broad, low pressure tires 

(less than 10 pounds per square inch) a 

seat designed to be straddled by the 

operator, handlebars for steering, and it 

is designed for off-road use. Most ATVs 

are designed for use by only one person. 

However, some companies have 

developed ATVs intended for use by the 

operator and one passenger. These 


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Federal Register / Vol. 71, No. 154 / Thursday, August 10, 2006 / Proposed Rules 45907 

5Numbers in brackets refer to documents listed 

at the end of this notice. They are available from 

the Commission’s Office of the Secretary (see 

‘‘Addresses’’ section above) or from the 

Commission’s web site (http://www.cpsc.gov/

library/foia/foia.html) 

ATVs are referred to in this notice as 

tandem ATVs. The proposed rules the 

Commission is issuing cover threewheeled ATVs, four-wheeled adult 

ATVs intended for single riders, fourwheeled adult tandem ATVs, and ATVs 

intended for children under 16 years of 

age (referred to here as youth ATVs). 

2. Market and Sales Information 

The market for ATVs has increased 

greatly since they were first introduced 

over thirty years ago. The SVIA, an ATV 

trade association, estimated that in 

2005, there were 6.9 million ATVs in 

use. The market is made of seven major 

distributors of ATVs (the companies 

that have entered into voluntary LOUs 

with the Commission and are 

represented by SVIA) and new entrants 

that import ATVs to the U.S. Sales by 

both groups have increased over the 

past decade. U.S. retail sales of ATVs by 

the seven major distributors have 

increased from an estimated 293,000 

ATVs sold in the U.S in 1995 to an 

estimated 921,000 ATVs sold in the U.S. 

in 2005. [4] 5

3. Imports 

Imports for the new entrants have 

increased markedly in recent years. In 

the late 1990’s, imports comprised a 

small portion of the ATV market, near 

zero. In 2001, imports were estimated to 

account for about 5 percent of total U.S. 

sales. By 2004, imports had increased to 

10 percent of the total U.S. market. [4] 

In 2006, Commission staff has 

identified over 80 importers of ATVs. 

Most of these firms import other 

products in addition to ATVs, such as 

powered scooters, dirt bikes, go-carts 

and snow mobiles. A recent trade report 

estimated that 100 to 150 Chinese 

manufacturers and an estimated 22 

Taiwanese firms exported ATVs 

worldwide in 2005. The trade report 

does not indicate what share of these 

firms’’ output is exported to the U.S., 

but based on another trade analysis, 

Commission staff estimates that 

approximately 80,000 ATVs were 

exported from China to the U.S. in 2004 

and approximately 14,000 ATVs were 

exported from Taiwan in that year. 

There also appear to be imports from 

other countries in Europe and Southeast 

Asia (notably South Korea and 

Vietnam), but the staff does not have 

information on the extent of such 

imports. [4] 

Staff has observed that imported 

ATVs may lack some or all of the 

labeling specified in the LOUs. On such 

ATVs, labels may be unclear, translated 

incorrectly, or in a language other than 

English. Staff has also found that 

owner’s manuals for imported ATVs 

may not provide information that could 

be understood by U.S. consumers (e.g., 

information that conflicts with labeling, 

measurements in unfamiliar measuring 

systems). [8] 

4. Marketing 

The major distributors have 

traditionally marketed ATVs through 

franchises, either as free-standing 

locations or in conjunction with other 

related retail operations (such as 

motorcycle retailers). [4] 

Imported ATVs are sold in a variety 

of ways. They may be sold through 

distributors, including some of the 

major distributors. Foreign firms also 

market through U.S. importer/ 

wholesalers who, in turn, may market 

the products to retailers (including such 

mass marketers as Pep Boys, Fleet and 

Farm, Wal-Mart, Sam’s Club, and BJ’s). 

Some importer/suppliers also have 

dealer networks. [4] 

Imported ATVs also are offered for 

sale directly to consumers through 

import brokers who transship imported 

units to retailers (or consumers), often 

without taking physical control of the 

products. Web sites offering ATVs for 

sale are ubiquitous. A recent CPSC 

surveillance effort reported that there 

were literally hundreds of Web sites 

offering ATVs for sale, but the staff does 

not know the extent of actual purchases 

through the Internet. [4] 

5. Consumer Prices 

The staff’s 2004 market study 

observed that the major distributors’

suggested retail price for ATVs ranged 

from about $2,000 to $8,000; the median 

suggested retail price was $5,150. As a 

subgroup, the price ranges for youth 

ATVs from these manufacturers was 

$1,800 to $2,500. The median suggested 

retail price for youth ATVs was about 

$2,300. [4] 

A recent staff Internet search of new 

ATVs with brand names other than 

those of the North American 

distributors, offered for sale by business 

entities, found youth ATV models 

ranging from about $320 to $950 each, 

with an average price of about $630. 

Larger ATVs ranged from about $600 to 

$2,400, with an average of $1,340. The 

cited prices included the cost of 

shipping to points within the lower 48 

states from the dealers’ U.S. 

warehouses. Thus, it appears that ATVs 

from importers/new entrants may have 

a significant price advantage over the 

major distributors’ products. [4] 

D. Risk of Injury 

As noted in the 2005 ANPR, the most 

recent annual report of ATV deaths and 

injuries that the Commission has issued 

is the 2004 Annual Report (which was 

issued in September 2005). According to 

that report, the Commission had reports 

of 6,494 ATV-related deaths that have 

occurred since 1982. Of these, 2,019 (31 

percent of the total) were to children 

under 16 years of age and 845 (13 

percent of the total) were to children 

under 12 years of age. According to the 

2004 Annual Report, 569 ATV-related 

deaths were reported to the Commission 

for 2003. Deaths reported to the 

Commission represent a minimum 

count of ATV-related deaths. To account 

for ATV-related deaths that are not 

reported to the Commission, the staff 

calculates an estimated number of ATV 

deaths. The most recent estimate of 

ATV-related deaths for 2003 is 740. [3] 

CPSC collects information on hospital 

emergency room treated injuries. The 

estimated number of ATV-related 

injuries treated in hospital emergency 

rooms in 2004 was 136,100. This is an 

increase of about eight percent over the 

2003 estimate. The estimated number of 

injuries to children under 16 in 2004 

was 44,700 (about 33 percent of the total 

estimated injuries for 2004). [3] 

The staff also estimates the risk of 

injury and the risk of death per 10,000 

ATVs in use. According to the 2004 

Annual Report, the estimated risk of 

injury for four-wheel ATVs for 2004 was 

187.9 injuries per 10,000 four-wheel 

ATVs in use. A recent high in the 

estimated risk of injury occurred at 

200.9 in 2001. The estimated risk of 

death for four-wheel ATVs in 2003 was 

1.1 deaths per 10,000 four-wheel ATVs 

in use. In 1999, the earliest comparable 

year due to changes in data collection, 

the estimated risk of death was 1.4 

deaths per 10,000 four-wheel ATVs in 

use. [3] 

Based on injury and exposure studies 

conducted in 1997 and, most recently, 

in 2001, the estimated number of ATVrelated injuries treated in hospital 

emergency rooms rose from 52,800 to 

110,100 (a 109 percent increase). 

Injuries to children under 16 rose 60 

percent. During these years, the 

estimated number of ATV drivers rose 

from 12 to 16.3 million (a 36 percent 

increase); the estimated number of 

driving hours rose from 1,580 to 2,360 

million (a 50 percent increase); and the 

estimated number of ATVs rose from 4 

to 5.6 million (a 40 percent increase). 

The chief finding of the 2001 Report 

was that increases in the estimated 


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numbers of drivers, driving hours and 

vehicles did not account for all of the 

increase in the estimated number of 

ATV injuries. [3] 

E. Children and ATVs 

During its involvement with ATVs, 

the Commission has been particularly 

concerned with reducing the ATVrelated deaths and injuries suffered by 

children. The Consent Decrees 

established age guidelines, which the 

major distributors continue through 

their Letters of Undertaking. In the 

Consent Decrees, the major distributors 

agreed to represent and to make their 

best efforts to see that their dealers also 

abided by age recommendations in their 

dealings with purchasers. These age 

recommendations were based on the 

ATV’s engine size (measured as cubic 

centimeter (‘‘cc’’) displacement). They 

established that an ATV with an engine 

that is larger than 90 cc should be used 

only by those 16 years of age and older, 

and that an ATV with an engine size 

between 70 and 90 cc should be used 

only by those 12 years of age and older. 

Thus, ATVs with engine sizes larger 

than 90 cc have been considered adult 

ATVs. 

Yet, in spite of these efforts through 

the Consent Decrees and LOUs, recent 

Commission staff studies have shown 

that many children ride adult ATVs, 

and that injury rates are climbing. The 

Commission’s injury and exposure 

studies indicate that injuries to children 

under age 16 rose 60 percent from 1997 

to 2001. Although the number of 

children riding ATVs also rose during 

this period, that increase does not fully 

account for the rise in incidents. 

The age delineations in the Consent 

Decrees made no mention of speed 

limits. However, the ANSI/SVIA–1–

2001 voluntary standard does categorize 

youth ATVs by reference to speed 

limits. The voluntary standard requires 

that Y–6 ATVs (intended for ages 6–11) 

have devices to limit their speed to not 

more than 10 mph and allow upward 

adjustment to a maximum unrestricted 

speed of 15 mph. Y–12 ATVs (intended 

for ages 12–16) have similar 

requirements to limit speed to not more 

than 15 mph and allow upward 

adjustment to a maximum unrestricted 

speed of 30 mph. 

The Commission is proposing to 

change the categorization of ATVs based 

on engine size that the Consent Decrees 

established. Instead the Commission 

proposes three categories of youth ATVs 

based on maximum speed of the ATV. 

The 90cc policy is design restrictive; 

engine size does not necessarily restrict 

ATV size, nor does it necessarily 

regulate maximum unrestricted speed; 

staff cannot make assumptions (e.g., 

speed, power, weight, or size) about all 

ATVs of a certain engine size based 

solely on the engine displacement 

values; and the current voluntary 

standard for ATVs categorizes youth 

ATVs by speed limiting characteristics, 

not engine size. 

The Commission’s ESHF staff 

considered several sources to determine 

appropriate categories of ATVs. Based 

on developmental characteristics, 

children are typically grouped as: age 5 

through 7 or 8; age 8 or 9 through 11 or 

12; age 12 through 15; and age 16 and 

up. Children, of course, do not all 

develop at the same rate, but these 

groupings are appropriate for most. 

The CPSC staff’s Age Determination 

Guidelines, state that children age 6 

through 8 years can operate slowmoving motorized vehicles, and that 

children age 9 through 12 years can 

operate motorized vehicles with gear 

shifting up to 10 miles per hour. The 

guidelines state a clear demarcation 

with the teenage years: ‘‘faster [than 10 

mph] moving motorized [vehicles] are 

generally not appropriate even for 12- 

year-olds because of the difficulty 

associated with both balancing and 

steering the vehicle while moving.’’

Since ATVs require significant balance 

and control, it seems most appropriate 

to have an age division around the late 

pre-teen/early teenage years. Based on 

youth attributes described in the Age 

Determination Guidelines, reasonable 

youth ATV categories would be Y–6 

(‘‘slow-moving,’’ no gear shifting), Y–9 

(speeds 5–15 mph, gear shifting 

acceptable) and Y–13 (since the Age 

Determination Guidelines stop at age 12, 

no specifications can be made based on 

them). Additionally, the Age 

Determination Guidelines mention that 

9-to 12-year-olds are generally ‘‘aware of 

traffic laws, but they are very likely to 

engage in high-risk behaviors like riding 

in traffic and stunt riding.’’

In addition to cognitive development, 

appropriate age groupings should 

account for children’s physical size. 

Analysis of children’s physical growth 

suggests groupings with breaks roughly 

at around ages 8 to 9 and 11 to 13, 

acknowledging that growth will be rapid 

between ages 11 and 16 for both males 

and females. 

Groupings set out in the Age 

Determination Guidelines can be used 

to delineate three categories for youth 

ATVs based on maximum speed of the 

ATV. For the youngest category, the Age 

Determination Guidelines indicate that 

the ATV should be ‘‘slow-moving.’’ One 

method of defining ‘‘slow moving’’

could be slow enough to allow parents 

to walk or jog with the ATV to facilitate 

supervision. Under this premise, it 

would be reasonable to set the 

maximum speed for the slowest youth 

ATV between the jogging speed and 

running speed. Research indicates that 

is about 9 to 10 mph. Based on the Age 

Determination Guidelines, the next 

category should be roughly 10 to 15 

mph. The Age Determination Guidelines 

do not extend past 12 years of age, but 

it is reasonable to assume that the third 

category could be faster than 10 mph 

and that older, more experienced teens 

may be able to handle speeds higher 

than 10 to 15 mph. The Commission’s 

ESHF staff has found no scientific 

research to support either raising or 

lowering the current 30 mph speed limit 

for teens. Thus, 30 mph is a reasonable 

top speed for the third category of youth 

ATVs. 

PROPOSED ATV MODELS AND

INTENDED AGES

ATV Model age 

(years) Speed range 

Junior 6 + .................. 10 mph or less. 

Pre-teen 9 + .............. 10*¥15 mph. 

Teen 12 + .................. 15*¥30 mph. 

Adult 16 + .................. Not restricted. 

* With speed limiter. 

Although the weight of the ATV can 

play a role in the suitability of an ATV 

for a youth, the Commission does not 

have sufficient information to set an 

appropriate weight for youth ATVs. 

Frame size also plays a role in the 

appropriateness of an ATV for a child. 

Several commenters have expressed 

frustration with the current ATVs 

available for children because the 

smaller frames of these ATVs will not fit 

some 13 to 15 year olds. Establishing 

categories based on speed limit rather 

than engine size may encourage 

manufacturers to offer ATVs with larger 

frames (and larger engines), but with 

limited maximum speeds that would be 

appropriate for children. 

The availability of such youth ATVs 

may shift a number of young riders to 

youth ATVs rather than larger adult 

models. This would increase safety. 

Commission analysis indicates that the 

injury rate for ATV riders under the age 

of 16 who are driving adult ATVs is 

about twice the expected injury rate of 

those who are driving age-appropriate 

ATVs. Moreover, these categories may 

enable more children to receive formal 

ATV training. The largest and best 

established formal training programs 

will not train children under age 16 

unless they are riding an appropriate 

youth model. [8] 

The proposed rule also requires that 

youth ATVs must have automatic 


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transmissions. Based on the Age 

Determination Guidelines, ESHF staff 

believes that manual transmission ATVs 

are inappropriate for children under 9 

years of age. Due to the high cognitive 

load required to operate complex 

motorized vehicles, HF staff believes it 

best to allow all children below 16 years 

of age to master driving skills before 

learning to coordinate gear shifting with 

the many other skills involved when 

riding. 

F. Training 

In the 1980s, Commission staff 

worked with the major ATV distributors 

to develop the predecessor to the 

current ATV training course that is 

offered through the ATV Safety Institute 

(‘‘ASI’’), the non-profit training division 

of the SVIA. Training is important 

because operating an ATV seems 

deceptively easy; steering controls are 

similar to a bicycle, and the throttle is 

generally simply lever-operated with the 

thumb. ATVs are, however, high-speed 

motorized vehicles that require repeated 

practice to drive proficiently. Operating 

an ATV is somewhat comparable to 

operating other complex motorized 

vehicles. ATVs have top speeds 

approaching that of automobiles on 

highways, yet have as little protection 

from oncoming objects as a motorcycle. 

Even at relatively low speeds (20–30 

mph) they can take as much skill to 

operate as an automobile because the 

operator requires: (1) Situational 

awareness to negotiate unpaved terrain 

with both eye-level hazards (trees, other 

ATVs) and trail-level hazards (ditches, 

rocks, hidden holes); and (2) quick 

judgments including not only steering, 

speed, and braking, but also terrain 

suitability, weight shifting and other 

active riding behaviors. [12] 

Formal, hands-on training teaches 

drivers how the ATV responds in 

situations that are typically 

encountered. ATV training may act as a 

surrogate for experience because it 

exposes new ATV drivers to situations 

they will encounter when riding offroad and teaches them the proper 

driving behavior to navigate those 

situations.[12] 

All of the major distributors offer 

training through the ASI. In spite of the 

offers of free training and other 

incentives, relatively few ATV riders 

take formal safety training. According to 

a 2004 study by SVIA, only about 7 

percent of new purchasers actually took 

training. The newer entrants to the 

market do not offer any training with 

their ATVs. These manufacturers 

account for about 10 percent of 

domestic ATV sales, but their share of 

the market has been increasing. [4 & 12] 

The Commission is proposing to 

require that manufacturers provide 

purchasers with a certificate for free 

training for the purchaser and any 

member of his/her immediate family 

who meets the age recommendations for 

the ATV. The benefits of training to new 

ATV purchasers could be substantial. 

As stated above, training may act as a 

surrogate for experience. The greatest 

risk of injury occurs with inexperienced 

riders. Staff’s analysis of ATV incident 

data has found a strong inverse 

relationship between driving experience 

and the risk of hospital emergency 

department-treated injury. The analysis 

indicates that risk in the first year of 

riding was about 65 percent higher than 

the risk in the second year, and about 

twice the risk of the third year. [8] 

The proposed rules outline the basic 

content that a free training course must 

have. This curriculum is based on CPSC 

safety messages and the ‘‘ATV Rider’s 

Course Outline’’ from the Consent 

Decrees. In addition to instruction about 

the basic maneuvers that are necessary 

to operate an ATV safely, the course 

must include instruction about the risks 

of ATV-related deaths and injuries, the 

importance of safety equipment, and the 

importance of avoiding the warned 

against behaviors that are stated in the 

general warning label (such as children 

not riding ATVs, not driving on paved 

roads, etc.). [12] 

In many ways, training is essentially 

an extension of the warning labels and 

owners instruction manuals. The 

training course provides the rider with 

a fuller understanding of the risks 

involved in riding an ATV and of the 

actions he/she can take to avoid or 

reduce these risks. 

G. Description of Proposed Standards 

1. General 

The proposed standards draw from 

the ANSI/SVIA 1–2001 standard for 

four-wheel ATVs (for single rider 

ATVs), the draft voluntary standard for 

tandem ATVs, the Consent Decrees, and 

the LOUs. The Commission has pulled 

together elements from all of these 

sources to construct proposed standards 

with the goal of reducing ATV-related 

deaths and injuries. Both the adult and 

youth standards require that ATVs meet 

requirements for the mechanical 

operation of the ATV, informational/ 

point of sale requirements, and 

certification and recordkeeping 

requirements. 

The Commission believes that the 

reduction of deaths and injuries from 

both adult and youth ATVs will require 

the active participation and cooperation 

of the ATV industry and we encourage 

their recommendations for additional 

safety provisions to the proposed 

mandatory standards. The creation of 

viable, safer youth ATVs will be an 

important component of any final rule. 

2. Requirements for Adult Single Rider 

ATVs 

a. Definitions 

All terrain vehicle or ATV is defined 

as ‘‘a three-or four-wheeled motorized 

vehicle that travels on low pressure 

tires, has a seat designed to be straddled 

by the operator (and a passenger if 

provision is made for carrying a 

passenger), has handlebars for steering, 

and is intended for off-road use on nonpaved surfaces.’’ The definition of ATV 

states that for purposes of this part, an 

ATV is one that is intended for an 

operator 16 years of age or older. The 

term ‘‘manufacturer’’ is defined to 

include an importer for purposes of the 

ATV standards. Many of the definitions 

in the proposed standard are derived 

from the ANSI/SVIA–1–2001 standard. 

b. Equipment and Configuration 

Requirements 

General. Section 1410.5 proposes 

requirements for various aspects of the 

mechanical operation of adult singlerider ATVs. Many of these requirements 

are substantially the same as 

requirements of the ANSI/SVIA–1–2001 

voluntary standard. However, the CPSA 

requires that consumer product safety 

standards be stated as performance 

rather than design standards. Thus, 

some requirements that were stated in 

the ANSI standard in terms of design 

have been modified to establish 

performance requirements. 

The provisions of this section ensure 

that there will be uniformity in the basic 

operation of ATVs from one make or 

model to another. Proposed 

configuration requirements for vehicle 

controls, indicators, and gearing ensure 

the standardized instrumentation and 

safety features of current ATVs. It is 

important that the location and method 

of operation of safety related controls, 

such as brake controls and engine stop 

switch, be standardized to reduce 

operator confusion. The specified 

requirements are consistent with current 

ATV practice which is based on the 

National Highway Traffic Safety 

Administration requirements for 

motorcycle control location and 

operation requirements (49 CFR 

571.123). [5] 

Operator Foot Environment. Proposed 

performance requirements for operator 

foot environment ensure adequate 

vehicle configuration that reduces 

inadvertent contact between the 


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operator’s feet and the ground or the 

ATV’s rear wheels. Operator foot 

contact with the ground or the ATV’s 

rear wheels has been identified as a 

hazard pattern among ATV-related 

injuries. Differing zones are defined for 

ATVs equipped with footpegs (designed 

to support the operator’s foot with a 

relatively narrow bar), and footboards 

(designed to support the operator’s foot 

with a platform-type structure). [5] 

Lighting. Proposed lighting 

requirements mandate headlamps, tail 

lamps, and stop lamps on all adult 

ATVs. The lighting equipment must 

conform to applicable referenced 

standards. This provision was adopted 

from the ANSI/SVIA–1–2001 standard. 

Nighttime riding can be expected with 

adult ATVs and requirements for 

industry standard headlamps will 

ensure minimum illumination for nighttime or safer operation of the vehicle. [5 

& 7] 

VIN or PIN. The proposed standard 

requires that each ATV have assigned a 

unique vehicle identification number 

(‘‘VIN’’) in accordance with 49 CFR Part 

565 or a product identification number 

(‘‘PIN’’) in accordance with Recreation 

Off-Road Vehicle Product Identification 

Numbering System, SAE International 

Consortium Standard, ICS–1000, issued 

2004–9. If the ATV has a VIN number, 

the characters in location 4 and 5 of the 

number must be ‘‘A’’ and ‘‘T’’, 

respectively to identify the vehicle as an 

ATV and an off road vehicle. Having a 

VIN or PIN on every ATV can be helpful 

if an ATV is the subject of a corrective 

action. The VIN or PIN should also 

permit tracing the ATV back to its 

retailer to determine compliance with 

applicable requirements. 

Maximum speed capability and brake 

requirements. Procedures are outlined 

for the measurement of a loaded 

vehicle’s maximum speed. The 

maximum speed is used to determine 

the brake test speed and conformance to 

the youth ATV speed restriction 

requirements. [5] 

The proposed standard establishes 

performance tests for service brakes and 

parking brakes. Reliable brake 

performance is critical to the safety of 

an ATV operator. The requirements 

specify a braking deceleration of 5.88m/ 

s2 (0.6g) or greater for service brakes and 

brake holding power up to a 30 percent 

grade for parking brakes. [5] 

These proposed requirements 

establish minimum brake performance 

to ensure that brake systems are 

adequate for stopping the vehicle and 

holding the vehicle on an incline. The 

specified requirements are consistent 

with current ANSI/SVIA–1–2001 

voluntary standard requirements which 

are patterned after those in the Federal 

Motor Vehicle Safety Standard No. 122 

Motorcycle Brake Systems (49 CFR 

571.122). 

The proposed requirements deviate 

from the current ANSI/SVIA–1–2001 

requirements in terms of the vehicle test 

weight used to perform service brake 

tests. The current voluntary standard 

specifies the test weight as the unloaded 

vehicle weight plus 91 kg (200 lb) if the 

vehicle load capacity is specified as 91 

kg (200 lb) or more. The proposed 

requirements specify the test weight as 

the unloaded vehicle weight plus the 

vehicle load capacity. This will ensure 

that larger vehicles with larger load 

capacities do not have a less stringent 

brake requirement (by using a 

comparatively lower test weight during 

brake tests). 

Stability requirements. The standard 

proposes the same pitch stability 

requirements as the ANSI/SVIA–1–2001 

voluntary standard. The pitch stability 

for single-rider ATVs is based on the 

longitudinal tilt angle of a vehicle 

without an operator. A vehicle’s 

longitudinal tilt angle can be calculated 

by measuring the vehicle’s front and 

rear weights and balancing angle (angle 

at which vehicle is balanced on its rear 

wheels) or it can be measured on a tilt 

table. The ANSI/SVIA–1–2001 

voluntary standard requires calculation 

of a vehicle’s longitudinal pitch angle 

which must be 45 degrees or higher to 

meet the pitch stability requirement. 

The proposed requirements adopt this 

test procedure and minimum tilt angle 

for single-rider ATVs, and add a tilt 

table option to address larger ATVs 

whose weights could make it unsafe to 

follow the voluntary standard 

procedures for measuring and 

calculating the pitch stability. 

The proposed pitch stability 

requirements deviate from ANSI/SVIA–

1–2001 in terms of the test conditions of 

the vehicle. The current voluntary 

standard specifies that the vehicle tires 

be inflated to the ATV manufacturer’s 

lowest recommended pressure. The 

proposed requirements specify that the 

tires be inflated to the ATV 

manufacturer’s highest recommended 

pressure. This will ensure that the 

vehicle configuration with the highest 

expected center of gravity will be tested. 

Over the years, the Commission has 

analyzed the issue of ATV stability. 

Because ATVs are rider-active vehicles 

(that is, their performance is affected by 

the rider’s movements), it is difficult to 

evaluate an ATV’s actual stability. A 

satisfactory static test has been 

developed to measure an ATV’s pitch 

stability (movement from front to back). 

At this point in time, the industry has 

not been able to develop a satisfactory 

test of lateral stability (movement from 

side to side). Thus, the ANSI/SVIA–1–

2001 standard has a requirement for 

pitch stability, but not for lateral 

stability. The Commission’s proposed 

standard likewise contains requirements 

only for pitch stability. However, the 

Commission encourages the industry to 

continue to pursue an accurate and 

reliable test for lateral stability. 

c. Information/Point of Sale 

Requirements 

The proposed standard mandates by 

rule many similar information/point of 

sale requirements as were specified in 

the Consent Decrees and subsequently 

continued in the LOUs. This subpart of 

the proposed standard contains 

requirements for labeling, hangtags, age 

acknowledgment forms, instructional/ 

owner’s manuals, a safety video, and 

instructional training. 

Warning labels. The Consent Decrees 

specified four labels to appear on all 

ATVs: (1) a general warning label, (2) an 

age recommendation label, (3) a 

passenger warning label, and (4) a tire 

pressure and overloading warning label. 

Most ATVs include these or 

substantially equivalent labels as well as 

other discretionary warning labels. 

However, imported ATVs may not have 

all of these warning labels, the labels 

may be unclear or they may not be in 

English. 

The proposed rule requires labels that 

are similar to those required by the 

Consent Decrees, but allows more 

flexibility. The warning labels have 

evolved since the Consent Decrees, and 

the major distributors currently use 

their own copyrighted labels that 

present substantially the same warnings. 

In the case of the general warning label 

and the passenger label, the distributors 

sought Commission approval for new 

labels that included pictograms and 

somewhat different wording than had 

been specified in the Consent Decrees. 

Like the Consent Decrees, the 

proposed rule requires a general 

warning label, an age recommendation 

warning label, a passenger warning label 

and a tire pressure/overloading label (or 

labels). All of the warning labels must 

display the safety alert symbol in 

accordance with section 4.1 of ANSI 

Z535.4–2002, American National 

Standard for Product Safety Signs and 

Labels, and the word ‘‘WARNING’’ in 

capital letters. The format for all of the 

labels must be consistent with the ANSI 

Z535.4–2002 standard. The proposed 

rule requires the same location for the 

single-rider ATVs as was required by 

the Consent Decrees. The proposed rule 


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requires the warning labels to be in 

English. 

The proposed rule specifies 

statements for these warning labels and 

requires that the warning labels provide 

these, or substantially equivalent, 

statements. This should enable 

provision of the vital safety information 

but allow some flexibility to 

manufacturers who are using labels that 

are consistent with, but not identical to, 

the Consent Decree labels. 

General warning label. The proposed 

rule requires a general warning label 

that contains the same statements, or 

substantially equivalent ones, as the 

general warning label required by the 

Consent Decrees. This label warns that 

ATVs can be hazardous to operate and 

that severe injury or death can result if 

the operator does not follow 

instructions to: Read the owners manual 

and all labels; never operate the ATV 

without proper instruction; never carry 

a passenger; never operate the ATV on 

paved surfaces or on public roads; 

always wear a helmet and protective 

clothing; never consume alcohol or 

drugs before or while operating ATVs; 

never operate the ATV at excessive 

speeds; and never attempt wheelies, 

jumps or other stunts. The proposed 

rule states that the warning statements 

may be arranged on the label to group 

the prohibited actions together and the 

required actions together. This is how 

many of the current general warning 

labels are arranged. The location is to be 

the same as specified in the Consent 

Decrees. 

Age recommendation warning labels. 

The content of the age recommendation 

warning labels differs from the Consent 

Decree labels. The Commission’s 

Human Factors staff concluded that the 

Consent Decree age labels for adult 

ATVs are vague about the nature of the 

hazard they are warning against and 

may not be as persuasive as they could 

be. The primary reasons for the age 

recommendations are children’s lack of 

experience and, particularly, their 

immature judgment. If the reasons for 

the age recommendations are not 

explicitly described in the label, parents 

may rationalize why their children are 

exceptions to the recommendations. 

Thus, the proposed rule requires the 

following, or substantially similar 

statement: ‘‘Even youth with ATV 

experience have immature judgment 

and should never drive an adult ATV.’’

The proposed age recommendation label 

also differs from the Consent Decree 

label by directing the message to the 

supervising parents rather than to the 

child, who is likely to ignore it. Thus, 

the proposed rule requires the 

following, or substantially equivalent, 

statement: ‘‘Letting children under the 

age of 16 operate this ATV increases 

their risk of severe injury or death. 

NEVER let children under age 16 

operate this ATV.’’ [10] 

Passenger warning label. The 

proposed rule specifies different 

wording for the passenger warning label 

than the Consent Decrees required. The 

major distributors are currently using a 

passenger label that differs from the 

Consent Decrees. As with the general 

warning label, they asked for and 

received approval from the Commission 

for a different passenger label. Both the 

current label and the Consent Decree 

label identify that the hazard caused by 

a passenger is that the ATV may go out 

of control, but the labels do not state 

how the presence of a passenger can 

lead to loss of control. To address this, 

the proposed standard requires the 

following, or substantially similar, 

statement: ‘‘Passengers can affect ATV 

balance and steering. The resulting loss 

of control can cause SEVERE INJURY or 

DEATH.’’ The proposed standard also 

requires the statement (or a substantially 

similar one): ‘‘NEVER ride on this ATV 

as a passenger.’’ The proposed language 

inserts the phrase ‘‘on this ATV’’

because, with the development of 

tandem ATVs, some ATVs are intended 

to carry passengers. [10] 

Tire pressure and overloading 

label(s). Like the Consent Decrees, the 

proposed standard allows the option of 

having the tire pressure warning and the 

overloading warning in separate 

warning labels or combined into one 

label. The proposed content of the 

label(s) is the same as specified in the 

Consent Decrees. 

Label durability. The proposed rule 

requires that all of the warning labels 

must meet the durability requirements 

of Underwriters Laboratories Standard 

UL 969, fourth edition, October 3, 1995. 

This should ensure that the labels will 

remain on the ATVs and legible for 

operators to see. 

Discretionary warning labels. The 

proposed standard allows 

manufacturers to display additional 

warning labels on ATVs so long as they 

are consistent with ANSI Z535.4–2002, 

American National Standard for Product 

Safety Signs and Labels ANSI Z535.4 

(2002) and are affixed to the ATV in an 

appropriate location that does not 

detract from the required warning 

labels. [10] 

Hangtags. Like the Consent Decrees, 

the proposed standard requires that 

certain hangtags be present on the ATV 

at the point of sale. The hangtags must 

provide the contents of the general 

warning label, a statement that the 

hangtag is not to be removed before sale, 

and a statement directing the purchaser 

to check with the ATV dealer about 

state or local laws concerning ATVs. 

The hangtags must be conspicuous and 

must be at least 4 by 6 inches. 

Age acknowledgement form. The 

proposed rule requires that before the 

sales transaction, the ATV retailer must 

provide the purchaser with an age 

acknowledgement form, the content of 

which is specified in the proposed rule. 

The form tells the purchaser that the 

ATV he/she is considering is for adults 

and that children have immature 

judgment and should never drive an 

adult ATV. The form states the number 

of children who have died and who 

have been injured on adult ATVS in 

each year since 2001 and informs the 

purchaser that youth ATVs are 

available. The retailer must require the 

purchaser to sign the acknowledgement 

form before the sales transaction; must 

provide the purchaser and manufacturer 

with a copy of the form; and must 

maintain the original for at least five 

years. The signed forms must be 

available for Commission inspection 

upon request. 

The purpose of the age 

acknowledgment form is to ensure that 

everyone who purchases an adult ATV 

is aware that it is not intended to be 

ridden by anyone under 16 and that 

children can be severely injured or die 

when riding an adult ATV. The 

Commission has received comments 

from parents indicating that they were 

unaware of the hazard adult ATVs pose 

for children until their child became 

injured or killed while riding one. Even 

with the current warning labels on 

ATVs stating this hazard and with the 

LOU provisions that voluntarily 

continue the major distributors’

agreement to follow the age guidelines 

of the Consent Decrees, apparently some 

consumers purchase adult ATVs 

without knowing that a child should not 

ride them. Requiring purchasers to sign 

a form which states the age 

recommendations will inform the 

purchaser of the risks to children riding 

adult ATVs and could influence them to 

prohibit children under 16 from riding 

one. [8 & 11] 

Instructional/owners manuals. Like 

the Consent Decrees, the proposed rule 

requires that ATVs be provided with an 

instructional/owners manual. The 

proposed rule continues many of the 

Consent Decrees’ requirements for the 

manuals. They must be written to 

convey information about the safe 

operation and maintenance of the ATV, 

be written plainly in language that is 

comprehensible to a 7th grader, and be 

consistent with other required safety 

messages. The basic content of the 


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manual is specified much as it was in 

the Consent Decrees. The proposed rule 

adds a requirement that the manuals be 

in English. 

An introductory safety section must 

contain certain specified safety 

messages. This section concludes with 

CPSC’s website and phone number, and 

the manufacturer must provide a contact 

number for the purchaser to obtain 

further ATV safety information. The 

manufacturer also must provide a phone 

number or email address for the owner 

to report any safety issues (this could be 

the same phone number). The section of 

the manual that describes proper 

operating procedures must include 

narrative text identifying potential 

hazards, possible consequences, and 

describing how to avoid or reduce the 

risk of those hazards. This text must 

also include relevant warning 

statements required by the standard. 

The manufacturer must retain a copy of 

the manual for each model for 5 years 

and make it available for CPSC 

inspection upon request. 

Safety Video. The proposed rule 

requires the retailer to provide the 

purchaser with a safety video before the 

sales transaction is completed. The 

requirements for the safety video are 

substantially the same as those set out 

in the Consent Decrees. The video is to 

include the contents of the hang tag, the 

concept of knowing one’s limitations 

when operating an ATV, the importance 

of gradually progressing from basic to 

more complex maneuvers, and the 

importance of remaining alert while 

operating the ATV. The video also must 

include ATV-related death and injury 

statistics, both for all riders and for 

children under the age of 16, which can 

be stated in rolling five-year averages. 

These must be updated when there is a 

statistically significant change in the 

statistics. The video must be made 

available to the purchaser in at least one 

commonly used format, such as VHS or 

DVD. The manufacturer must retain a 

copy of the video for 5 years and make 

it available for CPSC inspection upon 

request. 

The Commission believes that 

providing the safety video is an 

extension of the safety messages 

specified in the warning labels and the 

instructional/owners manual. The video 

provides safety information through a 

readily accessible medium. It can impart 

more detailed safety information than a 

warning label can. A purchaser might be 

more inclined to watch a safety video 

shortly after purchasing an ATV than 

he/she would be to read the entire 

owner’s manual with all of its safety 

information. 

Instructional Training. The proposed 

rule requires ATV manufacturers to 

provide to purchasers a training course 

(at no cost) for the purchaser and each 

member of the purchaser’s immediate 

family who meets the minimum age 

recommendation for the ATV that is 

being purchased. At the time of sale, the 

retailer must deliver to the purchaser a 

certificate which is valid for attendance 

at a training course that meets the 

requirements in the proposed rule. The 

retailer also must have the purchaser 

sign a form indicating that ATVs are 

complex vehicles to drive and that he/ 

she is aware that free training is 

available. The retailer must retain the 

original of the training disclosure form 

and provide the purchaser and the 

manufacturer each with a copy. 

As discussed above, the Commission 

believes that training can play an 

important role in reducing ATV-related 

deaths and injuries. The curriculum 

specified in the proposed rule is similar 

to training that is currently offered by 

SVIA. It includes instruction on the 

maneuvers necessary for operation of 

the ATV and information about 

behaviors to avoid in order to reduce the 

rider’s risk of injury. The course must 

include classroom, field and trail 

activities. The course content must 

include information on ATV-related 

deaths and injuries; the role of safety 

equipment; rider responsibilities and 

safety messages; identifying displays 

and controls on the ATV itself; 

recognizing one’s limitations while 

driving; evaluating a variety of 

situations to predict a proper course of 

action, including terrain obstacles and 

behavior of other riders; demonstrating 

successful learning of riding skills, 

including starting, stopping, and 

negotiating turns of all types; stopping 

in a turn; emergency braking; 

negotiating full-track and partial-track 

obstacles; driving up hills; and 

combining skills together in a nonpredictable manner. No course duration 

is specified, but it must be sufficient to 

cover all of the topics outlined in the 

proposed rule and to allow for students 

to individually master the riding skills 

covered in the course and to allow for 

written and riding skills tests.[12] 

Although no specific time or location 

is stated, the course must be provided 

within a reasonable time from the date 

of purchase of the ATV and a reasonable 

distance from the place the ATV is 

purchased. 

Recordkeeping, testing and 

certification. The proposed rule requires 

manufacturers to provide near the VIN 

or PIN number a statement certifying 

that the ATV meets the requirements of 

the standard. The manufacturer must 

perform, or cause to be performed, tests 

sufficient to demonstrate on an 

objectively reasonable basis that each 

ATV produced by the manufacturer 

meets the mechanical operation 

requirements of the proposed rule 

(sections 1410.5 through 1410.9). (This 

requirement is not intended to mandate 

testing of every ATV of a particular 

model.) 

The proposed rule requires ATV 

manufacturers (including importers) to 

keep records sufficient to show that 

each ATV the manufacturer produces 

meets the requirements of the proposed 

standard. The records must be in 

English and must be kept at a U.S. 

location for five years after the 

manufacturer ceases production of that 

model. Retailers must keep records of 

the age recommendations 

acknowledgment form and the training 

acknowledgment form for five years 

after the purchase. 

3. Requirements for Tandem ATVs 

a. Background 

Tandem ATVs are a relatively recent 

development. The Consent Decrees did 

not contemplate ATVs designed for 

more than one rider. The ANSI/SVIA–

1–2001 standard does not cover tandem 

ATVs. However, in 2002 the 

International 2-Up ATV Manufacturers 

Association (I2AMA) began working on 

a voluntary standard for tandems, which 

subsequently became a draft ANSI 

voluntary standard, ANSI/I2AMA–1–

XXXX, Draft American National 

Standard for Four Wheel, Two Person, 

All-Terrain Vehicles Equipment, 

Configuration, Performance, Safety 

Information and Training Requirements. 

Recently, I2AMA agreed to suspend its 

development of a tandem standard and 

will instead work with SVIA to include 

tandem ATVs in the existing ANSI/ 

SVIA standard. [5] 

The Commission covers tandem ATVs 

in its proposed standard for adult ATVs. 

Most of the requirements for single rider 

ATVs also apply to tandems. A few 

provisions in the equipment and 

configuration requirements and the 

information requirements are different 

in order to make them appropriate for 

tandems. The certification, testing and 

recordkeeping requirements specified 

above also apply to tandem ATVs. 

b. Equipment and Configuration 

Requirements 

Most of the proposed equipment and 

configuration requirements for single 

rider ATVs also apply to tandem ATVs. 

The proposed standard for tandems 

states requirements for the passenger 

environment, and modifies the single 


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rider requirements for the operator and 

passenger foot environment to suit 

tandem ATVs. The proposed tandem 

standard also adds requirements for 

passenger handholds. Two headlights 

and two tail lights are required for 

tandem ATVs that are wider than 1500 

mm. These proposed requirements are 

based on the draft voluntary standard 

for tandem ATVs and additional 

information provided by letter from the 

SVIA of May 19, 2006. [5] 

The proposed pitch stability 

requirements are different for tandem 

ATVs than for single rider ATVs. The 

pitch stability for single rider ATVs is 

based on the longitudinal tilt angle of a 

vehicle without an operator. However, 

the pitch stability for tandem ATVs is 

based on the tilt angle of a vehicle with 

an operator and passenger (simulated 

loads). The proposed requirements for 

tandem ATVs adopt the tilt table 

method and minimum tilt angle 

specified in the ANSI draft standard for 

tandem ATVs. A tandem ATV with 

simulated operator and passenger 

weights must reach a minimum of 36 

degrees in the longitudinal direction on 

a tilt table before lift-off of both 

uppermost tires occur. Lift-off of a tire 

occurs when a strip of 20-gauge steel 

can be pulled from underneath the tire 

with a force of 9 N (2 lbf) or less. [5] 

c. Information Requirements 

Most of the information requirements 

discussed above for single rider ATVs 

also apply to tandem ATVs. However, 

there are a few differences. The general 

warning label proposed for tandem 

ATVs omits the warning about carrying 

a passenger. The passenger warning 

label is completely different from the 

passenger warning label of single rider 

ATVs. It states ‘‘Never carry more than 

1 passenger,’’ and states the following 

recommended hazard avoidance 

behaviors: ‘‘Never carry a passenger too 

small to firmly plant his/her feet on the 

footrests and to securely grab the 

handles; never allow a passenger to sit 

in a location other than the passenger 

seat; and never carry a passenger who is 

not securely grasping the grip handles at 

all times.’’ [10] 

The location required for the 

passenger warning label for tandem 

ATVs is also different from the location 

required for the single rider ATV. 

Because the general warning label 

required by the proposed standard no 

longer has any warnings about 

passengers, the passenger warning label 

should have greater visibility. Therefore, 

the proposed rule requires it to be 

affixed to the front fender of the tandem 

adjacent to the general warning label, so 

that it can be easily read by the operator 

when seated on the ATV in the proper 

operating position. [10] 

The hangtag must provide the 

contents of the general warning label 

required for tandems rather than the one 

required for single rider ATVs. The 

instructional/owners manual also must 

have a different statement about 

passengers. It must state the following 

(or substantially equivalent): ‘‘NEVER 

CARRY MORE THAN ONE 

PASSENGER. This ATV has been 

designed specifically to carry one 

passenger.’’ [10] 

4. Requirements for Youth ATVs 

a. General 

As discussed in section E above, the 

Commission is proposing three 

categories of youth ATVs based on 

maximum speed. Many of the proposed 

requirements for youth ATVs are similar 

to those for adult ATVs and the ANSI/ 

SVIA–1–2001 voluntary standard. 

Because the FHSA, which provides 

authority for the proposed youth 

standard, allows design standards, some 

of the provisions of the proposed youth 

standard are phrased more closely to the 

ANSI/SVIA–1–2001 standard than the 

comparable adult standard provisions. 

A youth ATV is defined as an ATV 

that is intended for use by an operator 

less than 16 years of age. A Junior ATV 

is a youth ATV intended for use by an 

operator at least 6 years old. A Pre-teen 

ATV is a youth ATV intended for use 

by an operator at least 9 years old. And 

a Teen ATV is a youth ATV intended for 

use by an operator at least 12 years old. 

b. Equipment and Configuration 

Requirements 

With the exception of lighting, 

maximum speed capability, and the 

requirement for automatic transmission, 

the proposed equipment and 

configuration requirements for youth 

ATVs are essentially the same as those 

for adult single rider ATVs, which are 

expressed as performance requirements. 

Lighting. The proposed youth 

standard requires all youth ATVs to 

have at least one stop lamp, and it 

prohibits any headlamp or forwardfacing day-time running lights. The 

ANSI/SVIA–1–2001 standard prohibits 

both headlamps and tail lamps and is 

silent about running lights. [7] 

The Commission believes that youth 

ATVs should have stop lamps to alert a 

follower to the deceleration of a lead 

vehicle. The Commission believes it is 

also appropriate to allow (but not 

require) tail lamps for youth ATVs. Both 

of these types of lights could increase 

the ability of other ATVs to see a youth 

ATV, but they would not improve the 

ability of the youth ATV rider to operate 

the ATV at night. It is the concern that 

children may be encouraged to ride 

ATVs at night that is the basis for the 

proposed rule’s prohibition of 

headlamps and forward-facing daytime 

running lights. Although the purpose of 

daytime running lights is to make the 

vehicle more conspicuous to other 

drivers rather than to illuminate the 

driver’s path, the Commission is 

concerned that parents and children 

may have difficulty distinguishing 

between a daytime running light and a 

headlamp. This may encourage a child 

to ride at night. Thus, the proposed 

standard for youth ATVs allows daytime 

running lights only if they are not 

forward facing. This should increase the 

conspicuity of the ATV without 

providing forward illumination that 

could encourage night riding. [7] 

Maximum speed capability. As 

discussed above, the proposed rule 

establishes maximum speeds for three 

categories of youth ATVs. Junior ATVs, 

which are intended for children age 6 

and older, must have a maximum speed 

capability of 10 mph. Pre-teen ATVs, 

which are intended for children age 9 

and older, must have a maximum speed 

capability of 15 mph. And Teen ATVs, 

intended for children age 12 and older, 

must have a maximum speed of 30 mph. 

In addition to placing limits on the 

maximum speed capability of the ATV, 

the proposed youth standard also 

requires speed limiting devices for Preteen and Teen ATVs. The maximum 

speed allowed for a Pre-teen ATV with 

a speed limiting device is 10 mph and 

the maximum restricted speed allowed 

for a Teen ATV is 15 mph. The youth 

ATVs requiring speed limiting devices 

must be delivered to the purchaser with 

the speed limiting device adjusted to 

limit the maximum speed to the lowest 

setting specified for each category of 

youth ATV. The proposed rule requires 

the simultaneous use of two different 

tools for the speed limiting devices to be 

adjusted or removed. This requirement 

is to make the devices more difficult to 

remove and thus discourage children 

from removing them without the 

participation of an adult. [5&6] 

Although the proposed rule creates 

three categories of youth ATVs instead 

of the current two categories, the 

proposal retains the current maximum 

unrestricted speed of 30 mph for youth 

ATVs. The combination of defining 

youth ATVs only by their maximum 

speed capability (rather than engine 

size) while retaining the maximum 

speed currently in place should allow 

manufacturers to develop ATVs with 

larger frames and somewhat more 

powerful engines while still 


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maintaining the safety of the current 

speed limitations. Consequently, 

provided a manufacturer is committed 

to the speed limitations of this proposed 

youth ATV standard, the Commission 

would not oppose a modification to a 

LOU to delete the engine size limitation. 

Automatic transmission. As discussed 

above, the proposed rule requires that 

all youth ATVs have automatic 

transmissions. The operation of an ATV 

is complex for a child even without the 

added activity of changing gears. 

c. Information Requirements 

The requirements for labels, hangtags, 

instructional/owners manuals, safety 

video, and training in the proposed 

youth ATV standard are essentially the 

same as those in the proposed adult 

standard. However, there are some 

differences in wording where 

appropriate. 

Labels. As with the warning labels for 

adult ATVs, the format for all required 

warning labels for youth ATVs must be 

consistent with the ANSI Z535.4–2002 

standard. The required location for all of 

the youth warning labels is the same as 

required for adult single rider ATVs. 

The contents of the general warning 

label, the passenger warning label, and 

the tire pressure and overloading 

label(s) are the same as required for 

adult single rider ATVs. The contents of 

the age recommendation labels differ 

slightly for each category of youth ATV. 

The age recommendation label for the 

Junior ATV must display the safety alert 

symbol and the word ‘‘WARNING’’ in 

capital letters. It must also contain a 

circle with a slash through it and within 

the circle the words ‘‘UNDER 6.’’ The 

proposed rule requires that below the 

circle must be the following, or 

substantially equivalent, statements: 

‘‘Operation of this ATV by children 

under the age of 6 increases the risk of 

severe injury or death. Adult 

supervision required for children under 

16. Never let children under 6 operate 

this ATV.’’ The age recommendation 

labels for the Pre-teen and Teen ATVS 

are similar, but the ages 9 and 12, 

respectively, are inserted instead of the 

age 6. [10] 

Hangtags. The proposed rule 

requirements for hangtags are similar to 

those in the proposed adult single rider 

standard. However, in addition to the 

statements required there, the youth 

ATV hangtag must also state: ‘‘Even 

though a child is of the recommended 

age to operate a particular size ATV, not 

all children have the strength, skills, or 

judgment needed to operate an ATV 

safely, and parents should, therefore, 

supervise their child’s operation of the 

ATV at all times.’’ [10] 

Age acknowledgment. The proposed 

youth ATV standard also requires the 

retailer to get the purchaser’s signature 

on an age acknowledgment form before 

the sales transaction. However, the 

required acknowledgment form is 

different from the adult standard. The 

form states the age categories and 

corresponding speed range. It advises 

the purchaser to buy an ATV that fits 

his/her child or teen, to use the speed 

limiter while the child is developing 

skills on the ATV, and to always 

supervise his/her child or teen. [6] 

Instructional/owners manuals. The 

proposed youth standard’s requirements 

for owners manuals are essentially the 

same as the requirements for adult 

single rider ATVs. However, statements 

concerning children’s use of ATVs have 

been modified or added. The manual 

must contain an introductory notice to 

parents emphasizing that ATVs are not 

toys and that it is important for children 

to understand the manual’s instructions 

and warnings. The introductory section 

must contain the following statement: 

‘‘Children differ in skills, physical 

abilities, and judgment. Some children 

may not be able to operate an ATV 

safely. Parents should supervise their 

children’s use of the ATV at all times.’’

[10] 

Safety video and training. 

Requirements concerning the safety 

video and training are the same in the 

proposed youth standard as in the 

proposed adult ATV standard. 

5. Ban of Three-Wheeled ATVs 

The Consent Decrees prohibited the 

ATV distributors who signed the 

Consent Decrees from distributing or 

selling three-wheeled ATVs. In the 

LOUs, the major distributors agreed to 

continue to refrain from selling threewheeled ATVs. None of them currently 

sell them (although three-wheeled ATVs 

that pre-date the Consent Decrees are 

still in use and could continue to be 

used if a ban is finally adopted). 

However, newer entrants to the ATV 

market have not made such agreements 

with the Commission. 

The Commission’s Office of 

Compliance has found that threewheeled vehicles are being advertised 

and marketed as ATVs for sale in the 

United States. Compliance staff has 

identified three importers who have 

sold a recreational vehicle that is 

essentially a cross between a traditional 

ATV and a dirt bike, and would meet 

the proposed rule’s definition of an 

ATV. All three importers use the 

Internet as the retail location for this 

product. They refer to it as a threewheeled ATV. The price ranges from 

$350.00 to $380.00, plus shipping. All 

three importers are selling this product 

with a 49cc engine displacement. [14] 

In addition, two styles of an all terrain 

three-wheeled golf scooter are being 

sold on the Internet and at golf supply 

stores. Both of these styles would meet 

the proposed rule’s definition of an 

ATV. 

The presence of these three-wheeled 

vehicles on the market indicates that the 

current LOU provisions, which continue 

the stop sale provision in the Consent 

Decrees, are not sufficient to keep new 

three-wheeled ATVs from entering the 

market. As discussed earlier, the newer 

entrant importers have been increasing 

their proportion of the market for ATVs 

sold in the U.S. This could mean 

increasing availability of these types of 

three-wheeled ATVs. [4] 

Analysis of Commission data 

indicates that the risk of injury 

associated with three-wheeled ATVs is 

substantially higher than with fourwheeled ATVs. A recent risk analysis, 

based on injuries reported through the 

CPSC’s National Electronic Injury 

Surveillance System (‘‘NEISS’’) and a 

parallel survey of the general population 

of ATV drivers, found that the risk of a 

hospital emergency department treated 

injury on a three-wheeled ATV was 

about 3.1 (95% confidence interval, 1.5 

times to 6.4 times) times the risk on a 

similar four-wheeled ATV. As explained 

in the Preliminary Regulatory Analysis, 

the staff estimates the expected 

difference in non-fatal injury costs 

between three- and four-wheeled ATVs 

to be about $3,045 per ATV annually. 

This means that over the expected 9 

year life of an ATV, the present value 

of the injury cost difference would be 

about $23,700. Even a lower bound 

estimate for the injury cost differential 

comes to a difference of $6,839 over the 

life of the product. The injury cost 

difference would be offset somewhat by 

the lower retail costs of a three-wheeled 

ATV compared to a four-wheeled ATV. 

Accounting for this, the total costs 

associated with three-wheeled ATVs 

(including both the injury costs and the 

costs of purchasing the ATV) might 

amount to about $23,400 ($23,700 in 

injury costs less $300 in retail costs) 

more than the costs of a similar fourwheeled ATV (over its useful product 

life). At the lower bound level, the 

difference would amount to about 

$6,530. [8] 

Although the Commission cannot 

quantitatively estimate the utility of a 

three-wheeled ATV, available evidence 

suggests that the utility differential 

between a three-wheeled ATV and a 

four-wheeled ATV, for most people, is 

minimal. In the 1980s, before the 

Consent Decrees, four-wheeled ATVs 


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were steadily increasing their market 

share, so that by 1986, 80% of ATVs 

sold were four-wheeled models. 

Moreover, after the manufacturers 

agreed to stop selling three-wheeled 

ATVs pursuant to the Consent Decrees, 

the market price of used three-wheeled 

ATVs declined relative to four-wheeled 

models. This indicates that most 

consumers did not value three-wheeled 

ATVs significantly more than fourwheeled ATVs. [8] 

At this point, it seems unlikely that 

any feasible standard could be 

developed for three-wheeled ATVs. As 

the Engineering staff notes, threewheeled ATVs are less stable than fourwheeled ATVs and require far more 

active rider input to steer properly. 

Although many technical factors make a 

four-wheeled ATV more dynamically 

stable than a three-wheeled ATV, one of 

the largest factors is the fourth wheel. 

Given the inherent difference in vehicle 

configuration, the Commission does not 

believe that it is feasible to develop a 

performance standard for three-wheeled 

ATVs that would improve their stability 

performance to the level of a fourwheeled ATV. [5] 

H. Response to Comments on the ANPR 

As discussed above, the Commission 

published an ANPR in the Federal 

Register on October 14, 2005, 70 FR 

60031. The Commission received 165 

comments; one of those comments was 

a form letter, copies of which were 

submitted by about 1,500 consumers. 

Among those who sent comments to the 

Commission were ATV Safety Institute 

instructors; a state senator; ATV riders; 

parents and relatives of riders; parents, 

relatives, and friends of fatality and 

injury victims; consumers; medical 

professionals; consumer organizations; 

ATV industry associations; employees 

of the ATV industry; the Centers for 

Disease Control and Prevention; and 

students at a U.S. university. 

The issues that were raised most 

frequently concerned the importance of 

training and safety education; state and 

local laws and enforcement; the use of 

protective gear; age/size guidelines, the 

proper fit of a child on an ATV and a 

transitional vehicle; the need to provide 

ATV purchasers with ATV-related death 

and injury statistics; ATV design; and 

parental rights and responsibilities. 

Other comments provided ATV-related 

injury and fatality statistics for specific 

states, regions, and hospitals. Some 

comments stated a position on the 

petition that was submitted in 2002 by 

the CFA and eight other groups. 

Another issue raised in a handful of 

comments was the non-recreational use 

of ATVs and the marketing of ATVs for 

that purpose. 

Each of these issues, with the 

Commission’s response, is summarized 

below. Many of the issues raised in the 

comments are discussed in more detail 

in the staff’s input memoranda listed at 

the end of this notice. 

Training 

Comment. Many comments expressed 

the importance of training for safe ATV 

driving. Some comments spoke about 

training in general being important, 

while a few others suggested that 

training should be mandated, that 

training should be required before 

purchase of an ATV, or that training 

should be free of charge to all ATV 

riders. 

Response. CPSC agrees that formal 

hands-on training teaches drivers how 

the ATV responds in situations that are 

typically encountered. CPSC believes 

that ATV training is important because, 

as mentioned in the memo ‘‘ATV 

Training’’ from the Division of Human 

Factors, operating an ATV seems 

deceptively easy; steering controls are 

similar to a bicycle’s, and the throttle is 

generally lever-operated with the 

thumb. ATVs, however, are high-speed 

motorized vehicles that require repeated 

practice to drive proficiently. In 

addition, riding an ATV is ‘‘rideractive,’’ that is, the rider must actively 

shift his or her body to maintain proper 

control of the vehicle. It takes repeated 

practice to become a proficient driver. 

Formal training may act as a surrogate 

for experience because it exposes new 

ATV drivers to situations they will 

encounter while riding off-road and 

teaches them the proper driving 

behavior to navigate those situations. 

As discussed above, to address the 

issue of training, CPSC is proposing that 

retailers of ATVs provide to every 

purchaser of an ATV a training 

certificate that would offer free handson training to members of the 

purchaser’s immediate family. The 

course would include classroom, field, 

and trail activities, and a means for the 

student to demonstrate skills. 

State and Local Laws and Enforcement 

Comment. Many comments reflected 

on the role of states and localities in 

addressing the risks associated with 

ATVs. Some commenters expressed the 

need to enact state legislation, while 

others expressed the need for the states 

to clarify and enforce the laws that 

already are in place. Some commenters 

called for ATV licensing, just as 

automobile drivers have driver’s 

licenses. Others suggested fines for 

riding on public roads, as well as sales 

taxes or city taxes on ATVs. Some 

commenters felt that more laws are not 

the answer because they still will not 

cause irresponsible drivers to drive 

safely. One commenter suggested that 

state laws should set minimum age 

limits for ATV riders and require 

licensing, registration, training, safety 

equipment, and prohibit passengers, 

while another commenter suggested that 

Congressional action should be taken to 

provide financial incentives for states to 

adopt safer ATV laws. Other 

commenters asked that CPSC join the 

ATV companies and other interested 

parties in actively supporting enactment 

of comprehensive ATV safety legislation 

in states where it is under 

consideration. A state senator from 

Minnesota expressed opposition to any 

federal regulation that ‘‘removes the 

state as the primary regulatory 

mechanism’’ for ATVs. Other 

commenters wrote about having 

graduated licensing of ATV drivers as 

some states have for automobiles. 

Response. CPSC believes that states 

and localities have a critical role to play 

in any strategy to address the risk of 

injury and death associated with ATVs. 

Legislative activity, or interest in such 

activity, has been on the increase in the 

states. As noted in the staff’s briefing 

memorandum, the staff suggests that the 

Commission establish an online state 

data resource bank for use by those who 

might want to pursue legislation or 

other ATV safety-related actions. 

Helmets and the Use of Protective Gear 

Comment. Some commenters noted 

that the use of helmets and protective 

gear is important in reducing deaths and 

injuries. One commenter cited CPSC 

staff research that suggests that between 

42 and 64 percent of fatalities and 

hospitalized injuries involving the head 

‘‘could have been averted by helmet use 

in cases where a helmet was not being 

worn.’’ Others mentioned that ATV 

riders and parents of riders need to 

know the importance of helmet use, 

while another commenter suggested that 

the helmet should be ‘‘required to be 

thrown in as part of the package.’’

Response. CPSC has always 

emphasized the importance of using 

helmets and other protective safety gear. 

As noted in the briefing package, CPSC 

staff encourages retailers to comerchandise ATV safety gear, 

particularly helmets, alongside ATVs. 

The importance of wearing helmets and 

safety gear is one of the messages in the 

proposed rule; the message would be 

required on the general warning label 

and in the owner’s manual. Wearing 

suitable equipment also is included as 


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an element in the required training 

course. 

Age/Size Guidelines, Proper Fit, and 

Transitional Vehicle 

Comment. Many commenters 

addressed the current age/size 

guidelines and the importance of 

finding a ‘‘right fit’’ for a child who 

rides an ATV; they also supported or 

opposed a transitional vehicle. 

Commenters noted the difficulty of 

children being able to get training when 

they were on an adult ATV; others said 

that the current CPSC guidelines 

matching engine size to age are too 

narrow in focus. One commenter 

suggested focusing less on the age of the 

rider and more on size, weight, and 

experience. Another commenter pointed 

out that the market now has some midsized ATVs and that they are safer for 

a child to ride than the smaller 90cc 

ATVs, while another suggested that 

children ages 12 to 15 years old should 

be able to ride up to a 250cc 4-stroke 

ATV. Other commenters pointed out 

that the age restriction actually leads to 

a safety problem because riding an 

undersized ATV is as much a safety 

concern as riding an oversized ATV. A 

few commenters mentioned that being 

able to adjust the throttle limits was a 

particularly useful feature as children 

grow physically and learn to ride. 

With respect to a transitional vehicle, 

many commenters expressed opposition 

and stated that any proposal to put a 

child on an ATV larger than 90cc 

should be rejected, that this would be a 

step backward, and it would put 

children at an even greater risk of death 

and injury. Commenters who were in 

opposition to a transitional vehicle 

seemed to equate a transitional vehicle 

as one that was heavier, larger and 

faster. 

Response. As discussed in section E 

of this notice and in the briefing memo, 

CPSC believes that speed, not engine 

size, is a more appropriate criterion for 

determining which ATVs should be 

recommended for children and youth 

under the age of 16. The proposed rule 

eliminates engine size as a category 

marker for distinguishing youth ATVs. 

In addition, all youth model ATVs will 

be required to have an automatic 

transmission, so that children can focus 

on mastering driving skills before 

learning to coordinate gear shifting with 

the many other skills involved in 

operating an ATV. 

CPSC believes that limiting maximum 

speed is the most critical safety factor 

for youth ATV models. By eliminating 

the engine size restriction, 

manufacturers will be able to produce a 

variety of ATV models that meet speed 

restrictions but are more appropriately 

sized to account for the wide variation 

in physical dimensions of young people. 

By having the option of riding betterfitting ATVs that are not performance 

limited by undersized engines, CPSC 

believes that more youth will ride ageappropriate and speed-restricted ATVs 

rather than gravitating toward adult 

ATV models. 

Disclosure of Death and Injury Data 

Comment. Several comments 

expressed the belief that information 

about the risk of injury and death 

associated with riding ATVs, especially 

with regard to children riding adult 

ATVs, has not been available to 

prospective purchasers and that such 

information should be provided at the 

point of sale. One of these comments 

includes the 1,500 individuals who 

submitted the letters that are entered as 

comment 57. 

Response. The proposed rule would 

require that ATV dealers provide 

purchasers of adult ATVs with a written 

statement that (1) clearly states that 

adult ATVs are not intended for use by 

children under the age of 16, and (2) 

gives consumers specific information 

about the possible injury consequences 

of allowing children to ride adult ATVs. 

The disclosure statement would be 

provided to purchasers prior to 

completion of the sale. Consumers 

would be required to sign the statement 

to acknowledge that they had been 

informed about the CPSC age guidelines 

for youth models and the risks 

associated with children riding adult 

ATVs. Similar disclosure forms would 

be provided to purchasers of youth 

ATVs; those forms would indicate the 

age of the child for which the youth 

model was designed. 

ATV Design 

Comment. Comments on ATV design 

ranged from the belief that deaths and 

injuries are operator error and not the 

result of the machine’s design to some 

specific suggested design changes. One 

commenter said that manufacturers 

should not be required to significantly 

modify their designs for the sake of 

adding safety equipment, while a few 

others stated that ATVs should have a 

roll bar and safety belt. Other suggested 

design changes included: tags (license 

plates) on machines so they can be 

identified; make the ATVs two inches 

wider; provide a seat actuator which 

would turn the engine off if a passenger 

was on a single-person ATV; provide 

daytime running lights and headlights 

on ATVs. One commenter suggested 

that CPSC should determine the 

appropriate testing that needs to be 

done in order to assess dynamic 

stability, rollover propensity, and 

braking, suspension, and handling 

systems. 

Response. CPSC staff notes in Tab G 

of the briefing package from the 

Directorate for Engineering Sciences 

that there are technical issues that 

would benefit from further testing and 

study. This work, however, will require 

time and the coordinated application of 

CPSC and private sector resources. 

CPSC believes that the most effective 

way to carry this out is through close, 

ongoing interaction with voluntary 

standards committees that are 

addressing ATVs in that regard. 

With respect to lighting equipment, 

the proposed rule for adult ATVs would 

require at least one headlamp projecting 

a white light to the front of the ATV, at 

least one tail lamp projecting a red light 

to the rear and at least one stop lamp or 

combination tail/stop lamp. Daytime 

running lights would be allowed on 

adult ATVs. 

All youth ATVs would be required to 

have at least one stop light. As 

discussed in section G.4.b above and in 

the briefing package, CPSC believes that 

riding ATVs at night is a significant risk 

factor for children and should be 

discouraged. Because headlamps or any 

forward-facing light on youth ATVs may 

encourage nighttime and unsupervised 

riding in challenging conditions, CPSC 

believes that these lights should not be 

allowed. Under the proposed rule, 

forward-facing daytime running lights 

for conspicuity would be prohibited on 

a youth ATV; but daytime running 

lights would be allowed on other parts 

of youth ATVs. A brake light would be 

required on youth ATVs. 

Parental Rights and Responsibilities 

Comment. Many comments focused 

on parental rights and responsibilities. 

For the most part, these comments 

expressed the belief that parents have 

the right and the responsibility to make 

decisions for their children and are the 

best judges of their children’s abilities 

and skill levels. Other comments stated 

that some parents have neglected 

supervising their children and that the 

rights of many should not be taken away 

because of the actions of a few. 

Response. CPSC agrees that parents 

must play a critical role in supervising 

their children’s use of ATVs. This 

includes decisions about the size of 

ATV their child /children should use 

and their child’s riding behavior. As 

mentioned above, the proposed rule 

requires that information be provided to 

help parents in their decision-making. 

The mandatory labels for youth ATVs 

provide a notice to parents that children 


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should ride only age-appropriate ATVs, 

while the hangtags and the owner’s 

manual are required to include 

messages about the importance of 

supervision. 

Injury and Fatality Statistics 

Comment. Some comments included 

death and/or injury statistics for specific 

regions of the country, specific hospital 

emergency rooms, and specific states; 

some of the information was contained 

in articles that had been published in 

professional journals. A few 

commenters talked about the 

comparative risk of ATV riding and the 

risk associated with other activities. One 

commenter stated that overall ATV 

injury risk, as measured per vehicle in 

use (for all ages or for children) has been 

stable since the expiration of the 

Consent Decrees in 1998 and that ATVrelated fatality risk (for all ages or for 

children) has declined or remained 

stable since 1999. 

Response. With respect to the 

comment that overall ATV injury risk 

has been stable since the expiration of 

the Consent Decrees, the Directorate for 

Epidemiology notes that the 2004 

Annual Report of ATV Deaths and 

Injuries compared the 2004 injury risk 

to the 2001 injury risk and concluded 

that there was no statistically significant 

trend in injury risk, positive or negative, 

from 2001 to 2004. However, the report 

noted that the statistical testing of 

differences in injury risk prior to 2001 

is not possible due to the unavailability 

of measures of variation for risk 

estimates during those years. 

With respect to fatality risk, CPSC 

staff notes that, because data collection 

was incomplete for the years 2002–2004 

at the time of the most recent report, no 

conclusions could be made about 

fatality risk for those years. The 

commenter’s assertion that fatality risk 

has declined or remained stable does 

not appear to be the result of a statistical 

test, since no measures of variation are 

provided in the commenter’s report. 

CPSC staff has not performed statistical 

testing on risk of death for similar 

reasons. 

As noted in section D of this notice 

and in the briefing memo, there were an 

estimated 136,100 emergency roomtreated injuries for all ages in 2004. This 

was an increase of 10,600 from 2003. In 

2003, there were an estimated 740 

deaths associated with ATVs. Twentysix percent of the reported deaths in 

2001 were of children under 16 years 

old. 

Ban the Sale of Adult-Size ATVs for the 

Use of Children Under 16 Years Old 

Comment. Several comments were 

submitted that specifically expressed a 

position on the CFA petition to ban the 

sale of adult sized vehicles for use by 

children under 16 years old. This 

included the 1,500 form letters 

submitted as comment 57, which 

expressed the opinion (without 

mentioning the petition) that the sale or 

rental of adult-sized ATVs to anyone 

under 16 should be prohibited. A few 

letters expressed opposition to the 

petition. 

Response. The petition to ban the sale 

of adult ATVs for the use of children 

under 16 years old was the focus of the 

staff’s 2005 briefing package. The staff 

comments on the petition are contained 

in that document. 

Non-Recreational Use of ATVs, ATV 

Marketing 

Comment. A few commenters 

mentioned the non-recreational aspect 

of ATVs, the perceived need to limit 

their marketing to farm or utility use 

alone, and that the advertised 

recreational use of ATVs is not a 

practical or safe form of activity. Some 

of these commenters expressed concern 

about the injuries and deaths associated 

with the use of ATVs in farm or utility 

work. 

Response. CPSC believes the issue of 

how ATVs are marketed as recreational 

or utility vehicles is better addressed by 

the Federal Trade Commission. 

I. Preliminary Regulatory Analysis 

The Commission is issuing a 

proposed rule under sections 7, 8 and 9 

of the CPSA and section 2(q)(1)(A) of 

the FHSA. Both the CPSA and FHSA 

require that the Commission prepare a 

preliminary regulatory analysis for these 

proposed rules and that it be published 

with the final rule. 15 U.S.C. 2058(c) 

and id. 1262(h). The following 

discussion is extracted from the staff’s 

memo, ‘‘All Terrain Vehicle Mandatory 

Standard: Preliminary Regulatory 

Analysis.’’

1. Introduction 

The main provisions of the ATV 

proposed rules include (1) Mechanical 

requirements for ATVs,(2) a ban on the 

sale of new three-wheel ATVs, (3) speed 

limitations on ATVs intended for 

children under 16 years of age, (4) 

requirements for warnings and 

recommendations to be provided to 

purchasers of new ATVs through hang 

tags, labels, videos, and owner’s 

manuals, (5) requirements for a 

disclosure statement to be provided to 

purchasers warning against the use of 

adult ATVs by children, (6) a 

requirement that all purchasers of new 

ATVs be offered free safety training, and 

(7) requirements that purchasers of new 

ATVs be provided with a means for 

reporting safety related complaints to 

the manufacturer and the CPSC. 

Many of the provisions of the 

proposed rules are based on an existing 

voluntary standard (ANSI–SVIA–1–

2001), provisions of the 1988 Consent 

Decrees, and the current LOUs with a 

number of manufacturers that may 

account for as much as 90 percent of the 

U.S. market for ATVs. Consequently, the 

Commission believes that most ATVs 

are already in substantial conformance 

with most of the provisions of the 

proposed rule. Some of the smaller 

manufacturers, and some of the recent 

entrants into the market may also be in 

conformance with some (or most) of the 

provisions of the proposed rule. 

Promulgating a mandatory rule will 

ensure that manufacturers that are 

already conforming continue to do so, 

and that any manufacturer that does not 

now conform can be brought into 

conformance. 

Below is a preliminary regulatory 

analysis of the proposed rule, including 

a description of the potential costs and 

potential benefits. Each element of the 

proposed rule is discussed separately. 

For some elements, the benefits and 

costs cannot be quantified in monetary 

terms. Where this is the case, the 

potential costs and benefits are 

described and discussed conceptually. 

2. Products Covered 

An ATV is a motorized vehicle with 

3 or 4 low-pressure tires (less than 10 

pounds per square inch) that is intended 

for off-road use. The seat is designed to 

be straddled by the operator. Handlebars 

are used for steering control. Most ATVs 

are intended to carry only one person: 

the operator. More recently, some 

tandem ATVs have been introduced that 

are designed to carry a passenger in 

addition to the operator. ATVs can be 

used for purposes of recreation, sport or 

utility. 

If promulgated in final, the proposed 

rule will apply to all ATVs sold in the 

United States on or after the effective 

date of the rule (180 days after 

publication of a final rule). It will not 

apply to ATVs that were sold prior to 

the effective date. 

3. ATV Manufacturers, Numbers in Use, 

and Sales 

The ATV market has grown 

substantially since Honda introduced 

the first ATV in 1969. The Specialty 

Vehicle Institute of America (SVIA) 

estimated that in 2005, there were 6.9 


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million ATVs in use. While most ATVs 

are used for recreational activities, 

ATVs can also be used for nonrecreational activities, such as farm or 

ranch work or for transportation to 

remote work sites that are not accessible 

on paved roads. 

The number of new ATVs sold 

annually has increased substantially in 

the last decade. In 1995, an estimated 

293,000 ATVs were sold in the US, 

almost all by 7 North American 

distributors (Honda, Kawasaki, Yamaha, 

Suzuki, Polaris, Bombardier, and Arctic 

Cat). In 2005, an estimated 921,000 

ATVs were sold in the US. An estimated 

10 percent (or 92,000) were imported. 

The share of imports is expected to 

continue to increase in the future. 

With the substantial increase in ATV 

sales has come a substantial increase in 

the number of manufacturers supplying 

ATVs to the U.S. market. In 1995, 

virtually all the ATVs were supplied by 

7 domestic distributors; by 2006, the 

staff had identified at least 87 firms 

supplying ATVs to the U.S. market. 

Generally, the largest manufacturers 

sell their ATVs through franchised 

dealers. Importers will typically import 

ATVs from a foreign manufacturer and 

then market them to various retailers. 

Some importers may sell directly to 

consumers. Some imported ATVs are 

sold directly to consumers through 

import brokers who never actually have 

physical possession of the ATV. ATVs 

are also offered for sale through the 

internet. 

Most ATV retailers sell products in 

addition to ATVs. For example, many 

ATV dealers also sell motorcycles, 

scooters, personal water craft, and 

sometimes farm equipment. Some ATVs 

are sold by other types of retailers, such 

as aftermarket automotive parts and 

accessories dealers. 

The median retail price of an ATV 

from the domestic manufacturers is 

about $5,150 (range $2,000 to $8,000). 

The median price for youth ATVs is 

about $2,300 (range $1,800 to $2,500). 

The retail prices of imports can be 

substantially lower. 

4. Benefits and Costs of the Proposed 

Rule 

Mechanical Requirements. The 

proposed rule incorporates a number of 

mechanical requirements from the 

current voluntary standard for ATVs 

(ANSI/SVIA–1–2001). The specific 

requirements and rationales are 

described and discussed in more detail 

above. They include, among other 

things, requirements for service and 

parking brakes, mechanical suspension, 

pitch stability, handlebars, and the 

operator foot environment. There are 

also some additional design 

requirements for youth models covering 

items such as the location of brake and 

throttle controls. 

The proposed rule differs from ANSI/ 

SVIA–1–2001 with regard to some 

lighting requirements. The proposed 

standard would require stop lamps on 

all ATVs, including youth models (i.e., 

those intended for children under the 

age of 16). ANSI/SVIA–1–2001 allows, 

but does not require stop lamps on adult 

and youth ATVs. Stop lamps can reduce 

the risk of a collision by visibly 

signaling to a following ATV that an 

ATV ahead of it is decelerating. CPSC 

believes that while most adult ATVs are 

already equipped with stop lamps, most 

youth ATVs do not currently have stop 

lamps. 

The proposed rule would require that 

youth ATVs be equipped with 

automatic transmissions so that the 

operator does not have to either engage 

a clutch or select the proper gear in 

order for the engine to maintain its 

optimum speed. This is a change from 

the voluntary standard, which does not 

specify the type of transmission on 

youth ATVs. 

Each provision of the mechanical 

requirements should reduce injury risks 

associated with ATVs. For example, the 

pitch stability requirement is intended 

to reduce the propensity of ATVs to tip 

rearward, which could injure the rider 

if he or she was thrown from the vehicle 

or the vehicle flipped and landed on the 

rider. The service and parking brake 

performance requirements are intended 

to ensure that brakes are at least 

adequate for stopping the vehicle and 

preventing the vehicle from rolling 

when it is left unattended. The 

requirement for automatic transmissions 

on youth ATVs could reduce injury risk 

by reducing the number of tasks that 

inexperienced drivers must perform 

while driving an ATV. 

Mandating these mechanical 

requirements would help ensure 

compliance with these minimum 

mechanical safety requirements and 

enhance the CPSC’s ability to enforce 

the mechanical safety requirements at a 

time when many new manufacturers are 

entering the market. Conformance to 

ANSI/SVIA–1–2001 is voluntary. 

Mandating these mechanical 

requirements would have a small initial 

impact on injury risk. The ATV 

manufacturers that have negotiated 

LOUs with the CPSC are already in 

conformance with the requirements of 

the voluntary mechanical standard, 

from which the requirements in the 

proposed rule were adapted. Some of 

the smaller manufacturers are also 

believed to be in conformance with the 

voluntary standard. In total, the firms 

that are already in substantial 

conformance probably account for more 

than 90 percent of ATVs now sold. 

However, mandating these requirements 

would ensure that those firms that do 

not now meet these minimum safety 

requirements will begin to do so. 

Moreover, as new firms enter the 

market, the presence of a mandatory 

standard that can be more easily 

enforced would make it more likely that 

new entrants comply with the 

mechanical safety requirements. 

Mandating these requirements should 

also help ensure that the risk of ATVrelated injury due to ATVs that do not 

meet the mechanical safety standards 

does not increase in the future. 

Since many manufacturers already 

conform with the voluntary standard, 

the additional cost that will be incurred 

by manufacturers to meet the 

mechanical requirements of the 

proposal will be low. The cost to some 

may be limited to the cost of adding 

stop lamps to their youth ATVs. The 

cost of adding stop lamps to ATVs could 

amount to several dollars or more, 

especially on youth ATVs. Most adult 

ATVs are thought to already have stop 

lamps. 

Additionally, some manufacturers 

will have to modify the transmissions 

on some youth ATV models so that they 

are fully automatic. Based on staff 

observations, most current youth ATV 

models are already equipped with 

automatic transmissions, especially 

those intended for children under the 

age of 12 years. The staff has identified 

some ATVs intended for children 

between 12 and 15 years of age that are 

equipped with automatic clutches, but 

not automatic transmissions. These 

ATVs would not meet the requirements 

of the proposed rule. 

The fact that many youth ATVs are 

already equipped with automatic 

transmissions indicates that many 

consumers are willing to pay the 

additional cost of automatic 

transmissions for the additional safety, 

convenience, or driving ease that is 

provided by automatic transmissions. 

However, the Commission has not been 

able to quantify the difference in cost 

between automatic transmissions and 

manual transmissions or between 

automatic transmissions and automatic 

clutches/manual transmissions. 

The mechanical requirements are not 

expected to cause a substantial loss of 

utility for the rider. In fact, to the extent 

that the requirements prevent accidents, 

reduce downtime, make the ride more 

comfortable (e.g., the suspension 

requirements), and increase the 

functionality of the vehicles, most of the 


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6According to the U.S. Department of Labor, 

Bureau of Labor Statistics, the average wage for a 

Level 13 Mechanical Engineer was $52.45 in July 

2003. In this discussion $90 is used to allow for the 

assistance of a less experienced engineer and 

inflation. 

7 Gregory B. Rodgers and Prowpit Adler, ‘‘Risk 

Factors for All-Terrain Vehicle Injuries: A National 

Case-Control Study,’’ American Journal of 

Epidemiology, Vol. 153, No. 11 (2001). Hereafter 

Cited ‘‘Rodgers and Adler (2001).’’

8An analysis of fatal injury risks also suggested 

a higher relative risk on 3-wheel ATVs. However, 

because information regarding a key driver 

characteristic was missing, the difference in fatal 

injury risks was less amenable to quantification 

and, therefore, not included in the above analysis. 

It suggests however, that the cost differential 

between 3-wheel and 4-wheel ATVs estimated 

above could be low (see Gregory B. Rodgers, 

‘‘Revisiting All-Terrain Vehicle Risks: Response to 

Critique,’’ Journal of Regulatory Economics, Vol. 10 

(September 1996). 

9This is a low estimate of the average life of an 

ATV. One analysis suggests that the expected life 

of an ATV could be 19 years (Statement of Ed 

Heiden of Heiden Associates at the Consumer 

Product Safety Commission West Virginia Public 

Field Hearing, Morgantown, West Virginia, 5 June 

2003). 

10Even if a higher discount rate were used, the 

cost differences would be substantial. For example, 

if a 7 percent discount were used with the lower 

estimates of the relative risks, the expected cost 

difference over the life of an ATV would be $5,713. 

requirements could have a positive 

impact on rider utility. 

The proposed rule would require 

manufacturers (including importers) to 

perform, or cause to be performed, 

testing sufficient to ensure, on an 

objectively reasonable basis, that each 

ATV conforms to the requirements in 

the proposed rule. The specified tests 

will require some time and equipment. 

If the tests are conducted at a facility 

where the required equipment is 

available and set up time for each test 

is kept to a minimum, it is possible that 

all of the tests could be conducted in 

one day (8 hours) or less. It is reasonable 

to assume that the person supervising 

the tests will be a senior mechanical 

engineer and that at least one other 

mechanical engineer will be involved in 

conducting the tests. If the total labor 

costs were $90 per hour, then the cost 

of conducting the tests would be about 

$720 per model (8 hours × $90).6

In addition to the labor cost, some 

accounting for the cost of equipment 

required for testing should also be 

made. Assuming that ATV 

manufacturers have the equipment 

easily available, it is probably 

reasonable to assume that the cost of the 

equipment used in the testing is perhaps 

about $500. This could be thought of as 

the rental value of the equipment for a 

day of testing. 

The testing must be documented and 

maintained for 5 years after the 

production of that model ceases. The 

information required for this 

documentation would be collected 

during the performance of the tests. 

However, this information might be 

reformatted and assembled into the final 

record after the testing is completed. 

Moreover, in the case of foreign 

manufacturers, this documentation will 

have to be provided to the U.S. based 

importer and it is the importer that will 

be required to maintain the records. 

This could add perhaps another $100 to 

the cost of the testing and record 

keeping. 

These estimates suggest that the full 

testing and recordkeeping costs of the 

proposed rule could be about $1,320 per 

model. Previously, CPSC staff had 

identified 131 different ATV models for 

the model year 2001 and 235 different 

ATV models for the year 2003. Given 

the significant increase in sales of ATVs 

in recent years, it is not unreasonable to 

believe that there might be 500 different 

ATV models today. Therefore, the full 

testing and recordkeeping costs could be 

$660,000 per year, assuming models are 

changed annually. 

Several ATV manufacturers conform 

to ANSI/SVIA–1–2001 and, therefore, 

should already be performing the testing 

called for in the proposed rule. The 

proposed rule will not impose 

additional testing burdens on these 

manufacturers. The staff estimates that 

these manufacturers account for at least 

150 ATV models. Therefore, the testing 

and recordkeeping costs that could be 

attributed to the proposed rule that 

would not be incurred in the absence of 

the proposed rule, could be less than 

$462,000 annually ($660,000 ¥ 150 × 

$1,320). 

Ban on the Sale of New 3-Wheel 

ATVs. As part of the 1988 Consent 

Decrees, ATV manufacturers agreed not 

to sell any new 3-wheel ATVs, which 

had been shown to be less stable and 

more risky than their 4-wheel 

counterparts. As a result, until recently, 

no new 3-wheel ATVs have been 

marketed in the United States since the 

late 1980s. However, the CPSC Office of 

Compliance has found evidence on the 

Internet that 3-wheel vehicles that could 

be considered to be ATVs have recently 

been offered for sale to the public. 

Therefore, the proposed rule would 

formalize a ban on the sale of new 3- 

wheel ATVs. While formalizing the ban 

will not reduce ATV-related injuries 

significantly from their present levels, it 

will ensure that 3-wheel ATVs are not 

reintroduced into the U.S. market. 

The justification for a ban on the sale 

of 3-wheel ATVs is based on the 

substantially higher expected injury 

costs associated with the ownership and 

use of 3-wheelers, relative to 4- 

wheelers, and the likelihood that these 

higher costs outweigh any additional 

utility that they may provide to their 

owners. We begin with a discussion of 

the costs associated with the ownership 

and use of 3-wheel and 4-wheel ATVs. 

The real costs of ATVs include the 

expected injury costs associated with 

their use as well as their purchase price. 

A recent risk analysis, based on injuries 

reported through the CPSC National 

Electronic Injury Surveillance System 

(NEISS) and a parallel survey of the 

general population of ATV drivers, 

found that the risk of a hospital 

emergency department-treated injury on 

a 3-wheel ATV was about 3.1 (95% 

confidence interval (CI), 1.5, 6.4) times 

the risk on a similar 4-wheel ATV.7

These relative risk estimates can be 

used to estimate the expected difference 

in annual injury costs between 3-wheel 

and 4-wheel ATVs. In 2001, the societal 

cost of non-fatal ATV-related injuries 

was about $1,876 per ATV in use. In 

2001, 3-wheel ATVs made up about 14 

percent of the ATVs in use. If we let 

Cost3 and Cost4 represent the expected 

annual non-fatal injury cost per 3-wheel 

and 4-wheel ATVs in use respectively, 

then the expected annual injury cost per 

ATV can be expressed as 0.14(Cost3) + 

0.86(Cost4) = $1,876. 

Since the risk of a non-fatal injury on 

3-wheel ATVs is approximately 3.1 

times that of a 4-wheel ATV, Cost3 can 

be expressed in terms of Cost4 (i.e., 

Cost3 = 3.1 * Cost4). Solving these 

equations yields Cost3 = $4,494 and 

Cost4 = $1,450. Therefore the expected 

difference in non-fatal injury costs 

between 3-wheel and 4-wheel ATVs is 

about $3,045 per vehicle annually.8 If 

the expected life of an ATV is 9 years, 

the present value of this injury cost 

difference (at a 3 percent discount rate) 

over the expected life of the product 

will come to about $23,700.9

A lower bound estimate for the injury 

cost differential might be based on the 

lower 95 percent confidence bounds of 

the relative risk factors for 3-wheel 

ATVs described above, or 1.5 instead of 

3.1. Based on these relative risk 

estimates, the non-fatal injury cost 

differential on a 3-wheel ATV would be 

about $877 per year. Assuming a 9-year 

useful life and a 3 percent discount rate, 

this comes to a difference of $6,830 over 

the life of an ATV.10

The injury cost differential would be 

offset somewhat by the lower retail costs 

of 3-wheel ATVs. Based on information 

from the late-1980s, when 3-wheel 

ATVs were still being produced, 3- 

wheeled ATVs cost about $190 less than 

a similar 4-wheel model. This cost 


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11 Gregory B. Rodgers, ‘‘All-Terrain Vehicles: 

Market Reaction to Risk Information,’’ Economic 

Inquiry, Vol. 31, No. 1 (January 1993). 

12 It should be noted that manufacturers are not 

now prohibited from producing youth ATVs on 

larger frames. However, increasing the options 

available to manufacturers in designing youth ATVs 

should increase the probability that manufacturers 

might manufacture youth ATVs in a wider range of 

sizes. 

13ANSI/SVIA–1–2001 does not have an age 

category that corresponds to ‘‘Junior ATV’’ in the 

proposed rules. CPSC staff believe that the ‘‘Junior 

ATV’’ market will be a very small segment of the 

ATV market. 

differential would probably amount to 

about $300 in 2004 dollars. 

Thus, the total costs associated with 

3-wheeled ATVs (including both the 

injury costs and the costs of purchasing 

the ATV) might amount to about 

$23,400 ($23,700 in injury costs less 

$300 in retail costs) more than the costs 

of a similar 4-wheel ATV (over its useful 

product life). At the lower bound level, 

the difference would amount to about 

$6,530. 

A ban of 3-wheel ATVs would 

therefore be beneficial (on average) if 

the average extra valuation (i.e., use 

value or utility) that individuals put on 

a 3-wheel ATV over a 4-wheel ATV is 

less than $23,700 (or about $6,530 at the 

lower bound) over the useful life of the 

product. Consequently, if the utility 

from a 4-wheel ATV is not substantially 

different from the utility from a 3-wheel 

ATV, the ban would be justified. 

We cannot estimate the utility that 

individuals get from ATVs, and so we 

cannot say that the ban would be 

justified for all individuals. However, 

available evidence suggests that for most 

individuals, the utility differential is 

minimal. First, 4-wheel ATVs were 

growing in market share throughout the 

1980s, even though their retail prices 

were marginally higher than similar 3- 

wheel ATVs. By 1986, for example, two 

years before the consent decrees became 

effective, about 80 percent of ATVs sold 

in the U.S. had four wheels. Second, 

after the ATV manufacturers agreed to 

stop selling 3-wheel ATVs as part of the 

consent decrees, the market price of 

used 3-wheel ATVs actually declined 

relative to the price of 4-wheel 

models.11 There was no evidence of a 

strong market reaction to the 3-wheel 

ATV stop-sale, such as bidding up the 

price of the increasingly scarce 3- 

wheelers that would suggest many 

consumers valued 3-wheel ATVs 

significantly more than they valued 4- 

wheel models. 

Speed Limitations on ATVs Intended 

for Youths. The proposed rule would 

limit the maximum speeds of ATVs 

intended for children under the age of 

16 years. Teen ATVs (i.e., those 

intended for riders between 12 and 15 

years of age) would have a maximum 

unrestricted speed of 30 mph and a 

speed limiting device that can limit the 

maximum restricted speed to 15 mph. 

Pre-Teen ATVs (i.e., those intended for 

children between 9 and 11 years of age) 

would have a maximum unrestricted 

speed of 15 mph and a speed limiting 

device that can limit the maximum 

restricted speed to 10 mph. Junior ATVs 

(i.e., those intended for children 

between 6 and 8 years of age) would 

have a maximum speed of 10 mph. No 

ATVs would be recommended for 

children under the age of 6 years. All 

references to engine size, such as those 

in the LOUs, would be eliminated. 

Based on an analysis by the CPSC 

Division of Human Factors (ESHF), 

speed—not engine size—is a more 

appropriate control variable for 

determining which ATVs should be 

recommended for children under age 16 

years. In fact, limiting engine size could 

be counterproductive. There is some 

evidence that limiting the power of 

youth models by controlling engine size 

can, in some circumstances, make ATV 

riding less safe. As one example, 

underpowered children’s models have a 

greater potential for stalling when going 

uphill. 

It is also likely that engine size 

restrictions discourage some people 

from purchasing appropriate ATVs for 

young riders. If the ATV engine lacks 

sufficient power for things such as 

acceleration or hill climbing, some 

young riders may resist riding these 

ATVs and instead ride adult ATVs. 

Additionally, the frame size of the 

current ATVs with less than 90cc 

engines might not comfortably fit 

‘‘large’’ children. Some adolescents 

between the ages of 12 and 14 are larger 

than some adults; these adolescents may 

resist using an ATV with a frame 

designed to fit a much smaller person. 

According to ESHF, ‘‘fitting the [ATV] 

frame anthropometrically to the user is 

one of the most important factors for 

youth ATVs. If the frame is too small, 

the youth will be discouraged from 

riding the ATV both physically and 

socially.’’ This may explain, at least in 

part, the fact that relatively few children 

actually ride the youth models. Based 

on the 2001 exposure survey, only about 

20 percent of children under 16 years of 

age who drove ATVs drove youth 

models. 

Based on these considerations, 

eliminating the engine size limitations 

from youth models may enhance safety. 

It might lead to some ATV 

manufacturers introducing a wider 

variety of youth models, including 

models with larger frames and more 

powerful engines. With larger frames 

and more power, it is possible that more 

young riders will be willing to accept 

ATVs with the recommended speed 

restrictions. It is also likely that more 

parents would be willing to purchase 

youth models with larger frames that 

could be used by children for a longer 

period of time without replacement. 

Moreover, increased acceptance of 

ATVs with the age-recommended speed 

restrictions could reduce the number of 

ATV-related injuries.12

Increasing the number of youth ATVs 

with larger frames could also increase 

safety by increasing the proportion of 

young ATV drivers that receive formal 

ATV safety training. Most formal ATV 

safety training programs, such as that 

run by the ATV Safety Institute, will not 

train children under the age of 16 unless 

they are riding an appropriate youth 

model. Therefore, children who do not 

have ATVs with less than 90cc engines 

cannot receive formal training. If 

simplifying the age recommendations 

for ATVs leads manufacturers to 

introduce more ATVs with the 

recommended speed restrictions for 

young riders and, as a result, more 

children begin riding youth ATVs, it 

will be possible for more young riders 

to receive formal safety training. As 

discussed more fully below, formal 

training can act as a surrogate for 

experience and thereby reduce the risk 

of injury. 

The speed limitations for ATVs 

intended for youths should not impose 

substantial additional costs on 

manufacturers because they are similar 

to those already in the voluntary 

standard (ANSI/SVIA–1–2001). 

Moreover, the speed limitations in the 

proposed standard are less restrictive 

than the requirements for youth ATVs 

specified in the LOUs, since they do not 

include the engine size limitations. 

Consequently, the Commission believes 

that this provision of the proposed 

standard increases the potential for 

safety in the form of reduced injuries 

and deaths, without imposing 

additional costs and burdens on 

manufacturers.13

Warnings and Safety Information to 

be Provided to Consumers. According to 

ESHF, hazard communications ‘‘are 

crucial for products with hazards that 

cannot be eliminated through design.’’

The proposed rule requires ATV 

manufacturers, distributors, or dealers 

to provide several safety warnings to 

consumers. These will consist of labels 

or hang tags that, among other things, 

advise consumers of the age 

recommendations for ATVs, warn that it 

is unsafe to allow children to operate 


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14According to information provided by the 

CPSC Directorate for Epidemiology and included in 

the 2005 CPSC Briefing Package on ATVs (regarding 

Petition No. CP–02–4/HP–02–1, Request to Ban AllTerrain Vehicles Sold for Use by Children Under 16 

Years Old), risk of injury to children under 16 

driving adult ATVs was 18.6 per thousand drivers 

compared to 9.6 per thousand drivers for children 

driving youth ATVs. 

15One-half of one percent of $3.6 billion divided 

by the 5.6 million ATVs of all types in use in 2001 

is $3.21. Over the expected 9-year life of an ATV 

this comes to about $25 discounted at 3 percent per 

year. 

16This estimate is based on it taking 

approximately 2 minutes to complete the form and 

distribute the copies to the purchaser, the 

manufacturer, and the retailer’s files and that the 

time is valued at $21.32/hour, which is the average 

wage of motor vehicle sales workers in July 2004, 

as reported by the U.S. Department of Labor, Bureau 

of Labor Statistics, adjusted for inflation. Other 

costs, such as the cost of the blank forms and 

postage, may add another $0.24 to the cost. 

ATVs intended for adults or older 

children, and warn that it is unsafe to 

carry passengers on an ATV (with the 

exception of specially designed tandem 

ATVs). This information will also be 

required to be contained in the owner’s 

manuals and in a video to be provided 

to each consumer. 

The ATV manufacturers with the 

greatest share of the market are already 

conforming to this requirement, which 

is included in the LOUs negotiated with 

the major ATV manufacturers. 

Therefore, this provision will not 

impose any new costs on these 

manufacturers. For the manufacturers 

that are not now in conformance, the 

cost to bring themselves into 

conformance will be low on a per unit 

basis. The cost of designing, printing, 

and attaching a label or hang tag or 

adding pages in an owner’s manual is 

low. Even for manufacturers with a very 

low sales volume, the cost of adding the 

required warnings will be probably no 

more than a few dollars per vehicle. 

The major manufacturers are already 

providing the safety video and so the 

proposed standard will have no impact 

on their costs. For manufacturers that 

are not currently providing a safety 

video to their consumers the costs could 

be higher. The cost of duplicating a 

video or DVD is no more than a few 

dollars. However, the cost of producing 

the safety video could be several 

thousand dollars. For a manufacturer or 

distributor with a low sales volume, this 

could be a more significant cost. The 

cost or impact could be lower if a third 

party video could be licensed or shared 

by many small manufacturers or 

distributors. 

Manufacturers would also be required 

to keep a copy of the owner’s manuals 

and the safety video for each model on 

file for at least 5 years. It is likely that 

many manufacturers would do this even 

in the absence of a mandatory rule. The 

storage costs of these items probably 

would not exceed $10 per model. The 

cost could be lower since the same 

safety video would likely be used for all 

ATV models produced or imported by a 

manufacturer and could be used for 

several years. Owner’s manuals also 

might cover more than one model. 

The benefit of this provision is that it 

will ensure that all consumers receive 

some basic safety and hazard 

information regarding such things as the 

risk of children riding ATVs not 

appropriate for their age and carrying 

passengers on ATVs not designed for 

carrying passengers. Although this 

benefit cannot be quantified, the 

following example sheds some light on 

the potential impact. The risk of injury 

for riders under the age of 16 driving 

adult ATVs is about twice the risk of 

injury of those who are driving ageappropriate ATVs.14 In 2001, the 

societal cost of ATV related injuries and 

fatalities involving children under the 

age of 16 was about $3.6 billion. 

Therefore, although it is not known how 

effective these warnings are at reducing 

children from riding adult ATVs, if they 

reduced the number of children riding 

adult ATVs enough to reduce the 

number of ATV-related injuries to 

children (either by parents not allowing 

a child to drive an adult ATV or by 

purchasing an appropriate ATV for 

young riders) by even a small amount, 

the benefits of these warnings could 

exceed the costs. For example, if they 

reduced the injuries by only one-half of 

one percent, this would still amount to 

a benefit of $25 over the life of an 

ATV.15

Disclosure Statement to Consumers 

About the Risks to Children Riding 

Adult ATVs. The proposed rule would 

require that ATV retailers provide 

purchasers of adult ATVs a written 

statement that (1) clearly states adult 

ATVs are not intended for the use of 

children under the age of 16 and (2) 

provides the consumer with specific 

information on the possible injury 

consequences of allowing children to 

ride adult ATVs. A similar disclosure 

statement would be provided 

purchasers of youth ATVs advising 

them to monitor their child’s ATV 

driving to ensure that the child is 

capable of and does drive the ATV 

safely. This requirement is a direct 

response to the high risk of injury to 

children riding adult ATVs, and the 

comments of many parents (including 

some whose children died on adult 

ATVs) that they had never been warned 

of the risks. This disclosure would be 

provided to the purchaser and signed 

before the purchaser completes or signs 

other documents related to the sale, 

such as sales contracts or financing 

agreements. Consumers will be required 

to sign the statement to acknowledge 

that they were warned. Dealers would 

be required to keep the signed 

disclosure statement on file for at least 

5 years after the purchase so that 

compliance with the requirement for the 

disclosure statement can be monitored. 

Dealers would also be required to send 

a copy of the signed disclosure 

statement to the manufacturer, who 

would also be required to keep the 

statement on file for at least 5 years after 

the purchase. 

The benefits of the disclosure 

statement are twofold. First, it will help 

consumers make a more informed 

choice when they purchase a new ATV. 

Second, as suggested by the ESHF 

analysis, signing the document may 

discourage some purchasers from 

allowing children to ride their adult 

ATVs. As shown in the above 

discussion of ‘‘Warnings,’’ the injury 

costs associated with children riding 

adult ATVs are significantly higher than 

the injury costs associated with children 

riding age-appropriate ATVs. Even if the 

disclosure statement could reduce the 

number of injuries by one-half of one 

percent, it could still produce a benefit 

of $25 over the life of an ATV. 

The cost of this disclosure statement 

is estimated to be approximately $0.95 

per ATV sold.16 Generally, when ATVs 

are sold there is already some amount 

of paperwork generated, including 

purchase contracts and financing 

agreements. Therefore, the marginal cost 

of an additional form is minimal. 

Moreover, under the LOUs 

manufacturers already require their 

dealers to inform consumers of the age 

recommendations for ATVs and to 

monitor dealer compliance with these 

recommendations. It is possible that the 

enforcement mechanism provided by 

this disclosure statement would be no 

more costly than the current methods of 

monitoring compliance with the LOUs. 

Provision of Training for ATV 

Purchasers. The training requirement of 

the proposed rule would require 

manufacturers or distributors of ATVs to 

provide a training certificate to each 

purchaser of a new ATV that entitles the 

purchaser and any qualified member of 

his or her immediate family to attend an 

authorized training course, ‘‘free’’ of 

charge. Of course, the training will not 

be free in terms of the trainee’s time. 

The trainee would have to devote a day 

to the training process, and may have to 

transport an ATV to the training site. In 

the case of children, parents would 

likely need to become involved by 


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45922 Federal Register / Vol. 71, No. 154 / Thursday, August 10, 2006 / Proposed Rules 

17These calculations were based on information 

provided in the appendix to the preliminary 

regulatory analysis. According to the appendix, 

there were about 1.49 non-ED injuries for every ED 

injury in 2001. If the reduction in risk associated 

with preventing non-ED injuries were proportional 

to the reduction in the ED injury risk, the reduction 

would amount to 0.0093 (0.0063 * 1.49). And, since 

the costs of the non-ED injuries averaged about 

$23,700, the expected benefits from preventing 

these injuries would be about $220 (0.0093 * 

$23,700) per trainee. Similarly, there were about 

0.0054 deaths for every ED-injury. Consequently, if 

the reduction in the fatality risk were proportional 

to the reduction in the ED injury risk, the reduction 

would amount to about 0.000034 (0.0063 * 0.0054). 

Assuming a value of statistical life of $5 million, 

the expected benefits of reductions in the fatality 

risk would amount to about $170 per trainee. 

18The SVIA sponsored training for new riders is 

approximately one-half day in length. Assuming 

that a trainee must give up 10 hours to take the 

training allows for travel to and from the site. The 

‘‘value of time’’ estimate is based on the average net 

compensation for 2004 as reported by the Social 

Security Administration ($34,197.63 for the year, 

which is about $17 per hour). 

providing transportation to the training 

site. Hence, the provision of the ‘‘free’’

certificate entitling the holder to 

training can be thought of as a subsidy 

to encourage new purchasers to take the 

training. 

The cost of the training to be provided 

will depend upon a number of factors, 

such as the length of the course, the 

number of trainers, the number of 

enrollees, and others. However, if the 

training is similar to that currently 

provided by the ATV Safety Institute 

(ASI), the value of the training 

certificate entitling the holder to a 

training course might be $75 to $125. 

This is what ASI currently charges 

children and adults respectively for the 

course, as indicated at their Web site 

(www.atvsafety.org). Thus, the value of 

the training subsidy, under this 

requirement of the proposed standard, 

might be $75 to $125 per trainee. 

The requirement that manufacturers 

offer free training is essentially a 

requirement that they subsidize ATV 

safety training. The purpose of a subsidy 

is to lower the cost of a product to a 

person to induce them to purchase more 

of the product. It can be an appropriate 

policy when it is believed that 

consumers will not purchase the 

socially optimal quantity of the good 

without some intervention. A consumer 

might not purchase the optimum 

quantity of a good for a variety of 

reasons, such as some of the societal 

benefit of purchasing the good (or 

undertaking an activity) might go to 

people other than the direct consumer 

or if the consumer underestimates the 

value of the good to himself or herself. 

In the case of ATV safety training, it 

is likely that many consumers 

underestimate the benefits of training. 

According to ESHF, ATVs can appear 

‘‘deceptively easy’’ to operate but in fact 

require ‘‘repeated practice to drive 

safely.’’ Even at low speeds ATV drivers 

need to have ‘‘situational awareness 

necessary to negotiate hazards on 

unpaved terrain’’ and make ‘‘quick 

judgments’’ with regard to steering, 

speed, braking, weight shifting and 

terrain suitability. Consumers who 

underestimate the difficulty of riding 

ATVs may conclude that the cost of the 

training, including the costs in terms of 

time and travel, will exceed the benefits. 

It is likely that more consumers will be 

induced to take training if the 

manufacturers emphasize the 

importance of training to consumers and 

offer them free training. 

The benefits of training to new ATV 

drivers could be substantial. ESHF 

indicates that training may act as a 

surrogate for experience because it 

exposes new ATV drivers to situations 

they will encounter riding off-road and 

teaches them the proper driving 

behavior to navigate those situations. 

The Directorate for Epidemiology 

estimates, based on the results of the 

2001 ATV injury and exposure surveys, 

that formal training may reduce the risk 

of injury by about half. The application 

of this result, in combination with the 

HF finding that training may function as 

a surrogate for driving experience, 

allows us to quantify the possible 

benefits of training. 

A recent ATV risk analysis found a 

strong inverse relationship between 

driving experience and the risk of 

hospital emergency department (ED) 

treated injury. Based on this analysis, 

risk in the first year of riding was about 

65 percent higher than the risk in the 

second year, and about twice the risk of 

the third year. Assuming that formal 

training reduces risk by half in the first 

year of ATV use (i.e., acts as a surrogate 

for experience), the risk of ED injury for 

a male driver under the age of 36 on a 

325 cc four-wheel ATV, would decline 

by about 0.0083. According to the 

CPSC’s Injury Cost Model, the average 

societal cost of an ATV-related ED 

injury amounted to about $60,250 in 

2004 dollars. Consequently, the 

expected benefits of training would 

amount to about $500 (0.0083 * 

$60,250) per new rider taking the 

training. The risks for female drivers are 

less than for males. Using the same 

approach, the ED risk reduction for new 

female riders (under age 36, and on a 

325 cc, four-wheel ATV) in the first year 

would be about 0.0029. The expected 

benefit of training an inexperienced 

female driver would therefore be about 

$175 (0.0029 * $60,250). Given that 

about 63 percent of drivers were male in 

2001, the average risk reduction for 

male and female drivers would amount 

to about 0.0063; the expected benefits 

would average about $380 (i.e., 

0.63($500) + 0.37($175)). 

In addition to preventing non-fatal ED 

injuries, training would also likely 

reduce ATV-related injuries initially 

treated outside of hospital EDs and 

ATV-related deaths (see the appendix). 

While the risk model formally applies to 

ED injuries, it does not seem 

unreasonable to assume that the impact 

of training on non-ED injuries and 

deaths would be similar. Consequently, 

if the relationships in the risk model 

apply proportionally to non-ED injuries 

and deaths, the expected non-fatal 

injury reduction benefits for a typical 

new driver (weighted by the proportion 

of male and female drivers) would 

amount to about $220 and the expected 

benefits associated with the reduction in 

deaths would amount to about $170 per 

trainee.17

Based on this analysis, the expected 

benefits of training new riders could 

therefore amount to about $770 ($380 + 

$220 + $170) per rider. Factoring in 

reasonable estimates of the costs of the 

training to the consumers, the benefit of 

training for new riders should exceed 

the costs. For example, if the course fee 

is $125 and a trainee must give up 10 

hours to take the course (including 

transportation to and from the training 

site) then the cost of training to a 

consumer who valued his or her time at 

$17 per hour would be about $295.18

Consequently, the net benefits of 

training to this consumer would be 

about $475. 

A major assumption in this costbenefit comparison is that riders taking 

advantage of the training program 

would be inexperienced drivers who 

would take the training early in the first 

year of ATV riding. The expected 

benefits would be lower if the training 

were taken later. For example, if the 

analysis just completed had assumed 

the training were taken in the second 

year of ownership (rather than the first), 

the estimated gross benefits would have 

been about $470. Note, however, that 

while net benefits would have been 

lower (about $175), they are still 

positive. Hence even if some riders take 

the training after the first year of riding, 

the benefits of the training are still 

likely to exceed the costs. This suggests 

that the results of the cost-benefit 

comparison may not be very sensitive to 

the timing of the training. 

ATV manufacturers that account for 

about 90 percent of all U.S. ATV sales 

already offer free training to their 


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Federal Register / Vol. 71, No. 154 / Thursday, August 10, 2006 / Proposed Rules 45923 

19 In addition to offering free training, some ATV 

manufacturers offer additional incentives to 

encourage first-time buyers to take ATV safety 

training. For example, in addition to providing free 

training, some manufacturers give first-time 

purchasers an additional $100 if they complete the 

training. Some manufacturers also offer the free 

training to other members of the purchaser’s family. 

20This is the average hourly wage of motor 

vehicle sales workers reported by the Bureau of 

Labor Statistics in July 2004 (inflated to 2006 

dollars). 

consumers.19 Therefore, the primary 

impact of this requirement will be to 

extend the free training offer to people 

who purchase ATVs from manufacturers 

or importers that do not now offer free 

training. These manufacturers account 

for about 10 percent of total domestic 

ATV sales. 

In spite of the offers of free training 

and other incentives, few ATV riders 

take formal safety training. Based on the 

2004 Rider Training Summary provided 

by the SVIA, about 35 percent of firsttime ATV purchasers who were offered 

this training by member firms took 

advantage of it. Since first-time 

purchasers accounted for about 20 

percent of new ATV purchases, this 

suggests that only about 7 percent of all 

purchasers of new ATVs actually took 

the training. Assuming that this pattern 

will hold for the manufacturers or 

importers that are not now offering free 

training, one can expect that perhaps 7 

percent of their consumers will take the 

training. Approximately 950,000 ATVs 

are sold annually. Because 

manufacturers that do not already offer 

free training account for about 10 

percent of the market, this provision 

would likely increase the number of 

riders trained annually by 6,000 to 7,000 

(.07 × 92,000). If the benefits of the 

training are $770 per trainee and the 

cost of the training is $295, this could 

result in a net benefit of about $3.3 

million annually (($770¥$295) × 7,000). 

There would be some recordkeeping 

costs imposed on retailers and 

manufacturers by the proposed rule. 

The retailers would be required to 

prepare a training certificate that 

entitles each qualified member of the 

purchaser’s immediate family and 

obtain the purchaser’s signature on a 

form that acknowledges the receipt of 

the free training certificate. The signed 

original of this form must be kept by the 

retailer and copies provided to both the 

purchaser and the manufacturer. 

The cost of preparing and filing the 

training certificates and 

acknowledgement forms is estimated to 

be about $1.38 per ATV sold. This is 

based on it taking approximately 1 

minute to complete the training 

certificate and the acknowledgement 

form. An additional minute might be 

required to distribute the copies of the 

forms to the purchaser, the 

manufacturer, and the retailer’s files. 

Time is valued at $21.32.20 The cost of 

the blank forms, postage, and other 

supplies, accounts for the remaining 

$0.31. 

Means for Reporting Safety 

Complaints and Concerns. The 

proposed rule will require that each 

manufacturer provide consumers with a 

means of relaying safety or hazard 

related information concerning an ATV 

to the manufacturer or importer. 

Manufacturers must make available for 

this purpose a domestic telephone 

number and mailing address, and a Web 

site or email address. This contact 

information must be contained in the 

owners’ manuals which will also be 

required to provide consumers with the 

instructions for reporting safety or 

hazard information to the CPSC. 

This provision could provide 

manufacturers with an early alert if 

there is a potential hazard or defect with 

one of their products. This could allow 

manufacturers to take preemptive 

actions to minimize the risk of injury 

due to the problem. However, this 

benefit cannot be quantified because we 

cannot predict how frequently such a 

problem will occur or how reliably it 

will be reported to the manufacturer by 

consumers. 

However, the cost of providing a 

means to report safety related problems 

is low. Virtually all manufacturers or 

distributors that sell ATVs in the U.S 

already have domestic telephone 

numbers, addresses, and Internet sites. 

The additional cost of inserting this 

information in an owner’s manual is 

very low. In fact, many manufacturers 

and distributors already do this. 

Discussion. CPSC has been 

monitoring ATV-related injuries and 

promoting ATV safety since the early 

1980s. Over that time, it has negotiated 

several voluntary agreements with major 

ATV manufacturers that have improved 

the safety of ATVs, encouraged formal 

safety training for ATV riders, and 

promoted safe ATV riding practices. 

However, as the ATV market has grown, 

new manufacturers and importers have 

entered the market that are not party to 

any voluntary agreements with the 

CPSC with regard to ATV safety. As the 

number of new participants increases, it 

becomes increasingly difficult to 

maintain voluntary agreements with all 

manufacturers and importers. In the 

absence of either mandatory 

requirements or voluntary agreements, 

CPSC has no effective mechanism for 

enforcing safety standards and practices. 

Moreover, if the market share of 

manufacturers and importers that are 

not party to any agreement with the 

CPSC increases, manufacturers that are 

parties to agreements may resist 

renewing the voluntary agreements. 

The proposed rule would ensure that 

key elements of the voluntary 

agreements are extended to all ATV 

manufacturers and distributors. Because 

manufacturers and distributors that 

account for about 90 percent of the 

market already conform to these 

requirements (and much of the 

remaining 10 percent conform to at least 

some of the requirements) the proposed 

standard may not significantly lower the 

number of injuries from their current 

levels. However, it will establish some 

minimum enforceable standards that all 

firms that sell ATVs in the U.S. will be 

expected to meet. 

Where the benefits and costs of the 

individual provisions can be quantified, 

this analysis has shown that the benefits 

are expected to exceed the costs (i.e., a 

ban on 3-wheel ATVs and training 

inexperienced ATV riders). For other 

provisions, the costs of complying with 

the standard will be low on a per unit 

basis (i.e., providing warning labels and 

safety information at the point of sale, 

a safety video, and means for reporting 

safety hazards or concerns to the 

manufacturer). Although the benefits of 

these cannot be quantified, they provide 

consumers with information that may 

help them choose an appropriate ATV 

for the rider and may reduce some 

unsafe riding behaviors. The costs of 

complying with each element of the 

requirements of the mechanical 

standard have not been quantified. 

However, each of the requirements 

would provide some safety benefits. 

Moreover, the vast majority of ATVs 

sold are already thought to be in 

compliance. 

5. Alternatives to the Proposed Rule 

The Commission could consider 

alternatives to the proposed rule 

including continuing to pursue 

voluntary actions rather than a 

mandatory rule. Other alternatives 

include adopting some parts of the 

proposed rule, but not others. 

Additionally, the staff considered other 

requirements for headlamps and 

training. 

Not Adopting a Mandatory Rule and 

Continuing to Pursue Voluntary 

Actions. CPSC has been successful in 

gaining the cooperation of the largest 

ATV manufacturers and some of the 

smaller ones in working voluntarily to 

reduce the number of ATV-related 

injuries. However, entry into the ATV 

market is relatively easy. The number of 


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45924 Federal Register / Vol. 71, No. 154 / Thursday, August 10, 2006 / Proposed Rules 

manufacturers and importers has 

increased substantially in even the last 

few years: from about 7 manufacturers 

and importers in 1995, to more than 87 

today. As the number of manufacturers 

increases it will be increasingly difficult 

to negotiate voluntary agreements with 

every one. To the extent that some new 

entrants do not conform to the 

agreements, there could be some 

economic pressure on others to limit 

their cooperation in the future. 

It should also be noted that 

promulgating a mandatory rule does not 

rule out future CPSC efforts, either 

voluntary or mandatory, to further 

improve ATV safety. 

Promulgating Portions of the 

Proposed Rule. Each of the major 

provisions of the proposed rule (e.g., 

mechanical requirements, ban of 3- 

wheel ATVs, and so on) could be 

considered independently. If the 

Commission believes that the benefits of 

any of the individual provisions do not 

bear a reasonable relationship to the 

costs, or for some other reason should 

not be mandated, it could exclude those 

provisions from a proposed rule. 

Allowing Headlamps on Youth ATVs. 

The justification for the prohibition of 

headlamps on youth ATVs is to 

discourage children from riding after 

dark. Riding after dark is believed to be 

a significant risk factor for children. 

Also it can be difficult to supervise 

children riding ATVs in low light 

conditions. The Commission believes 

that allowing headlamps on youth ATVs 

would encourage children riding after 

dark. 

There is a counter argument that if 

some children ride after dark or in low 

light conditions anyway (or if they do 

not return from a trip begun during 

daylight before dark) then allowing 

headlamps on youth ATVs could reduce 

the risk of injury by better illuminating 

the rider’s path. It is also possible that 

the prohibition could cause some young 

teens to ride adult ATVs if they were 

involved in some ATV-related activities 

with parents or older siblings after dark. 

This could increase the injury risk 

since, as described earlier, the risk of 

injury for a child riding an adult ATV 

is twice that of riding a youth ATV. 

The Commission does not have the 

data to provide statistical support to 

either argument. However, in the 

judgment of ESHF, the decrease in 

injuries resulting from discouraging 

after-dark riding by children by 

prohibiting headlamps on youth ATVs 

probably outweighs the increase in risk 

to those children who might still 

occasionally ride after dark. 

Not Mandating Stop Lamps. As an 

alternative to mandating stop lamps, the 

CPSC considered following ANSI/ 

SVIA–1–2001 by allowing, but not 

requiring, stop lamps on all ATVs. 

Currently, CPSC staff believes that most 

adult ATVs have stop lamps, but most 

youth ATVs do not. If stop lamps were 

not mandated, the practice of installing 

stop lamps on adult ATVs, but not 

youth models, is likely to continue. This 

is probably due in part to the lower 

added cost of installing stop lamps on 

adult ATVs, where some of the steps 

can be combined with the installation of 

tail lamps that are already required. 

The benefit of stop lamps is that they 

can alert a driver when the driver of a 

leading vehicle has applied his or her 

brakes, which can increase the chance 

of the trailing driver reacting 

appropriately, either by applying his or 

her own brakes or taking evasive 

maneuvers and avoiding a rear-end 

collision. It can be anticipated that there 

are situations where ATVs would be 

traveling in a row on a trail and a driver 

may stop unexpectedly. While the staff 

has not been able to quantify the 

benefits, in some cases, the activation of 

a stop lamp may help to avoid a 

collision. 

The cost of including stop lamps on 

ATVs is the cost of the materials (e.g., 

bulbs, switches, wiring, and lenses) and 

labor to install the stop lamps during 

the manufacturing process, and the cost 

of redesigning the body of the ATV to 

accommodate the stop light housing. 

This cost has not been quantified. 

Although the cost is not expected to be 

very expensive in absolute terms, the 

cost could amount to several dollars or 

more per ATV, especially in the case of 

youth ATVs that are not currently 

equipped with any wiring for lighting. 

More Stringent Training 

Requirements. The CPSC considered 

including more stringent training 

requirements in the proposal, including 

requiring that at least 8 hours of 

training, along with specific 

requirements for written and riding 

tests, be provided, and that the studentteacher ratio not exceed 4:1. The 

minimum time requirements would be 

intended to ensure that there would be 

sufficient time to cover all topics that 

should be covered in a safety course and 

to give each student enough time to 

practice each skill until they had 

reached a satisfactory level of 

proficiency. The written and riding tests 

would provide a mechanism for the 

instructor to give the student specific 

feedback concerning his or her 

performance. A student-teacher ratio of 

4:1 would ensure that each student gets 

individual attention. 

However, there are drawbacks to 

mandating the more stringent 

requirements outlined above. The 

training program of the ATV Safety 

Institute, which is the leading ATV 

safety training provider, is 

approximately one-half day in length, 

there are no written or driving tests, and 

a 4:1 student-teacher ratio is encouraged 

but not required. Therefore, mandating 

the more stringent requirements could 

increase the cost of the training from its 

present level. Mandating a minimum 

length for the training and mandating a 

lower student-teacher ratio could 

possibly reduce the availability of 

training. Moreover, some new ATV 

purchasers who are willing to set aside 

the time to participate in a one-half day 

training program might not be willing to 

set aside a full day for the program, 

which for some trainees could include 

an overnight stay if the training site was 

a substantial distance from their home. 

J. Paperwork Reduction Act 

The proposed standards will require 

manufacturers (including importers) to 

perform testing and require 

manufacturers and retailers to keep 

records. For this reason, the rules 

proposed below contain ‘‘collection of 

information requirements’’ as that term 

is used in the Paperwork Reduction Act, 

44 U.S.C. 3501–3520. Therefore, the 

proposed rule is being submitted to the 

Office of Management and Budget 

(‘‘OMB’’) in accordance with 44 U.S.C. 

3507(d) and implementing regulations 

codified at 5 CFR 1320.11. The 

estimated costs of these requirements 

are discussed below. 

1. Testing and Recordkeeping Costs 

Manufacturers. The proposed rule 

would require manufacturers (including 

importers) to perform, or cause to be 

performed, testing sufficient to ensure 

that each ATV conforms to the 

requirements in the proposed rule. The 

requirements in the proposed rule are 

based on ANSI/SVIA–1–2001. 

As discussed in section I above, the 

specified tests will require some time 

and equipment. They are estimated to 

take one day (8 hours) or less and would 

be conducted by at least one other 

mechanical engineer. If the total labor 

costs were $90 per hour, then the cost 

of conducting the tests would be about 

$720 per model (8 hours × $90). As 

discussed in the Preliminary Regulatory 

Analysis above, staff estimates the cost 

of the equipment used in the testing to 

be about $500. Documentation of the 

tests could add perhaps another $100 to 

the cost of the testing and record 

keeping. 

These estimates suggest that the full 

testing and recordkeeping costs of the 

proposed rule could be about $1,320 per 


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21This is the average hourly wage of motor 

vehicle sales workers reported by the Bureau of 

Labor Statistics in July 2004 (inflated to 2006 

dollars). 

22According to the U.S. Small Business 

Administration size standards, an ATV 

manufacturer (NAICS code 336999) with fewer than 

500 employees would be considered small and an 

ATV wholesaler (NAICS code 423110) with fewer 

than 100 employees would be considered small. 

model. Based on staff’s identification of 

131 different ATV models for the 2001 

and 235 different ATV models for the 

year 2003 and the significant increase in 

sales of ATVs in recent years, there 

might be 500 different ATV models 

today. Therefore, the full testing and 

recordkeeping costs could be $660,000 

per year, assuming models are changed 

annually. 

Because several ATV manufacturers 

conform to ANSI/SVIA–1–2001 and 

should already be performing the testing 

called for in the proposed rule, the 

proposed rule will not impose 

additional testing burdens on these 

manufacturers. The staff estimates that 

these manufacturers account for at least 

150 ATV models. Therefore, the testing 

and recordkeeping cost that could be 

attributed to the proposed rule that 

would not be incurred in the absence of 

the rules, could be less than $462,000 

annually ($660,000 ¥ 150 × $1,320). 

Retailers. Retailers would be required 

to provide certificates for free training as 

discussed above. Additionally, each 

retailer would be required to maintain a 

record of the age acknowledgment 

statement and the training 

acknowledgment statement. The retailer 

will be required to write in the vehicle 

identification number on the training 

certificates that will be provided to the 

purchaser. The purchaser will be 

required to sign the original of each 

form and the retailer will have to 

maintain the originals in his or her files 

for 5 years after the date of the purchase. 

A copy of the age disclosure statement 

and training availability statement must 

also be sent to the manufacturer (or 

importer). The forms must be made 

available to CPSC representatives upon 

request. 

These records are not complex and 

simply provide some basic information 

to the consumer (i.e., the minimum age 

one should be to ride the particular ATV 

and contact information for free ATV 

safety training). No information needs to 

be collected by the retailer, other than 

the consumer’s signature. No particular 

skill will be required to generate or 

maintain these records. However, 

retailers that sell ATVs over the 

internet, or in other settings where a 

representative of the retailer does not 

meet personally with the consumer, 

may have to develop new procedures for 

obtaining the consumers’ signatures. 

These might include not shipping the 

ATV until the consumer has returned 

the signed originals to the retailer. 

The cost of preparing and filing these 

records is estimated to come to about 

$2.33 per ATV sold. This estimate 

assumes that an average of 3 forms and 

training certificates will be required for 

each ATV: The age acknowledgement 

form, the availability of training 

acknowledgement form; and an average 

of 1 training certificate. It is further 

assumed that each form takes an average 

of one minute to complete. An 

additional minute will be required for 

the retailer to send copies of the forms 

to the manufacturer and the 

manufacturer will require an additional 

minute to properly file the copies. The 

time is valued at $21.32 per hour.21 The 

cost of the blank forms themselves, 

postage, envelopes, and other supplies 

might add another $0.55 to the cost. 

If 950,000 ATVs are sold annually, the 

total recordkeeping cost on retailers will 

be about $2.2 million annually. The 

number of ATV retailers is estimated to 

be about 5,000. Therefore, the 

recordkeeping costs will average about 

$440 per retailer annually. Training 

certificates are already provided with 

about 90 percent of the ATVs sold. 

Therefore, about $0.3 million of this 

cost is already being incurred. 

K. Initial Regulatory Flexibility 

Analysis 

1. Introduction 

The Regulatory Flexibility Act 

(‘‘RFA’’) generally requires that agencies 

review proposed rules for their potential 

economic impact on small entities, 

including small businesses. Section 603 

of the RFA calls for agencies to prepare 

and make available for public comment 

an initial regulatory flexibility analysis 

describing the impact of the proposed 

rule on small entities and identifying 

impact-reducing alternatives. 

Accordingly, the staff prepared an 

initial regulatory flexibility analysis 

which is summarized below. 

2. Reporting, Recordkeeping and Other 

Compliance Requirements 

It is difficult to estimate accurately 

the number of small entities that could 

be impacted for two reasons. One reason 

is that as noted below, the number of 

firms participating in the market has 

increased significantly over the last 10 

years. Secondly, it is relatively easy for 

a firm to enter and exit the market. It is 

certain, however, that the ATV market 

has grown significantly in recent years. 

Manufacturers (and Importers). The 

proposed rule imposes some 

requirements on manufacturers (which 

includes importers) of ATVs. The 

number of firms that manufacture or 

import ATVs is increasing. From the 

time ATVs were first introduced in the 

early 1970s until about 2000, virtually 

all ATVs were manufactured and 

distributed by a few large firms. Since 

2000, the number of smaller importers 

has increased significantly. The staff 

now believes that there are at least 87 

manufacturers or importers that supply 

ATVs to the U.S. market. However, 

seven large manufacturers still account 

for about 90 percent of the U.S. ATV 

market. Thus, small manufacturers or 

importers have a combined market share 

of perhaps 10 percent of the market.22

Many of the new entrants are small 

importers that import ATVs from 

manufacturers based in Korea, Taiwan, 

and China. Virtually all manufacturers 

and importers of ATVs, including the 

small ones, are believed to manufacture 

and import products other than ATVs. 

These other products often include 

other motorized vehicles, such as 

motorcycles, motor scooters, go-carts, 

and mini bikes. In fact, of the ATV 

import operations that CPSC staff 

inspected in 2005, none sold ATVs 

exclusively and most received a 

majority of their revenue from other 

products. 

Conducting the tests to ensure that 

ATVs comply with the proposed 

mechanical standards will require 

professional engineering services. ATV 

manufacturers probably have qualified 

engineers on staff or can obtain the 

services of qualified engineers to 

conduct the tests. The documentation of 

the tests would likely be completed by 

the engineer conducting the tests. 

As discussed in sections I and J above, 

estimates suggest that the full testing 

and recordkeeping costs of the proposed 

rule could be about $1,320 per model. 

Staff estimates that there might be 500 

different ATV models today. Therefore, 

the full testing and recordkeeping costs 

could be $660,000 per year, assuming 

models are changed annually. 

As discussed above, the proposed rule 

will not impose additional testing 

burdens on the manufacturers who 

already conform to ANSI/SVIA–1–2001. 

The staff estimates that these 

manufacturers account for at least 150 

ATV models. Therefore, the testing and 

recordkeeping cost that could be 

attributed to the proposed rule that 

would not be incurred in the absence of 

the rule, could be less than $462,000 

annually ($660,000 ¥ 150 × $1,320). 

The annual cost of the testing per small 

manufacturer could be $5,000 to $6,000 


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23The three youth ATV models equipped with 

automatic clutches were produced by three of the 

large ATV manufacturers. 

assuming an average of 4 to 5 models 

require testing each year. 

Importers that do not manufacture 

ATVs can probably work with the 

foreign manufacturers to ensure that the 

ATVs meet the mechanical 

requirements and the documentation is 

prepared and transferred to the 

importer. Where the compliance testing 

is conducted by persons not fluent in 

English, an importer may have to 

employ the services of a qualified 

translator who can translate the records 

accurately into English. 

The requirement that all ATVs be 

equipped with a stop lamp would 

impose some cost burden on ATV 

manufacturers. Although many adult 

ATVs are already equipped with stop 

lights, most youth ATVs are not. Many 

small manufacturers and importers 

supply youth ATVs to the U.S. market. 

The cost of including stop lamps on 

ATVs includes the cost of the materials 

(e.g., bulbs, wiring, switches, lenses, 

and housing), the cost of the labor to 

install the materials, and the cost of 

modifying the bodies of ATVs to 

accommodate stop lamps. Stop lamps 

are standard on many different vehicles 

and, as noted, are included on most 

adult ATVs. However, CPSC has not 

developed firm estimates of the added 

cost to equip youth ATVs with stop 

lamps. 

The requirement that youth ATVs be 

equipped with automatic transmissions 

could impose some cost on 

manufacturers whose youth models are 

not already so equipped. However, most 

youth ATV models, including those 

from small importers, already appear to 

be equipped with automatic 

transmissions. The models identified by 

the staff that did not have automatic 

transmissions were some ATVs 

intended for children 12 years of age or 

older that were equipped with 

automatic clutches. An automatic 

clutch, which still requires the driver to 

manually select the appropriate gear, 

would not meet this requirement for 

youth ATVs.23

The cost of providing the required 

warning labels, hangtags, and additional 

pages in owner’s manuals is low. Many, 

if not most, manufacturers already 

comply, at least to some degree, with 

this requirement. However, some 

foreign manufacturers may require the 

services of a qualified translator to 

ensure that the labels and manuals are 

written in clear and understandable 

English. Other special skills probably 

will not be required since the required 

safety content of the warning labels, 

hangtags, and manuals is specified in 

the rule. 

The proposed rule requires that 

manufacturers provide purchasers with 

a video that provides safety information 

concerning ATVs. The major 

manufacturers already provide the 

safety videos that conform to this 

requirement. The cost of duplicating a 

video or DVD is no more than a few 

dollars. However, the cost of producing 

the safety video could be several 

thousand dollars. The impact on small 

importers could be reduced if a third 

party video could be licensed or shared 

by many small manufacturers or 

importers. 

Manufacturers would also be required 

to keep a copy of the owner’s manuals 

and the safety video for each model on 

file for at least 5 years. It is likely that 

many manufacturers would do this even 

in the absence of a mandatory rule. The 

storage costs of these items probably 

would not exceed $10 per model. The 

cost could be lower since the same 

safety video would likely be used for all 

ATV models produced or imported by a 

manufacturer and could be used for 

several years. Owner’s manuals also 

might cover more than one model. 

The proposed rule requires 

manufacturers to offer ‘‘free’’ ATV safety 

training to each purchaser of a new ATV 

and to each member of the purchaser’s 

family who meets the age qualification 

to drive the ATV. The manufacturer or 

importer must make arrangements with 

a training provider to provide this 

training. The training providers must 

offer their services reasonably close to 

where the purchaser lives and within a 

reasonable time of the purchase. There 

are groups, such as the ATV Safety 

Institute (sponsored by the Specialty 

Vehicles Institute of America (or 

‘‘SVIA’’)) that offer ATV safety training 

that should comply with this 

requirement. Based on the listed prices 

for the SVIA training, the cost is 

between $75 and $125 per person. 

Based on the experience with the 

manufacturers that have signed LOUs 

with the CPSC, it is expected that about 

30 to 40 percent of ATV purchasers with 

little riding experience will take 

advantage of the offer of free safety 

training. However, since most ATV 

purchasers are already experienced 

drivers, it is expected that less than 10 

percent of all purchasers of new ATVs 

will take advantage of the free training 

offer. 

The proposed rule would formalize a 

ban on the sale of new 3-wheel ATVs. 

CPSC reached voluntary agreements 

with ATV manufacturers to stop 

supplying 3-wheel ATVs to the U.S. 

market in 1988. The staff is not aware 

of any major manufacturers that are 

currently supplying 3-wheel ATVs to 

the U.S. market. However, the Office of 

Compliance has found evidence that 

some 3-wheeled vehicles that meet the 

definition of an ATV are being offered 

for sale to U.S. consumers on the 

internet. The formal ban in the proposed 

rule is intended to ensure no 

manufacturer or importer introduces a 

new 3-wheel ATV in the future. The ban 

should not impact the current 

operations of any manufacturer or 

importer. 

Retailers. ATV retailers would have 

some responsibilities under the 

proposed rule, but none that would be 

expected to have a substantial impact. 

The CPSC staff have not determined the 

total number of ATV retail operations, 

but they certainly number in the 

thousands, a substantial number of 

which could be small businesses. Many 

ATV retailers are franchise operations of 

the larger ATV manufacturers or 

distributors. Other ATV retailers 

purchase their inventory from ATV 

importers and wholesalers. ATV 

retailers usually sell products in 

addition to ATVs, including 

motorcycles, scooters, and farm 

equipment. Some ATVs are offered for 

sale over the internet. 

Each retailer will be required to 

prepare a ‘‘training certificate’’ that 

entitles each qualified member of the 

purchaser’s immediate family to free 

ATV safety training. Additionally, the 

retailer will be required to prepare and 

maintain records of disclosure 

statements concerning age 

recommendations and availability of 

training. The retailer will provide copies 

of both forms to the purchaser and the 

manufacturers. The retailer and 

manufacturers would have to maintain 

the originals in their files for 5 years 

after the date of the purchase. The forms 

must be made available to CPSC 

representatives upon request. 

As discussed in sections I and J above, 

the cost of preparing and filing these 

records is estimated to come to about 

$2.33 per ATV sold. The cost of the 

blank forms themselves, postage, 

envelopes, and other supplies might add 

another $0.55 to the cost. If 950,000 

ATVs are sold annually, the total 

recordkeeping cost on retailers will be 

about $2.2 million annually. The 

number of ATV retailers is estimated to 

be about 5,000. Therefore, the 

recordkeeping costs will average about 

$440 per retailer annually. 

The retailer will also be responsible 

for ensuring the warning labels and 

hang tags specified in the proposed rule 

remain on the vehicle at least until the 


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purchaser has possession of it. In 

addition, the retailer would be 

responsible for ensuring that the safety 

video and owner’s manual provided by 

the manufacturer or importer are 

transferred to the purchaser. 

3. Other Federal Rules 

The CPSC has not identified any 

Federal rule that either overlaps or 

conflicts with the proposed rule. Some 

states require training of ATV operators 

under some circumstances or require 

riders to wear certain protective gear. At 

least one state (North Carolina) has 

specified maximum engine sizes for 

ATVs intended for children under the 

age of 16 years. 

4. Alternatives to the Proposed Rule 

The proposed rule would essentially 

mandate provisions of a voluntary 

mechanical standard and certain 

provisions of agreements that CPSC has 

negotiated with the major ATV 

distributors. Manufacturers and 

distributors with an estimated combined 

market share of about 90 percent of the 

ATVs sold already comply with most of 

the provisions of the proposed rule. 

Because the rules are intended to ensure 

that all ATVs, distributors, and retailers 

meet these minimum requirements, 

CPSC has not identified any alternatives 

that would reduce the burden on small 

businesses and accomplish the goals of 

the proposed rule. 

The option of continuing to rely on 

voluntary activity was considered by the 

staff. However, the rapid increase in the 

number of firms supplying ATVs to the 

market and the relative ease of entry and 

exit into the market make it impractical 

to negotiate individual agreements with 

each manufacturer and importer. 

5. Summary and Conclusions 

Many of the 87 or more companies 

that manufacture or import ATVs into 

the U.S. and an unknown number of the 

retailers are small entities. The 

proposed rule would impose some 

requirements on these firms. However, 

the requirements are needed to ensure 

that all ATVs meet some minimum 

safety requirements, that all ATV 

consumers receive some important 

safety information, and that all buyers 

be offered the training that is needed to 

safely operate ATVs. Some small 

entities are already meeting many of the 

provisions of the proposed rule. 

L. Environmental Considerations 

Usually, CPSC rules establishing 

performance requirements are 

considered to ‘‘have little or no 

potential for affecting the human 

environment,’’ and environmental 

assessments are not usually prepared for 

these rules (see 16 CFR 1021.5 (c)(1)). 

Moreover, most of the ATV industry is 

already thought to be in conformance 

with most of the provisions of the 

proposed standard. Therefore, it is 

unlikely that substantial changes will be 

made in production practices nor will a 

substantial number of products require 

modification or disposal. 

M. Executive Order 12988 (Preemption) 

As required by Executive Order 12988 

(February 5, 1996), the CPSC states the 

preemptive effect of the ATV 

regulations proposed today as follows: 

The regulations for youth ATVs are 

proposed under authority of the Federal 

Hazardous Substances Act (FHSA). 15 

U.S.C. 1261–1278. Section 18 of the 

FHSA provides that, generally, if the 

Commission issues a rule under, or for 

the enforcement of, section 2(q) of the 

FHSA to protect against a risk of injury 

associated with, among other things, 

any toy or other article intended for use 

by children, ‘‘no State or political 

subdivision of a State may establish or 

continue in effect a requirement 

applicable to such [article] and designed 

to protect against the same risk of illness 

or injury unless such requirement is 

identical to the requirement established 

under such regulations.’’ 15 U.S.C. 

1261n(b)(1)(B). Upon application to the 

Commission, a State or local standard 

may be excepted from this preemptive 

effect if the State or local standard (1) 

provides a higher degree of protection 

from the risk of injury or illness than the 

FHSA standard and (2) does not unduly 

burden interstate commerce. In 

addition, the Federal government, or a 

State or local government, may establish 

and continue in effect a non-identical 

requirement that provides a higher 

degree of protection than the FHSA 

requirement for the hazardous substance 

for the Federal, State or local 

government’s own use. 15 U.S.C. 

1261n(b)(2). 

The proposed rule for adult ATVs is 

issued under authority of the Consumer 

Product Safety Act (CPSA). 15 U.S.C. 

2051–2084. Section 26 of the CPSA sets 

out a preemption provision similar to 

that of the FHSA, specifically 

‘‘whenever a consumer product safety 

standard under the Act [CPSA] is in 

effect and applies to a risk of injury 

associated with a consumer product, no 

State or political subdivision of a State 

shall have any authority either to 

establish or continue in effect any 

provision of a safety standard or 

regulation which prescribes any 

requirements as to the performance, 

composition, contents, design, finish, 

construction, packaging, or labeling of 

such product which are designed to deal 

with the same risk of injury associated 

with such consumer product, unless 

such requirements are identical to the 

requirements of the Federal standard.’’

15 U.S.C. 2075(a). As with the FHSA 

preemption provisions, an exception for 

products for the state or political 

subdivision’s own use and a petitioning 

procedure for an exemption from the 

otherwise applicable federal standard 

are provided. 

Thus, with the exceptions noted 

above, the ATV requirements proposed 

in today’s Federal Register would 

preempt non-identical state or local 

requirements for ATVs designed to 

protect against the same risk of injury. 

N. Effective Date 

The Commission proposes that these 

rules would become effective 180 days 

from publication of a final rule in the 

Federal Register and would apply to all 

terrain vehicles manufactured or 

imported on or after that date. The 

CPSA requires that consumer product 

safety rules take effect not later than 180 

days from their promulgation unless the 

Commission finds there is good cause 

for a later date. 15 U.S.C. 2058(g)(1). 

Many of the requirements proposed in 

these rules are substantially the same as 

provisions of the ANSI/SVIA voluntary 

standard, which the major ATV 

manufacturers currently comply with, 

or of the LOU agreements, which the 

major ATV manufacturers have with the 

Commission. Therefore, the 

Commission believes that a 180-day 

effective date is appropriate. 

O. Proposed Findings 

The CPSA and FHSA require the 

Commission to make certain findings 

when issuing a consumer product safety 

standard or a rule under the FHSA. The 

CPSA requires that the Commission 

consider and make findings about the 

degree and nature of the risk of injury; 

the number of consumer products 

subject to the rule; the need of the 

public for the rule and the probable 

effect on utility, cost and availability of 

the product; and other means to achieve 

the objective of the rule while 

minimizing the impact on competition, 

manufacturing and commercial 

practices. The CPSA also requires that 

the rule must be reasonably necessary to 

eliminate or reduce an unreasonable 

risk of injury associated with the 

product and issuing the rule must be in 

the public interest. For a rule declaring 

a product a banned hazardous product, 

the CPSA requires that the Commission 

must find that no feasible consumer 

product safety standard would 


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adequately protect the public from the 

unreasonable risk. 15 U.S.C. 2058(f)(3). 

In addition, the Commission must 

find that: (1) If an applicable voluntary 

standard has been adopted and 

implemented, that compliance with the 

voluntary standard is not likely to 

adequately reduce the risk of injury, or 

compliance with the voluntary standard 

is not likely to be substantial; (2) that 

benefits expected from the regulation 

bear a reasonable relationship to its 

costs; and (3) that the regulation 

imposes the least burdensome 

requirement that would prevent or 

adequately reduce the risk of injury. Id. 

The FHSA requires essentially similar 

findings concerning unreasonable risk, 

voluntary standards and potential costs 

and benefits. Under the FHSA, the 

Commission must find that some aspect 

of the design or manufacture of the 

article it seeks to regulate presents an 

unreasonable risk of injury or illness. Id. 

1261(s). The Commission must also 

make the findings concerning voluntary 

standards, relationship of costs to 

benefits, and least burdensome 

alternative as required by the CPSA. The 

findings must also be stated in the rules. 

These findings are discussed below. 

Degree and nature of the risk of 

injury. According to the Commission’s 

2004 Annual Report on ATVs, the 

Commission has reports of 6,494 ATVrelated deaths that have occurred since 

1982. For 2003 alone, an estimated 740 

ATV-related deaths were reported to the 

Commission. The estimated number of 

ATV-related injuries treated in hospital 

emergency rooms in 2004 was 136,100, 

which is an increase of about 8 percent 

over the 2003 estimate. These incidents 

occur when the operator of an ATV 

loses control of the vehicle, collides 

with another object, or otherwise 

becomes injured or dies while riding an 

ATV. Many incidents are related to 

behavior of the operator (such as riding 

on paved roads, carrying a passenger, 

driving at excessive speeds). 

Number of consumer products subject 

to the rule. The market has increased 

substantially since ATVs were first 

introduced over thirty years ago. In 

2005, an estimated 6.9 million ATVs 

were in use. 

The need of the public for ATVs and 

the effects of the rule on their utility, 

cost and availability. The need of the 

public for ATVs is both for recreation 

and for work, particularly on farms and 

ranches in rural areas. The proposed 

rule will have minimal effect on the 

utility, cost and availability of ATVs. 

The mechanical provisions of the 

proposed rule are substantially similar 

to requirements of the voluntary 

standard with which the major ATV 

manufacturers comply. Costs should be 

small because the information 

provisions of the proposed rule are also 

currently being followed by the major 

ATV manufacturers. With the exception 

of the ban of three-wheeled ATVs, the 

proposed rule should not affect the 

availability of ATVs. In fact, a greater 

variety of youth ATVs may become 

more available. 

Other means to achieve the objective 

of the rule while minimizing the impact 

on competition and manufacturing. 

Because most ATV manufacturers are 

currently complying with the ANSI/ 

SVIA voluntary standard and are 

providing the information materials the 

proposed rule requires, the Commission 

does not believe that the proposed rule 

will have much effect on competition 

and manufacturing. It is likely, however, 

that newer entrants may need to take 

action to bring their ATVs into 

compliance with the proposed rule. 

This could have the effect of increasing 

the price for the newer entrants’

imported ATVs. In the future, this could 

reduce the number of new entrants 

coming into the ATV market. 

Unreasonable risk. As discussed 

above, the Commission has reports of 

6,494 ATV-related deaths that have 

occurred since 1982 and for 2003 alone, 

an estimated 740 ATV-related deaths 

were reported to the Commission. The 

estimated number of ATV-related 

injuries treated in hospital emergency 

rooms in 2004 was 136,100. The 

proposed rules will establish 

mechanical standards for ATVs and 

requirements for the provision of safety 

information about operating ATVs. 

Included in this will be a requirement 

for manufacturers to provide free 

training. Many ATV manufacturers are 

currently in compliance with many of 

the proposed requirements. However, 

some of the additional requirements 

(such as requiring the age 

acknowledgment form and training 

acknowledgment form) or requirements 

that are somewhat different from current 

practice (such as clearer warning 

statements) may better inform 

consumers of ATV-related risks who 

may then be better able to reduce or 

avoid these risks. Moreover, the 

mandatory requirements will cover the 

increasing number of new entrants into 

the ATV market who are not following 

current voluntary standards or other 

safety practices that the major 

manufacturers are voluntarily following. 

This will reduce the risk of injury in the 

future as more such new entrants may 

enter the market. 

Public interest. These rules are in the 

public interest because they may reduce 

ATV-related deaths and injuries in the 

future. Their mandatory nature will 

mean that all ATV manufacturers will 

have to comply with the mechanical 

and information requirements of the 

rules. The increasing number of new 

entrants will make it difficult to 

maintain voluntary agreements with 

manufacturers. By issuing mandatory 

requirements, the Commission will have 

the authority to enforce these 

requirements rather than relying on 

voluntary compliance. 

Ban of three-wheeled ATVs. Threewheeled ATVs are less stable and more 

difficult to steer than four-wheeled 

ATVs. The risk of sustaining a hospital 

emergency room-treated injury while 

operating a three-wheeled ATV is about 

3 times the risk on a similar fourwheeled ATV. While there are many 

technical factors that make a fourwheeled ATV more dynamically stable 

than a three-wheeled ATV, one of the 

largest factors is the fourth wheel. Given 

the inherent difference in vehicle 

configuration, the Commission does not 

believe it is feasible to develop a 

performance standard for three-wheeled 

ATVs that would improve that vehicle’s 

stability performance to that of a fourwheeled vehicle. 

Voluntary standards. The current 

voluntary standard, ANSI/SVIA–1–

2001, specifies requirements for the 

mechanical operation of single rider 

ATVs (both for adult and youth ATVs). 

Manufacturers are working to 

incorporate requirements for tandem 

ATVs into the voluntary standard. The 

major manufacturers appear to comply 

with most provisions of the voluntary 

standard. However, the voluntary 

standard does not contain information 

requirements for such things as warning 

labels, owners manuals and training. 

Thus, compliance with the voluntary 

standard alone would not be sufficient 

to adequately reduce or eliminate the 

risk of injury. Many ATV incidents 

occur because of the way the ATV is 

used. The Commission cannot issue 

requirements for how a product should 

be used (e.g., requiring helmets, 

prohibiting children from riding adult 

ATVs). To affect these behaviors the 

Commission must act through 

requirements directing manufacturers 

and retailers to take actions that inform 

consumers of the risks associated with 

ATVs and advise consumers how they 

could reduce these risks. 

The major manufacturers have agreed 

to take many of the informational 

actions proposed in the rules through 

the LOUs they have entered into with 

the Commission. The LOUs are 

completely voluntary. A company could 

decide to change any of the actions it 

has agreed to at any time. 


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Federal Register / Vol. 71, No. 154 / Thursday, August 10, 2006 / Proposed Rules 45929 

Although the major manufacturers 

appear to be complying with the 

voluntary standard and abiding by their 

LOUs, a growing portion of the ATV 

market may not be following the 

voluntary standard (and is not bound by 

the LOUs). These new entrants now 

comprise approximately 10 percent of 

the market. Given recent trends and the 

lower price of the new entrants’

products, their share of the market is 

likely to increase. 

Thus, the Commission finds that 

compliance with the ANSI/SVIA–1–

2001 voluntary standard is not likely to 

eliminate or adequately reduce the risk 

of injury associated with ATVs, and it 

is unlikely that there will be substantial 

compliance with the voluntary 

standard. 

Relationship of benefits to costs. 

Because most manufacturers are 

currently taking most of the actions that 

the proposed rules would require, costs 

from the proposed rules are likely to be 

small. The initial potential reduction of 

ATV-related deaths and injuries may 

also be small. However, mandating the 

mechanical and information 

requirements will mean that new 

entrants to the market, a group that has 

recently been increasing, will have to 

comply with the requirements as well. 

The proposed rule would impose some 

testing and recordkeeping costs. The 

staff estimates these to be about 

$462,000 annually. For many of the 

provisions, it is difficult to quantify 

benefits. However, for the training 

requirement alone, the Commission 

estimates the proposed provision could 

result in a net benefit of about $3.3 

million annually. Given that in 2004 an 

estimated 136,000 ATV-related injuries 

were treated in hospital emergency 

rooms, and that an estimated 6,494 

ATV-related deaths have occurred since 

1982, if the proposed rule affects even 

a small number of potential deaths and 

injuries, the benefits would bear a 

reasonable relationship to the costs. 

As for youth ATVs, the Commission 

proposes to establish categories of youth 

ATVs based on maximum speed rather 

than engine size. This should not 

impose additional costs on 

manufacturers because these 

delineations are similar to those already 

in the ANSI/SVIA–1–2001 voluntary 

standard. However, this change could 

lead to a greater variety of youth ATVs 

which could result in more children 

riding youth ATVs rather than larger, 

riskier adult models. Such a movement 

of children to youth ATVs could reduce 

ATV-related deaths and injuries because 

the risk of injury for riders under the age 

of 16 driving adult ATVs is about twice 

the risk of injury of those who are 

driving age-appropriate ATVs. 

Additionally, the proposed change 

could result in more children receiving 

formal training, and this too could 

reduce deaths and injuries. 

Least burdensome requirement. As 

discussed above, the proposed rule is 

likely to impose only a small burden on 

most current ATV manufacturers and 

retailers. The Commission is essentially 

mandating the current practice that 

many manufacturers are following. 

Nevertheless, the proposed rule is likely 

to reduce the risk of injury associated 

with ATVs because it will enable the 

Commission to directly enforce the 

provisions of the rule and will bring 

new entrants under federal regulation. 

P. Additional Instructions to the Staff 

and Request for Comments 

The Commission instructs the staff to 

take the following actions and invites 

public comment on any of the issues 

raised. 

With regard to youth ATVs: 

1. Analyze all in-depth investigation 

reports and any other detailed reports of 

injuries we may have to children on 

ATVs to determine what factors 

contributed to the incidents and to 

determine whether additional changes 

could be made to the operational/ 

handling characteristics of youth ATVs 

that would reduce or eliminate injuries 

and deaths due to those factors. 

2. Test current youth models against 

one another to determine if there are 

characteristics of some models that 

make them more stable or otherwise less 

incident prone than other models. 

3. Determine whether making the 

junior and/or pre-teen youth models 

less rider interactive (lateral stability, 

braking systems, etc.) could reduce or 

eliminate deaths and injuries on youth 

models. 

4. Explore the feasibility of providing 

guidance to purchasers on the 

appropriate weight of the youth model 

ATV in relation to the weight of the 

rider and of providing guidance to 

manufacturers on an upper limit on the 

weight of the junior and pre-teen ATVs. 

5. Do research to determine if the top 

speed of thirty miles per hour for the 

teen youth model is excessive and 

whether reducing the speed would 

reduce or eliminate deaths and injuries 

on those vehicles. 

6. Determine how ATV training for 

children in the three age groups should 

be structured to maximize their ability 

to learn the safety information and 

riding skills (for example, should we 

require that a separate ATV training 

course for children be developed?). 

7. Determine whether tandem youth 

ATVs are appropriate. 

8. Analyze CPSC data to determine 

the desirability of illumination on youth 

ATVs (in both daytime and nighttime 

situations) to reduce deaths and injuries 

to riders. 

With regard to ATVs in general: 

1. As part of the on-going information 

and education campaign, Human 

Factors and other staff shall work with 

the Office of Information and Public 

Affairs to ensure that the core message 

that is developed with regard to 

children under 16 driving ATVs is as 

effective as possible. Explore whether 

two campaigns should be developed: 

One directed to children and one 

directed to the parents/adult drivers. 

2. Review and revise, where 

necessary, the incident reporting form 

on the ATV Web site to solicit as much 

information about ATV incidents as 

possible to assist staff in current and 

future ATV incident evaluations. 

3. Create a new tab on the ATV Web 

site that would contain everything 

parents ought to know about ATV safety 

for their children. 

4. Detail the plan for enforcement and 

monitoring of the ATV age guidelines 

under the new proposal and explain 

how it would differ from current 

practice and what additional 

enforcement tools it would provide the 

Commission. 

Q. Conclusion 

For the reasons stated in this 

preamble, the Commission preliminarily 

concludes that all terrain vehicles 

intended for adults present an 

unreasonable risk of injury which can 

be reduced through the requirements of 

this proposed rule. With regard to ATVs 

intended for children under the age of 

16, the Commission preliminarily 

concludes that ATVs that do not meet 

the requirements specified for youth 

ATVs are hazardous substances under 

section 2(f)(1(D) of the FHSA. The 

Commission also preliminarily 

concludes that three-wheeled ATVs 

present an unreasonable risk of injury 

and there is no feasible consumer 

product safety standard that would 

adequately protect the public from the 

risk of injury. 

List of Subjects 

16 CFR Part 1307 

Consumer protection, Imports, Law 

enforcement, Recreation and recreation 

areas, Safety. 

16 CFR Part 1410 

Consumer protection, Imports, 

Information, Labeling, Law 

enforcement, Recreation and recreation 

areas, Reporting and recordkeeping 

requirements, Safety. 


rwilkins on PROD1PC61 with PROPOSALS2
45930 Federal Register / Vol. 71, No. 154 / Thursday, August 10, 2006 / Proposed Rules 

16 CFR Part 1500 

Consumer protection, Hazardous 

materials, Hazardous substances, 

Imports, Infants and children, Labeling, 

Law enforcement, Toys. 

16 CFR Part 1515 

Consumer protection, Imports, Infants 

and children, Information, Labeling, 

Law enforcement, Recreation and 

recreation areas, Reporting and 

recordkeeping requirements, Safety, 

Youth. 

For the reasons stated in the 

preamble, the Commission proposes to 

amend Chapter II of title 16 of the Code 

of Federal Regulations as follows: 

1. Add part 1307 to read as follows: 

PART 1307—BAN OF THREEWHEELED ALL TERRAIN VEHICLES 

Sec. 

1307.1 Scope and application. 

1307.2 Purpose. 

1307.3 Definitions. 

1307.4 Banned hazardous products. 

1307.5 Findings. 

1307.6 Effective date. 

Authority: 15 U.S.C. 2057 and 2058. 

§ 1307.1 Scope and application. 

In this part 1307 the Consumer 

Product Safety Commission declares 

that three-wheeled all terrain vehicles, 

as defined in § 1307.3, are banned 

hazardous products under sections 8 

and 9 of the Consumer Product Safety 

Act (15 U.S.C. 2057 and 2058). 

§ 1307.2 Purpose. 

The purpose of the rule in this part is 

to prohibit the sale of three-wheeled all 

terrain vehicles. These products present 

an unreasonable risk of injury as a threewheeled ATV is inherently less stable 

than an ATV with four wheels resulting 

in 3 times the risk of injury compared 

to a four-wheeled ATV. 

§ 1307.3 Definitions. 

(a) The definitions in section 3 of the 

Consumer Product Safety Act (15 U.S.C. 

2052) apply to this part 1307. 

(b) Three-wheeled all terrain vehicle, 

or three-wheeled ATV, means a 

motorized vehicle that travels on three 

low pressure tires, has a seat designed 

to be straddled by the operator, has 

handlebars for steering, and is intended 

for off-road use on non-paved surfaces. 

§ 1307.4 Banned hazardous products. 

Any three-wheeled ATV, as defined 

in § 1307.3(b), that is manufactured or 

imported on or after [180 days from 

issuance of final rule] is a banned 

hazardous product. 

§ 1307.5 Findings. 

(a) The degree and nature of the risk 

of injury. The Commission finds that the 

risk of injury which the regulation in 

this part is designed to eliminate or 

reduce is that of severe injury or death 

occurring when the operator of a threewheeled ATV loses control of the 

vehicle, collides with another object, or 

otherwise becomes injured or dies while 

riding a three-wheeled ATV. Threewheeled ATVs are less stable and more 

risky than four-wheeled ATVs. The risk 

of sustaining a hospital emergency room 

treated injury while operating a threewheeled ATV is about 3 times the risk 

on a similar four-wheeled ATV. 

(b) Products subject to the ban. Threewheeled ATVs are motorized vehicles 

that travel on three low pressure tires, 

have a seat designed to be straddled by 

the operator, have handlebars for 

steering, and are intended for off-road 

use on non-paved surfaces. 

(c) The need of the public for threewheeled ATVs and the effects of the rule 

on their utility, cost and availability. 

The Commission finds that the public’s 

need for three-wheeled ATVs (given the 

continued availability of four-wheeled 

ATVs) is small and that the effect of this 

rule on the cost, utility, and availability 

of three-wheeled ATVs will also be 

small. The major manufacturers of ATVs 

have not sold three-wheeled ATVs in 

the United States since 1988. Although 

a few new entrants to the market have 

started to offer three-wheeled ATVs, and 

some models that were manufactured 

before 1988 are still in use, threewheeled ATVs are not widely available 

at this time. Even before 1988, the 

market for three-wheeled ATVs 

compared to four-wheeled ATVs was 

declining. In 1986, about 80 percent of 

ATVs sold in the United States had four 

wheels. For most individuals, the utility 

difference between a three-wheeled 

ATV and a four-wheeled ATV is 

minimal. Four-wheeled ATVs will 

continue to be available. Except for the 

fact that three-wheeled ATVs are 

considerably less stable than fourwheeled ATVs, they are functionally 

equivalent.a ̆≤ One can use a fourwheeled ATV in essentially the same 

manner as a three-wheeled ATV. 

(d) Alternatives. The Commission has 

considered other means of obtaining the 

objective of this ban, but has found none 

that would adequately reduce the risk of 

injury. While there are many technical 

factors that make a four-wheeled ATV 

more dynamically stable than a threewheeled ATV, one of the largest factors 

is the fourth wheel. Given the inherent 

difference in vehicle configuration, the 

Commission does not believe it is 

feasible to develop a performance 

standard for three-wheeled ATVs that 

would improve that vehicle’s stability 

performance to that of a four-wheeled 

vehicle. 

§ 1307.6 Effective date. 

The rule in this part becomes effective 

[180 days from issuance of final rule] 

and applies to all three-wheeled ATVs 

manufactured or imported on or after 

that date. 

2. Add part 1410 to Subchapter B to 

read as follows: 

PART 1410—REQUIREMENTS FOR 

ADULT ALL TERRAIN VEHICLES 

Subpart A—General Requirements 

Sec. 

1410.1 Purpose, scope, effective date. 

1410.2 Definitions. 

1410.3 Requirements in general. 

1410.4 Findings. 

Subpart B—Requirements for Equipment, 

Configuration and Performance for Single 

Rider ATVs 

1410.5 Equipment and configuration 

requirements. 

1410.6 Maximum speed capability test 

1410.7 Service brake performance test. 

1410.8 Parking brake performance test. 

1410.9 Pitch stability requirements. 

Subpart C— Requirements for Labeling, 

Point of Sale Information and Instruction 

1410.10 Labeling requirements. 

1410.11 Hangtag requirements. 

1410.12 Age acknowledgment. 

1410.13 Instructional/Owner’s manual. 

1410.14 Safety video. 

1410.15 Instructional training. 

Subpart D—Requirements for Tandem ATVs 

1410.16 Requirements in general for 

tandem ATVs. 

1410.17 Equipment and configuration 

requirements for tandem ATVs. 

1410.18 Pitch stability requirements for 

tandem ATVs. 

1410.19 Information requirements for 

tandem ATVs. 

Subpart E—Certification/Testing/ 

Recordkeeping 

1410.20 Certification. 

1410.21 Testing. 

1410.22 Recordkeeping. 

Figures 

Figure 1 to Part 1410—Operator Foot 

Environment—Plan View 

Figure 2 to Part 1410—Operator Foot 

Environment—Front View 

Figure 3 to Part 1410—Age Acknowledgment 

Form 

Figure 4 to Part 1410—Training 

Acknowledgment Form 

Figure 5 to Part 1410—Operator and 

Passenger Foot Environment—Plan View 

Figure 6 to Part 1410—Operator and 

Passenger Foot Environment—Front 

View 

Authority: 15 U.S.C. 2056–2058, 2063, 

2065 and 2076(e). 


rwilkins on PROD1PC61 with PROPOSALS2
Federal Register / Vol. 71, No. 154 / Thursday, August 10, 2006 / Proposed Rules 45931 

§ 1410.1 Purpose, scope, effective date. 

(a) Purpose. The purpose of the 

standard of this part is to reduce deaths 

and injuries associated with adult all 

terrain vehicles (ATVs) by ensuring that 

such ATVs meet certain technical 

requirements and that consumers have 

sufficient safety information about 

operating such ATVs. 

(b) Scope and effective date. All 

terrain vehicles, as defined in 

§ 1410.2(a) manufactured or imported 

on or after [180 days after final rule is 

issued] are subject to the requirements 

of the standard in this part and 16 CFR 

Part 1307. ATVs intended for use by an 

operator less than sixteen (16) years of 

age are subject to the requirements in 16 

CFR 1500.18(a)(20) and 16 CFR part 

1515. 

§ 1410.2 Definitions. 

In addition to the definitions in 

section 3 of the Consumer Product 

Safety Act (15 U.S.C. 2052), the 

following definitions apply for purposes 

of this part 1410. 

(a) All terrain vehicle, or ATV, means 

a three- or four-wheeled motorized 

vehicle that travels on low pressure 

tires, has a seat designed to be straddled 

by the operator (and a passenger if 

provision is made for carrying a 

passenger), has handlebars for steering, 

and is intended for off-road use on nonpaved surfaces. For purposes of this 

part, all terrain vehicle, or ATV, means 

an ATV that is intended for use by an 

operator 16 years of age or older. 

(b) Footrest means a structural 

support for the operator’s feet, which 

can include footpegs and footboards. 

(c) Gearshift control means a control 

for selecting among a number of sets of 

transmission gears. 

(d) Handlebar means a device used 

for steering and rider support and as a 

place to mount hand-operated controls. 

(e) Low pressure tire means a tire 

designed for off-road use on ATVs, and 

having a recommended tire pressure of 

no more than 69 kPa (10 psi). 

(f) Manual clutch means a device 

activated by the operator to disengage 

the engine from the transmission. 

(g) Manual fuel shutoff control means 

a device designed to turn the fuel flow 

from the fuel tank on and off. 

(h) Manufacturer means any entity 

that produces ATVs. For purposes of 

this part 1410, an importer is a 

manufacturer. 

(i) Mechanical suspension means a 

system which permits vertical motion of 

an ATV wheel relative to the chassis 

and provides spring and damping 

forces. 

(j) Parking brake means a brake 

system which, after actuation, holds one 

or more brakes continuously in an 

applied position without further action. 

(k) Passenger handhold means a 

device on a tandem ATV to be grasped 

by the passenger to provide support and 

help maintain balance while riding as a 

passenger. 

(l) PIN means a Product Identification 

Number assigned in accordance with 

Recreation Off-Road Vehicle Product 

Identification Numbering System, SAE 

International Consortium Standard, 

ICS–1000, issued 2004–9. 

(m) Retailer means, for purposes of 

this part 1410, a person to whom an 

ATV is delivered or sold for purposes of 

sale or distribution by such person to a 

consumer. 

(n) Safety alert symbol means the 

symbol which indicates a potential 

personal injury hazard as defined in 

section 4.10 of ANSI Z535.4–2002, 

American National Standard for 

Product Safety Signs and Labels. 

(o) Service brake means the primary 

brake system used for slowing and 

stopping a vehicle. 

(p) Spark arrester means an exhaust 

system component which limits the size 

of carbon particles expelled from a 

tailpipe. 

(q) Tandem all terrain vehicle means 

a motorized off-highway vehicle 

designed to travel on four tires, having 

a seat designed to be straddled by the 

operator and handlebar for steering 

control, and a seating position behind 

the operator seat designed to be 

straddled by no more than one 

passenger. 

(r) Three-wheeled all terrain vehicle 

means an all terrain vehicle as defined 

in paragraph (a) of this section that has 

three wheels. 

(s) Throttle control means a control 

which is located on the handlebar and 

is used to control engine power. 

(t) VIN means a Vehicle Identification 

Number assigned as specified in 49 CFR 

part 565. 

(u) Wheelbase (L) means the 

longitudinal distance from the center of 

the front axle to the center of the rear 

axle. 

(v) Wheel travel means the 

displacement of a reference point on the 

suspension (such as the wheel axle) 

from when the suspension is fully 

extended (no force applied) to when it 

is fully compressed. 

§ 1410.3 Requirements in general. 

(a) Each ATV designed for use only by 

a single rider, shall meet the equipment, 

configuration and performance 

requirements specified in subpart B of 

this part. Each ATV designed for two 

riders shall meet the equipment, 

configuration and performance 

requirements specified in subpart D of 

this part. All ATVs shall meet the 

requirements for labeling, point of sale 

information, instruction manuals, and 

instructional training specified in 

subpart C of this part and the 

recordkeeping and certification 

requirements specified in subpart E of 

this part. 

(b) Each ATV manufacturer shall 

comply with the requirements of this 

part applicable to manufacturers. For 

purposes of this part, an ATV importer 

is an ATV manufacturer. 

(c) Each ATV retailer shall comply 

with the requirements of this part 

applicable to retailers. 

(d) In accordance with 16 CFR part 

1307, any three-wheeled all terrain 

vehicle as defined in § 1410.2(r) which 

is manufactured or imported on or after 

[180 days after final rule is issued] is a 

banned hazardous product. 

§ 1410.4 Findings. 

(a) General. In order to issue a 

consumer product safety standard under 

the Consumer Product Safety Act, the 

Commission must make certain findings 

and include them in the rule. 15 U.S.C. 

2058(f)(3). These findings are discussed 

in this section. 

(b) Degree and nature of the risk of 

injury. According to the Commission’s 

2004 Annual Report on ATVs, the 

Commission has reports of 6,494 ATVrelated deaths that have occurred since 

1982. For 2003 alone, an estimated 740 

ATV-related deaths were reported to the 

Commission. The estimated number of 

ATV-related injuries treated in hospital 

emergency rooms in 2004 was 136,100, 

which is an increase of about 8 percent 

over the 2003 estimate. These incidents 

occur when the operator of an ATV 

loses control of the vehicle, collides 

with another object, or otherwise 

becomes injured or dies while riding an 

ATV. Many incidents are related to 

behavior of the operator (such as riding 

on paved roads, carrying a passenger, 

driving at excessive speeds). 

(c) Number of consumer products 

subject to the rule. The market has 

increased substantially since ATVs were 

first introduced over thirty years ago. In 

2005, an estimated 6.9 million ATVs 

were in use. 

(d) The need of the public for ATVs 

and the effects of the rule on their 

utility, cost and availability. The need of 

the public for ATVs is both for 

recreation and for work, particularly on 

farms and ranches in rural areas. The 

proposed rule will have minimal effect 

on the utility, cost and availability of 

ATVs. The mechanical provisions of the 

proposed rule are substantially similar 

to requirements of the voluntary 


rwilkins on PROD1PC61 with PROPOSALS2
45932 Federal Register / Vol. 71, No. 154 / Thursday, August 10, 2006 / Proposed Rules 

standard with which the major ATV 

manufacturers comply. Costs should be 

small because the information 

provisions of the proposed rule are also 

currently being followed by the major 

ATV manufacturers. With the exception 

of the ban of three-wheeled ATVs, the 

proposed rule should not affect the 

availability of ATVs. In fact, a greater 

variety of youth ATVs may become 

more available. 

(e) Other means to achieve the 

objective of the rule while minimizing 

the impact on competition and 

manufacturing. Because most ATV 

manufacturers are currently complying 

with the ANSI/SVIA–1–2001 voluntary 

standard and are providing the 

information materials the proposed rule 

requires, the Commission does not 

believe that the proposed rule will have 

much effect on competition and 

manufacturing. It is likely, however, 

that newer entrants may need to take 

action to bring their ATVs into 

compliance with the proposed rule. 

This could have the effect of increasing 

the price for the newer entrants’’

imported ATVs. In the future, this could 

reduce the number of new entrants 

coming into the ATV market. 

(f) Unreasonable risk. As noted in 

paragraph (b) of this section, the 

Commission has reports of 6,494 ATVrelated deaths that have occurred since 

1982, and an estimated 740 ATV-related 

deaths were reported to the Commission 

for 2003 alone. The proposed rules will 

establish mechanical standards for 

ATVs and requirements for the 

provision of safety information about 

operating ATVs. Included in this will be 

a requirement for manufacturers to 

provide free training. Many ATV 

manufacturers are currently in 

compliance with many of the proposed 

requirements. However, some of the 

additional requirements (such as 

requiring the age acknowledgment form 

and training acknowledgment form) or 

requirements that are somewhat 

different from current practice (such as 

clearer warning statements) may better 

inform consumers of ATV-related risks 

who may then be better able to reduce 

or avoid these risks. Moreover, the 

mandatory requirements will cover the 

increasing number of new entrants into 

the ATV market who are not following 

current voluntary standards or other 

safety practices that the major 

manufacturers are voluntarily following. 

This will reduce the risk of injury in the 

future as more such new entrants may 

enter the market. 

(g) Public interest. These rules are in 

the public interest because they may 

reduce ATV-related deaths and injuries 

in the future. Their mandatory nature 

will mean that all ATV manufacturers 

will have to comply with the 

mechanical and information 

requirements of the rules. The 

increasing number of new entrants will 

make it difficult to maintain voluntary 

agreements with manufacturers. By 

issuing mandatory requirements, the 

Commission will have the authority to 

enforce these requirements rather than 

relying on voluntary compliance. 

(h) Voluntary standards. The current 

voluntary standard, ANSI/SVIA–1–

2001, specifies requirements for the 

mechanical operation of single rider 

ATVs (both for adult and youth ATVs). 

Manufacturers will be working to 

incorporate requirements for tandem 

ATVs into the voluntary standard. The 

major manufacturers appear to comply 

with most provisions of the voluntary 

standard. The voluntary standard does 

not contain information requirements 

for such things as warning labels, 

owners manuals and training. Thus, 

compliance with the voluntary standard 

alone would not be adequate to 

eliminate the risk of injury. Many ATV 

incidents occur because of the way the 

ATV is used. The Commission cannot 

issue requirements for how a product 

should be used (e.g., requiring helmets, 

prohibiting children from riding adult 

ATVs). To affect these behaviors the 

Commission must act through 

requirements directing manufacturers 

and retailers to take actions that inform 

consumers of the risks associated with 

ATVs and advise consumers how they 

could reduce these risks. Although the 

major manufacturers have agreed to take 

many of the informational actions 

proposed in the rules through the 

Letters of Undertaking (‘‘LOUs’’) that 

they have entered into with the 

Commission, the LOUs are completely 

voluntary, and a company could decide 

to change any of the actions it has 

agreed to at any time. Although the 

major manufacturers appear to be 

complying with the voluntary standard 

and abiding by their LOUs, a growing 

portion of the ATV market may not be 

following the voluntary standard (and is 

not bound by the LOUs). These new 

entrants now comprise approximately 

10 percent of the market. Given recent 

trends and the lower price of the new 

entrants’’ products, their share of the 

market is likely to increase. Thus, the 

Commission finds that compliance with 

the ANSI/SVIA–1–2001 voluntary 

standard is not likely to eliminate or 

adequately reduce the risk of injury 

associated with ATVs, and it is unlikely 

that there will be substantial 

compliance with the voluntary 

standard. 

(i) Relationship of benefits to costs. 

Because most manufacturers are 

currently taking most of the actions that 

the proposed rules would require, costs 

from the proposed rules are likely to be 

small. The initial potential reduction of 

ATV-related deaths and injuries may 

also be small. However, mandating the 

mechanical and information 

requirements will mean that new 

entrants to the market, a group that has 

recently been increasing, will have to 

comply with the requirements as well. 

The proposed rule would impose some 

testing and recordkeeping costs. The 

staff estimates these to be about 

$462,000 annually. For many of the 

provisions, it is difficult to quantify 

benefits. However, for the training 

requirement alone, the Commission 

estimates the proposed provision could 

result in a net benefit of about $3.3 

million annually. Given that in 2004 an 

estimated 136,000 ATV-related injuries 

were treated in hospital emergency 

rooms, and that an estimated 6,494 

ATV-related deaths have occurred since 

1982, if the proposed rule affects even 

a small number of potential deaths and 

injuries, the benefits would bear a 

reasonable relationship to the costs. 

(j) Least burdensome requirement. 

The proposed rule is likely to impose 

only a small burden on ATV 

manufacturers and retailers. The 

Commission is essentially mandating 

the current practice that many 

manufacturers are following. 

Nevertheless, the proposed rule is likely 

to reduce the risk of injury associated 

with ATVs because it will enable the 

Commission to directly enforce the 

provisions of the rule and will bring 

new entrants under federal regulation. 

Subpart B—Requirements for 

Equipment, Configuration and 

Performance for Single Rider ATVs 

§ 1410.5 Equipment and configuration 

requirements. 

(a) Service brakes. All ATVs shall 

have either independently-operated 

front and rear brakes, or front and rear 

brakes that are operated by a single 

control, or both. These brakes shall meet 

the requirements of § 1410.7. 

(b) Parking brake. All ATVs shall 

have a parking brake capable of holding 

the ATV stationary under prescribed 

conditions. The parking brake shall 

meet the performance requirements of 

§ 1410.8. 

(c) Mechanical suspension. All ATVs 

shall have mechanical suspension for all 

wheels. Each wheel shall have a 

minimum wheel travel of 50 mm (2 

inches). Springing and damping 


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properties shall be provided by 

components other than the tire. 

(d) Engine stop switch. All ATVs shall 

have an engine stop switch which is 

operable by the thumb without 

removing the hand from the handlebar. 

The engine stop switch shall not require 

the operator to hold it in the off position 

to stop the engine. 

(e) Manual clutch control. All ATVs 

equipped with a manual clutch shall 

have a clutch lever which is operable 

without removing the hand from the 

handlebar. 

(f) Throttle control. All ATVs shall be 

equipped with a means of controlling 

engine power through a throttle control. 

The throttle control shall be operable 

without removing the hand from the 

handlebar. The throttle control shall be 

self-closing to an idle position upon 

release of the operator’s hand from the 

control. 

(g) Drivetrain controls. (1) Manual 

transmission gearshift control. All ATVs 

equipped with a manual transmission 

gearshift control shall have the control 

located so that it is operable by the 

operator’s left foot or left hand. 

(i) Operation of a foot gearshift 

control. If equipped with a foot gearshift 

control, an upward motion of the 

operator’s toe shall shift the 

transmission toward higher (lower 

numerical gear ratio) gears, and a 

downward motion toward lower gears. 

If equipped with a heel-toe (rocker) 

shifter, an upward motion of the toe or 

a downward motion of the heel shall 

shift the transmission toward higher 

gears and a downward motion of the toe 

toward lower gears. 

(ii) Operation of a hand gearshift 

control. If equipped with a hand 

gearshift control, moving a control 

upward or depressing the upper portion 

of the control shall shift the 

transmission toward higher (lower 

numerical gear ratio) gears, and moving 

the control downward or depressing the 

lower portion of the control shall shift 

the transmission toward lower gears. 

(iii) Gear selection. If three or more 

gears are provided, it shall not be 

possible to shift from the highest gear 

directly to the lowest gear, or vice versa. 

(2) Directional/Range controls. 

Controls for selecting forward, neutral, 

or reverse or for selecting overall 

transmission ranges, or for selecting the 

differential drive (2-wheel or 4-wheel) 

shall have a defined shift pattern 

viewable by the operator. 

(3) Neutral indicator. All ATVs with 

a neutral position shall have either a 

neutral indicator readily visible to the 

operator when seated on the ATV or a 

means to prevent starting of the ATV 

unless the transmission is in the neutral 

position. The indicator, if provided, 

shall be activated whenever the ignition 

system is on and the transmission is in 

neutral. 

(4) Reverse indicator. All ATVs with 

a reverse position shall have a reverse 

indicator readily visible to the operator 

when the operator is seated on the ATV. 

The indicator shall be activated 

whenever the engine is running and the 

transmission is in reverse. 

(5) Electric start interlock. An 

interlock shall be provided to prevent 

the ATV engine from being started by 

electric cranking unless the 

transmission is in neutral or park, or the 

brake is applied. 

(h) All ATVs shall have a means for 

allowing the presence of the ATV to be 

visible during daylight hours over an 

obstacle with a height of six (6) feet 

located directly adjacent to the ATV. 

(i) Manual fuel shutoff control. If an 

ATV is equipped with a manual fuel 

shutoff control, the device shall be 

operable as prescribed in 49 CFR 

571.123, Table 1. 

(j) Handlebars. The handlebar and its 

mounting shall present no rigid 

materials with an edge radius of less 

than 3.2 mm (0.125 inch) that may be 

contacted by a probe in the form of a 

165 mm (6.5 inch) diameter sphere. The 

probe shall be introduced to the 

handlebar mounting area. It shall not be 

possible to touch any part of any edge 

that has a radius of less than 3.2 mm 

(0.125 inch) with any part of the probe. 

A handlebar crossbar, if provided, shall 

be equipped to minimize contact 

injuries. 

(k) Operator foot environment. All 

ATVs shall have a structure or other 

design feature which meets the 

requirements of paragraphs (k)(1) 

through (4) of this section. 

(1) Test procedure. Compliance shall 

be determined by introduction of a 

probe, whose end is a rigid flat plane 

surface 75 mm (3 inches) in diameter, in 

the prescribed direction to the zones as 

described in paragraphs (k)(2) and (3) of 

this section and as shown in Figures 1 

and 2 of this part, or in the case of a 

tandem ATV, Figures 5 and 6 of this 

part. 

(i) Inserting probe vertically and 

downward. The probe shall be 

introduced end-first in a vertical and 

downward direction to the zone 

described in paragraph (k)(2) of this 

section and shown by the shaded 

portion of Figure 1 of this part, or in the 

case of a tandem ATV, the shaded 

portion of Figure 5. The end of the 

probe in its entirety shall remain within 

the limits of the zone. It shall not 

penetrate the zone sufficiently to touch 

the ground when applied with a force of 

445 N (100 lbf). 

(ii) Inserting probe horizontally and 

rearward. The probe shall be introduced 

end-first in a horizontal and rearward 

direction to the zone described in 

paragraph (k)(3) of this section and 

shown by the shaded portion of Figure 

2 of this part, or in the case of a tandem 

ATV, the shaded portion of Figure 6 of 

this part. The end of the probe in its 

entirety shall remain within the limits 

of the zone. It shall not penetrate the 

zone sufficiently to touch the rear tire 

when applied with a force of 90 N (20 

lbf). 

(2) Boundaries of zone in Figure 1 of 

this part. The zone shown in Figure 1 

of this part, or in the case of a tandem 

ATV, Figure 5 of this part, is defined as 

bounded by: 

(i) The vertical projection of the rear 

edge of the footrest. 

(ii) The vertical plane (line AA) 

parallel to the ATV’s longitudinal plane 

of symmetry that passes through the 

inside edge of the footrest. 

(iii) The vertical projection of the 

intersection of a horizontal plane 

passing through the top surface of the 

footrest and the rear fender or other 

structure. 

(iv) The vertical plane passing 

through point D and tangent to the outer 

front surface of the rear tire. 

(A) For footpegs point D is defined as 

the intersection of the lateral projection 

of the rearmost point of the footpeg and 

the longitudinal projection of the 

outermost point of the footpeg. 

(B) For footboards point D is defined 

as the intersection of 2 lines. The first 

is a line perpendicular to the vehicle 

longitudinal plane of symmetry and 

one-third of the distance from the front 

edge of the rear tire to the rear edge of 

the front tire. The second is a line 

parallel to the ATV’s longitudinal plane 

of symmetry and one-half the distance 

between the inside edge of the footboard 

and the outside surface of the rear tire. 

(3) Boundaries of zone in Figure 2 of 

this part. The zone shown in Figure 2 

of this part is defined as bounded by: 

(i) The horizontal plane passing 

through the lowest surface of the 

footrest on which the operator’s foot 

(boot) rests (plane F), or in the case of 

a tandem ATV, the passenger’s foot 

(boot) rests (Plane G, Figure 6 of this 

part). 

(ii) The vertical plane (line AA) 

parallel to the ATV’s longitudinal plane 

of symmetry that passes through the 

inside edge of the footrest. 

(iii) The horizontal plane 100 mm (4 

inches) above plane F, or in the case of 

a tandem ATV, plane G, Figure 6 of this 

part. 


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(iv) The vertical plane (line BB) 

parallel to the ATV’s longitudinal plane 

of symmetry and 50 mm (2 inches) 

inboard of the outer surface of the rear 

tire. 

(4) Requirements for ATVs with nonfixed structure. All ATVs equipped with 

a non-fixed type (for example, foldable, 

removable or retractable) structure 

intended to meet the requirements of 

this paragraph (k) shall be equipped 

with one or more of the following: 

(i) A warning device (for example, a 

buzzer or indicator) to indicate that the 

structure is not in the position needed 

to comply with the requirements of this 

paragraph (k). 

(ii) A device to prevent the ATV from 

being operated under its own power if 

the structure is not in the position 

needed to comply with the requirements 

of this paragraph (k). 

(iii) A structure that can be folded, 

retracted, or removed, such that when 

the structure is folded, retracted, or 

removed, the ATV cannot be operated 

using the footrest in the normal manner. 

(l) Lighting equipment—(1) 

Requirement. All ATVs shall have at 

least one headlamp projecting a white 

light to the front of the ATV, at least one 

tail lamp projecting a red light to the 

rear, and at least one stop lamp or 

combination tail/stop lamp. The stop 

lamp shall be illuminated by the 

actuation of any service brake control. 

(2) Specifications. Headlamps shall 

conform to Surface Vehicle 

Recommended Practice, All Terrain 

Vehicle Headlamps, SAE J1623 FEB94; 

and tail lamps shall conform to Surface 

Vehicle Standard, Tail Lamps (Rear 

Position Lamps) for Use on Motor 

Vehicles Less than 2032 mm in Overall 

Width, SAE J585 MAR00. Stop lamps 

shall conform to Surface Vehicle 

Standard, Stop Lamps for Use on Motor 

Vehicles Less than 2032 mm in Overall 

Width, SAE J586 MAR00 or Surface 

Vehicle Recommended Practice, 

Snowmobile Stop Lamp, SAE J278 

MAY95. 

(m) Spark arrester. All ATVs shall 

have a spark arrester of a type that is 

qualified according to the United States 

Department of Agriculture Forest 

Service Standard for Spark Arresters for 

Internal Combustion Engines, 5100–l c, 

September 1997 or, Surface Vehicle 

Recommended Practice, Spark Arrester 

Test Procedure for Medium Size 

Engines, SAE J350 JAN91. 

(n) Tire marking. All ATV tires shall 

carry the following markings: 

(1) Inflation pressure. Both tire 

sidewalls shall he marked with the 

operating pressure or the following 

statement, or an equivalent message: 

‘‘SEE VEHICLE LABEL OR OWNER’S 

MANUAL FOR OPERATING 

PRESSURE.’’ The messages required by 

this paragraph shall be in capital letters 

not less than 4 mm (0.156 inch) in 

height. 

(2) Bead seating pressure. Both tire 

sidewalls shall be marked with the 

following statement, or an equivalent 

message: ‘‘Do Not Inflate Beyond **psi 

(**kPa) When Seating Bead.’’

(3) Other Markings. Both tire 

sidewalls shall have the following 

information: 

(i) The manufacturer’s name or brand 

name. 

(ii) On one tire sidewall, the threedigit week and year of manufacture in 

the form prescribed at 49 CFR 574.5(d), 

fourth grouping. 

(iii) The size nomenclature of the tire 

(for example, AT 22 × 10¥9*) as 

standardized by the Tire and Rim 

Association, Inc. or the Japan 

Automobile Tire Manufacturers 

Association, Inc. 

(iv) The word ‘‘tubeless’’ for a 

tubeless tire. 

(v) The phrase ‘‘Not For Highway 

Use’’ or ‘‘Not For Highway Service.’’

(4) Letter sizes. The information 

required by paragraphs (n)(2) and (3) of 

this section shall be in letters or 

numerals no less than 2 mm (.078 inch) 

in height. 

(o) Tire pressure. All ATVs shall be 

provided with a means to verify that the 

pressures within each tire are within the 

recommended range(s). 

(p) Security. All ATVs shall have a 

means to deter unauthorized use of the 

ATV. 

(q) Vehicle Identification Number 

(VIN) or Product Identification Number 

(PIN). Each ATV shall have prominently 

displayed on the ATV a unique VIN 

assigned by its manufacturer in 

accordance with 49 CFR Part 565 or a 

unique PIN in accordance with 

Recreation Off-Road Vehicle Product 

Identification Numbering System, SAE 

International Consortium Standard, 

ICS–1000, issued 2004–9. If the ATV 

has a VIN number, the characters in 

location 4 and 5 of the number shall be 

‘‘A’’ and ‘‘T’’, respectively. The VIN or 

PIN label shall meet the durability 

requirements, including exposure 

conditions for outdoor use, of UL 

Standard for Safety for Marking and 

Labeling Systems, Underwriters 

Laboratories Standard UL 969, fourth 

edition, October 3, 1995. 

§ 1410.6 Maximum speed capability test. 

(a) Test conditions. Test conditions 

shall be as follows: 

(1) ATV test weight shall be the 

unloaded ATV weight plus the vehicle 

load capacity (including test operator 

and instrumentation), with any added 

weight secured to the seat or cargo 

area(s) if so equipped. 

(2) Tires shall be inflated to the 

pressures recommended by the ATV 

manufacturer for the vehicle’s test 

weight. 

(3) The test surface shall be clean, dry, 

smooth and level concrete, or 

equivalent. 

(b) Test procedure. Measure the 

maximum speed capability of the ATV 

using a radar gun or equivalent method. 

The test operator shall accelerate the 

ATV until maximum speed is reached, 

and shall maintain maximum speed for 

at least 30.5 m (100 ft). Speed 

measurement shall be made when the 

ATV has reached a stabilized maximum 

speed. A maximum speed test shall 

consist of a minimum of two 

measurement test runs conducted over 

the same track, one each in opposite 

directions. If more than two 

measurement runs are made there shall 

be an equal number of runs in each 

direction. The maximum speed 

capability of the ATV shall be the 

arithmetic average of the measurements 

made. A reasonable number of 

preliminary runs may be made prior to 

conducting a recorded test. 

§ 1410.7 Service brake performance test. 

(a) Test conditions. Test conditions 

shall be as follows. 

(1) The ATV shall be tested at the 

appropriate test weight prescribed in 

this paragraph (a)(1). The ATV test 

weight shall be the unloaded vehicle 

weight plus the vehicle load capacity 

(including test operator and 

instrumentation) with any added weight 

secured to the seat or cargo area(s) (if 

equipped). 

(2) Tires shall be inflated to the 

pressures recommended by the ATV 

manufacturer for the vehicle test weight. 

(3) Engine idle speed and ignition 

timing shall be set according to the 

manufacturer’s recommendations. 

(4) Ambient temperature shall be 

between 0°C (32°F) and 38°C (100° F). 

(5) The test surface shall be clean, dry, 

smooth and level concrete, or 

equivalent. 

(6) Any removable speed limiting 

devices shall be removed and any 

adjustable speed limiting devices shall 

be adjusted to provide the ATV’s 

maximum speed capability. 

(b) Test procedure. The test procedure 

shall be as follows: 

(1) Measure the maximum speed 

capability of the ATV in accordance 

with § 1410.6. Determine the braking 

test speed (V). The braking test speed is 

the speed that is the multiple of 8 km/ 

h (5 mph), which is 6 km/h (4 mph) to 


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1 Direct on-board instrumentation may be used to 

acquire any measurement data. 

13 km/h (8 mph) less than the 

maximum speed capability of the ATV. 

(2) Burnish the front and rear brakes 

by making 200 stops from the braking 

test speed. Stops shall be made by 

applying front and rear service brakes 

simultaneously, and braking 

decelerations shall be from 1.96 m/s2 to 

4.90 m/s2 (0.2 g to 0.5 g). 

(3) After burnishing, adjust the brakes 

according to the manufacturer’s 

recommendation. 

(4) Make six stops from the braking 

test speed. Stops shall be made by 

applying the front and rear service 

brakes simultaneously, and braking 

decelerations shall be from 1.96 m/s2 to 

4.90 m/s2 (0.2 g to 0.5 g). 

(5) Make four stops from the braking 

test speed, applying the front and rear 

service brakes. Measure the speed 

immediately before the service brakes 

are applied. Appropriate markers or 

instrumentation shall be used which 

will accurately indicate the point of 

brake application. Measure the stopping 

distance (S). 

(i) Hand lever brake actuation force 

shall be not less than 22 N (5 lbf) and 

not more than 133 N (30 lbf) and foot 

pedal brake actuation force shall be not 

less than 44 N (10 lbf) and not more 

than 222 N (50 lbf). 

(ii) The point of initial application of 

lever force shall be 25 mm (1.0 in.) from 

the end of the brake lever. The direction 

of lever force application shall be 

perpendicular to the handle grip in the 

plane in which the brake lever rotates. 

The point of application of pedal force 

shall be the center of the foot contact 

pad of the brake pedal, and the direction 

of force application shall be 

perpendicular to the foot contact pad 

and in the plane in which the brake 

pedal rotates. 

(c) Performance requirements. (1) For 

ATVs with maximum speed capability 

of 29 km/h (18 mph) or less, at least one 

of the four stops required by paragraph 

(b)(5) of this section shall comply with 

the relationship: 

S ≤ V/5.28 

Where: 

S = brake stopping distance (m) 

V = braking test speed (km/hr) 

S ≤ V 

Where: 

S = brake stopping distance (ft) 

V = braking test speed (mph) 

(2) For ATVs with maximum speed 

capability of greater than 29 km/h (18 

mph), at least one of the four stops 

required by paragraph (b)(5) of this 

section shall have an average braking 

deceleration of 5.88 m/s2 (0.6 g) or 

greater. Average braking deceleration 

can be determined according to the 

following formulae: 1

a = V2/25.92S 

Where: 

a = average deceleration (m/s2) 

S = brake stopping distance (m) 

V = braking test speed (km/h) 

a = [(.033) × V2]/S 

Where: 

a = average deceleration (g) 

S = brake stopping distance (ft) 

V = braking test speed (mph) 

§ 1410.8 Parking brake performance test. 

(a) Test conditions. Test conditions 

shall be as follows: 

(1) ATV test weight shall be the 

unloaded ATV weight plus weight 

secured to the seat or cargo area(s) (if 

equipped), which is equal to the 

manufacturer’s stated vehicle load 

capacity. 

(2) Tires shall be inflated to the 

pressures recommended by the ATV 

manufacturer for the vehicle test weight. 

(3) The test surface shall be clean, dry, 

smooth concrete or equivalent, having a 

30 percent grade. 

(b) Test procedure. The test procedure 

shall be as follows: 

(1) Burnish the service brakes 

according to the procedure specified in 

§ 1410.7(b)(2) if service brakes are used 

as part of the parking brake. 

(2) Adjust the parking brake according 

to the procedure recommended by the 

ATV manufacturer. 

(3) Position the ATV facing downhill 

on the test surface, with the longitudinal 

axis of the ATV in the direction of the 

grade. Apply the parking brake and 

place the transmission in neutral and 

leave the ATV undisturbed for 5 

minutes. Repeat the test with the ATV 

positioned facing uphill on the test 

surface. 

(c) Performance requirements. When 

tested according to the procedure 

specified in paragraph (b) of this 

section, the parking brake shall be 

capable of holding the ATV stationary 

on the test surface, to the limit of 

traction of the tires on the braked 

wheels, for 5 minutes in both uphill and 

downhill directions. 

§ 1410.9 Pitch stability requirements. 

(a) Test conditions. Test conditions 

shall be as follows: 

(1) The ATV shall be in standard 

condition, without accessories. The 

ATV and components shall be 

assembled and adjusted according to the 

manufacturer’s instructions and 

specifications. 

(2) Tires shall be inflated to the ATV 

manufacturer’s recommended settings 

for normal operation. If more than one 

pressure is specified, the highest value 

shall be used. 

(3) All fluids shall be full (oil, coolant, 

and the like), except that fuel shall be 

not less than three-fourths full. ATV 

shall be unladen, with no rider, cargo, 

or accessories. 

(4) Steerable wheels shall be held in 

the straight ahead position. 

(5) Adjustable suspension 

components shall be set to the values 

specified at the point of delivery to the 

dealer. 

(6) Suspension components shall be 

fixed by means of a locking procedure 

such that they remain in the same 

position and displacement as when the 

unladen ATV is on level ground, and in 

the conditions specified in paragraphs 

(a)(1) through (5) of this section. 

(b) Test procedure. The test procedure 

shall be as follows: 

(1) Calculations based on vehicle 

metrics: 

(i) Measure and record the wheelbase 

(L). The measurement of this length 

shall be done with an accuracy of ± 5 

mm (± 0.2 inch) or ± 0.5%, whichever 

is greater. 

(ii) Measure and record the front and 

rear weights, (Wf and Wr, respectively). 

Wf is the sum of the front tire loads; and 

Wr is the sum of the rear tire loads with 

the ATV level and in the condition 

specified in subsection (a) of this 

section. The measurements of these 

weights shall be done with an accuracy 

of ± 0.5 kg (± 1.1 lb) or ± 0.5%, 

whichever is greater. 

(iii) Using the values obtained in 

paragraphs (b)(1)(i) and (ii) of this 

section, compute and record the 

quantity as follows: L1 = (Wf/( Wf + Wr)) 

x L. 

(iv) Measure and record the vertical 

height between the rear axle center and 

the ground (Rr). This measurement shall 

be done on level ground, with the ATV 

in the conditions specified in subsection 

(a) of this section, with an accuracy of 

± 3 mm (± 0.1 inch) or ± 1.5%, 

whichever is greater. 

(v) Measure and record the balancing 

angle alpha. The procedure for 

obtaining this value is as follows: with 

the ATV on a level surface, the front of 

the vehicle shall be rotated upward 

about the rear axle without setting the 

rear parking brake or using stops of any 

kind, until the ATV is balanced on the 

rear tires. The balancing angle alpha 

through which the ATV is rotated shall 

be measured and recorded with an 

accuracy of ± 0.5 degrees. If an assembly 

protruding from the rear of the ATV, 

such as a carry bar or trailer hitch or 

hook, interferes with the ground surface, 

so as to not allow a balance to be 


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45936 Federal Register / Vol. 71, No. 154 / Thursday, August 10, 2006 / Proposed Rules 

reached, the vehicle shall be placed on 

blocks of sufficient height to eliminate 

the interference. 

(vi) Repeat the measurement in 

paragraph (b)(1)(v) of this section and 

determine if the two individual 

measurements are within 1.0 degree of 

each other. If they are not, repeat the 

measurements two more times and 

compute the average of the four 

individual measurements, and use that 

as the value. 

(2) Tilt table procedure. The ATV 

shall be placed on a variable slope 

single-plane tilt table. The steerable 

wheels shall be straight forward. The 

ATV shall be positioned on the tilt table 

with its longitudinal center line 

perpendicular to the tilt axis of the table 

and its rear positioned downhill. The 

table shall be tilted until lift-off of the 

upper tire(s) occurs. Measure the angle 

at which lift-off of the upper wheel(s) 

occurs. Lift-off shall have occurred 

when a strip of 20-gauge steel 

[approximately 1 mm (.039 inch) thick], 

76 mm (3 inch) minimum width, can be 

pulled from or moved under the second 

uphill tire to lift with a force of 9 N (2 

lb) or less. 

(c) Performance requirements—(1) 

Computation from vehicle metrics. 

Using the values obtained in paragraphs 

(b)(1)(iii), (b)(1)(iv), and (b)(1)(vi) of this 

section, compute the pitch stability 

coefficient as follows: Kp = (L1 tan 

alpha)/(L1 + Rr tan alpha). 

(2) Computation from tilt table. The 

pitch stability coefficient Kp is the 

tangent of the tilt table angle. 

(3) Requirement. The pitch stability 

coefficient Kp calculated according to 

paragraph (c)(2) of this section shall be 

at least 1.0. 

Subpart C—Requirements for 

Labeling, Point of Sale Information and 

Instruction 

§ 1410.10 Labeling requirements. 

(a) General warning label. (1) Each 

ATV shall have affixed to it a general 

warning label in English that meets the 

requirements of this section. 

(2) Content. The general warning label 

shall display the safety alert symbol and 

the word ‘‘WARNING’’ in capital letters. 

The label shall contain the following, 

or substantially equivalent, statements. 

They may be arranged on the label to 

place the prohibited actions together 

and the required actions together. 

‘‘THIS VEHICLE CAN BE HAZARDOUS 

TO OPERATE. A collision or rollover can 

occur quickly, even during routine 

maneuvers such as turning and driving on 

hills or over obstacles, if you fail to take 

proper precautions.’’

‘‘SEVERE INJURY OR DEATH can result if 

you do not follow these instructions:’’

‘‘BEFORE YOU OPERATE THIS ATV, 

READ THE OWNER’S MANUAL AND ALL 

LABELS.’’

‘‘NEVER OPERATE THIS ATV WITHOUT 

PROPER INSTRUCTION. Beginners should 

complete a training course.’’

‘‘NEVER CARRY A PASSENGER ON THIS 

ATV. You increase your risk of losing control 

if you carry a passenger.’’

‘‘NEVER OPERATE THIS ATV ON PAVED 

SURFACES. You increase your risk of losing 

control if you operate this ATV on 

pavement.’’

‘‘NEVER OPERATE THIS ATV ON PUBLIC 

ROADS. You can collide with another 

vehicle if you operate this ATV on a public 

road.’’

‘‘ALWAYS WEAR AN APPROVED 

MOTORCYCLE HELMET, eye protection, and 

protective clothing.’’

‘‘NEVER CONSUME ALCOHOL OR 

DRUGS before or while operating this ATV.’’

‘‘NEVER OPERATE THIS ATV AT 

EXCESSIVE SPEEDS. You increase your risk 

of lowing control if you operate this ATV at 

speeds too fast for the terrain, visibility 

conditions, or your experience.’’

‘‘NEVER ATTEMPT WHEELIES, JUMPS, 

OR OTHER STUNTS.’’

(3) Format. The color scheme, 

typeface and formatting of the label 

shall be consistent with ANSI Z535.4 

(American National Standard for 

Product Safety Signs and Labels (2002). 

(4) Location. This label shall be 

affixed to the left front fender so it is 

easily visible in its entirety to the 

operator when seated on the vehicle in 

the proper operating position. If this 

location is not available for a particular 

ATV, the label shall be affixed to the 

right front fender so as to be easily read 

by the operator when seated in the ATV 

in the proper operating position. 

(b) Age recommendation warning 

label. (1) Each ATV shall have affixed 

an age recommendation warning label 

in English that meets the requirements 

of this section. 

(2) Content. The age recommendation 

warning label shall display the safety 

alert symbol and the word ‘‘WARNING’’

in capital letters. The label shall have a 

circle with a slash through it with the 

words ‘‘under 16’’ inside the circle. 

Below the circle, the label shall contain 

the following, or substantially 

equivalent, statements: 

‘‘Even youth with ATV experience have 

immature judgment and should never drive 

an adult ATV. 

Letting children under the age of 16 

operate this ATV increases their risk of 

severe injury or death. 

NEVER let children under age 16 operate 

this ATV.’’

(3) Format. The color scheme, 

typeface and formatting of the label 

shall be consistent with ANSI Z535.4 

(2002). 

(4) Location. This label shall be 

affixed to the fuel tank so it is visible 

in its entirety to the operator when 

seated on the vehicle in the proper 

operating position. If this location is not 

available for a particular ATV, or, if 

affixed at this location the label will not 

meet the durability requirement of 

paragraph (e) of this section, the label 

shall be placed on the front fender 

above the label required by paragraph 

(a) of this section so that it is visible in 

its entirety to the operator. If this 

location is not available for a particular 

ATV, the label shall be placed on the 

vehicle body immediately forward of 

the seat so it is visible in its entirety to 

the operator when seated on the vehicle 

in the proper operating position. 

(c) Passenger warning label. (1) Each 

ATV shall have affixed a passenger 

warning label in English that meets the 

requirements of this section. 

(2) Content. The passenger warning 

label shall display the safety alert 

symbol and the word ‘‘WARNING’’ in 

capital letters. The label shall contain 

the following, or substantially 

equivalent, statements: 

‘‘Passengers can affect ATV balance and 

steering. The resulting loss of control can 

cause SEVERE INJURY or DEATH. 

NEVER ride on this ATV as a passenger.’’

(3) Format. The color scheme, 

typeface and formatting of the label 

shall be consistent with ANSI Z535.4 

(2002). 

(4) Location. This label shall be 

affixed either to a flat surface of the 

vehicle body located to the rear of the 

seat and toward the center of the 

vehicle, or to the rear portion of the 

vehicle seat itself. If neither of these 

locations is available for a particular 

vehicle, the label shall be affixed to the 

left rear fender or the left side of the 

body so as to be easily seen by a 

potential passenger. 

(d) Tire pressure and overload 

warning label(s). (1) Each ATV shall 

have affixed a label or labels in English 

that meet the requirements of this 

section warning against improper air 

pressure in the ATV’s tires and against 

overloading. Manufacturers may affix 

one warning label addressing both 

hazards. 

(2) Content. The label(s) shall contain 

the safety alert symbol and the signal 

word ‘‘WARNING’’ in capital letters. 

Every label warning about improper tire 

pressure shall contain a statement 

indicating the recommended tire 

pressure, either on the label or by 

reference to the owner’s manual and/or 

the tires. Every label warning against 

overloading shall contain a statement 

indicating the maximum weight 

capacity for the ATV model. 

(i) If a manufacturer uses separate tire 

pressure and overloading labels, the 


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label to warn of tire pressure shall 

contain the following, or substantially 

equivalent, statements: 

—‘‘Improper tire pressure can cause loss of 

control. Loss of control can result in severe 

injury or death.’’

(ii) If a manufacturer uses separate tire 

pressure and overloading labels, the 

label to warn of overloading hazards 

shall contain the following, or 

substantially equivalent, statements: 

—‘‘Overloading can cause loss of control. 

Loss of control can result in severe injury or 

death.’’

(iii) If a manufacturer uses one label 

for both tire pressure and overloading 

warnings, the label shall contain the 

following, or substantially equivalent, 

statements: 

‘‘Improper tire pressure or overloading can 

cause loss of control. 

Loss of control can result in severe injury 

or death.’’

(3) Format. The color scheme, 

typeface and formatting of the label 

shall be consistent with ANSI Z535.4 

(2002). 

(4) Location. The label(s) shall be 

affixed to the left rear fender above the 

axle, facing outward in such a position 

that it (they) can be read by the operator 

when mounting the vehicle. 

(e) Label durability requirements. 

Each label required or permitted by this 

section shall meet the standards for 

durability in UL Standard for Safety for 

Marking and Labeling Systems, 

Underwriters Laboratories Standard UL 

969, fourth edition, October 3, 1995. 

(f) Discretionary labels. Hazard labels 

in addition to those specified in 

paragraphs (a) through (d) of this section 

may be affixed to the vehicle provided 

that: 

(1) The discretionary labels are 

consistent with ANSI Z535.4 (2002); 

and 

(2) Discretionary labels shall be 

affixed to ATVs in an appropriate 

location that does not detract from the 

mandatory labels required in paragraphs 

(a) through (d) of this section. 

§ 1410.11 Hangtag requirements. 

(a) Each ATV shall be equipped at the 

point of sale with a hang tag in English 

that, at a minimum, contains: 

(1) The contents of the general 

warning label described in § 1410.10(a); 

(2) The statement—‘‘This hang tag is 

not to be removed before sale’’—; and 

(3) The statement—‘‘Check with your 

dealer to find out about state or local 

laws regarding ATV operation.’’

(b) Each hang tag shall be attached to 

the ATV in such a manner as to be 

conspicuous and removable only with 

deliberate effort. 

(c) Each hang tag shall be at least 4 by 

6 inches. 

1410.12 Age acknowledgment. 

(a) General. Prior to the sales 

transaction, the retailer shall provide 

the purchaser of each ATV with an age 

acknowledgment in the form shown in 

figure 3 of this part. 

(b) Signature. Prior to the sales 

transaction, the retailer shall require 

that the purchaser of the ATV sign the 

age acknowledgment representing that 

the purchaser has read and understood 

the age acknowledgment. 

(c) Copies/retention. The retailer shall 

provide the purchaser of the ATV and 

the manufacturer of the ATV with a 

copy of the signed age acknowledgment. 

The retailer shall retain the signed 

original of the age acknowledgment for 

a minimum of five (5) years after the 

date of the purchase of the ATV to 

which it pertains. The manufacturer 

shall retain the copy of the age 

acknowledgment for a minimum of five 

(5) years after the date of the purchase 

of the ATV to which it pertains. 

§ 1410.13 Instructional/Owner’s manual. 

(a) General. (1) Each ATV shall be 

provided at the point of sale with an 

instructional/owner’s manual that meets 

the requirements of this section. All 

ATVs shall be equipped with a means 

of carrying the manual that protects it 

from destructive elements while 

allowing reasonable access. 

(2) Each manual shall be written in 

English and shall be written and 

designed in a manner reasonably 

calculated to convey information 

regarding safe operation and 

maintenance of the vehicle to persons 

who read such manual. 

(3) Each manual shall be written in 

plain, simple language so as to be 

readily comprehended by the average 

seventh grader, as measured by a 

standard technique for assessing the 

readability of written materials. 

(4) Information in each manual shall 

be presented in a meaningful sequence 

designed to permit readers to 

understand the information presented 

and appreciate its significance. 

(5) Each manual shall be consistent 

with other safety messages required by 

this part, including those contained in 

warning labels, hang tags, and the safety 

video. 

(6) Each manufacturer shall retain a 

copy of the manual for each model until 

five years after the model has ceased to 

be in production. The manufacturer 

shall make the manual available to 

CPSC upon request. 

(b) Contents. Each manual shall 

contain—

(1) A statement on the outside front 

cover that, at a minimum, alerts the 

reader that the manual contains 

important safety information which 

should be read carefully. 

(2) A statement on the outside front 

cover stating that the ATV is intended 

for operators 16 years of age or older. 

(3) Definitions for ‘‘warning’’ and 

‘‘caution’’ that are consistent with, or in 

any event not weaker than, the 

definitions for those terms contained in 

American National Standards Institute 

(ANSI) standard Z535–2002, along with 

an introductory statement alerting the 

reader to the significance of the safety 

alert symbol and the signal words. 

(4) A reminder that the safety alert 

symbol with the word ‘‘WARNING’’

indicates a potential hazard that could 

result in serious injury or death. This 

reminder shall be repeated immediately 

preceding the table of contents, at the 

beginning and end of the section 

describing proper operating procedures, 

on the last page before the outside back 

cover (or on the inside back cover), and 

a total of at least five (5) more times, 

appropriately spaced, within sections 

containing warnings. 

(5) An introductory safety message 

emphasizing the importance of reading 

and understanding the manual prior to 

operation of the ATV, the importance of 

and availability of the instructional 

training required by § 1410.15 of this 

part, and the importance of the age 

recommendation for the particular 

model. This introductory message shall 

contain, at a minimum, the following 

statement: 

‘‘Failure to follow the warnings contained 

in this manual can result in SERIOUS 

INJURY or DEATH’’

(6) An introductory notice stating, at 

a minimum: 

‘‘This ATV is not intended for children. 

Children should only ride youth ATVs that 

are specifically intended for children under 

16 years of age.’’

(7) An introductory safety section 

which, at a minimum, contains the 

following safety messages in the form 

shown: 

‘‘AN ATV IS NOT A TOY AND CAN BE 

HAZARDOUS TO OPERATE. An ATV 

handles differently from other vehicles 

including motorcycles and cars. A collision 

or rollover can occur quickly, even during 

routine maneuvers such as turning and 

driving on hills or over obstacles, if you fail 

to take proper precautions. 

SEVERE INJURY OR DEATH can result if 

you do not follow these instructions: 

1. Read this manual and all labels carefully 

and follow the operating procedures 

described. 

2. Never operate an ATV without proper 

instruction. Take a training course. Contact 


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an authorized ATV dealer to find out about 

the training courses near you. 

3. Never allow a child under 16 to operate 

this ATV, which is not intended for operators 

under 16 years of age. 

4. Never carry a passenger on this ATV. 

5. Never operate an ATV on any paved 

surfaces, including sidewalks, driveways, 

parking lots and streets. 

6. Never operate an ATV on any public 

street, road or highway, even a dirt or gravel 

one. 

7. Never operate an ATV without wearing 

an approved helmet that fits properly. You 

should also wear eye protection (goggles or 

face shield), gloves, boots, long-sleeved shirt 

or jacket, and long pants. 

8. Never consume alcohol or drugs before 

or while operating an ATV. 

9. Never operate at excessive speeds. 

Always go at a speed that is proper for the 

terrain, visibility and operating conditions, 

and your experience. 

10. Never attempt wheelies, jumps, or 

other stunts. 

11. Always inspect your ATV each time 

you use it to make sure it is in safe operating 

condition. Always follow the inspection and 

maintenance procedures and schedules 

described in this manual. 

12. Always keep both hands on the 

handlebars and both feet on the footpegs of 

the ATV during operation. 

13. Always go slowly and be extra careful 

when operating on unfamiliar terrain. 

Always be alert to changing terrain 

conditions when operating the ATV. 

14. Never operate on excessively rough, 

slippery or loose terrain until you have 

learned and practiced the skills necessary to 

control the ATV on such terrain. Always be 

especially cautious on these kinds of terrain. 

15. Always follow proper procedures for 

turning as described in this manual. Practice 

turning at low speeds before attempting to 

turn at faster speeds. Do not turn at excessive 

speed. 

16. Never operate the ATV on hills too 

steep for the ATV or for your abilities. 

Practice on smaller hills before attempting 

larger hills. 

17. Always follow proper procedures for 

climbing hills as described in this manual. 

Check the terrain carefully before you start 

up any hill. Never climb hills with 

excessively slippery or loose surfaces. Shift 

your weight forward. Never open the throttle 

suddenly or make sudden gear changes. 

Never go over the top of any hill at high 

speed. 

18. Always follow proper procedures for 

going down hills and for braking on hills as 

described in this manual. Check the terrain 

carefully before you start down any hill. Shift 

your weight backward. Never go down a hill 

at high speed. Avoid going down a hill at an 

angle that would cause the vehicle to lean 

sharply to one side. Go straight down the hill 

where possible. 

19. Always follow proper procedures for 

crossing the side of a hill as described in this 

manual. Avoid hills with excessively 

slippery or loose surfaces. Shift your weight 

to the uphill side of the ATV. Never attempt 

to turn the ATV around on any hill until you 

have mastered the turning technique 

described in this manual on level ground. 

Avoid crossing the side of a steep hill if 

possible. 

20. Always use proper procedures if you 

stall or roll backwards when climbing a hill. 

To avoid stalling, use proper gear and 

maintain a steady speed when climbing a 

hill. If you stall or roll backwards, follow the 

special procedure for braking described in 

this manual. Dismount on the uphill side or 

to a side if pointed straight uphill. Turn the 

ATV around and remount, following the 

procedure described in this manual. 

21. Always check for obstacles before 

operating in a new area. Never attempt to 

operate over large obstacles, such as large 

rocks or fallen trees. Always follow proper 

procedures when operating over obstacles as 

described in this manual. 

22. Always be careful when skidding or 

sliding. Learn to safely control skidding or 

sliding by practicing at low speeds and on 

level, smooth terrain. On extremely slippery 

surfaces, such as ice, go slowly and be very 

cautious in order to reduce the chance of 

skidding or sliding out of control. 

23. Never operate an ATV in fast flowing 

water or in water deeper than that specified 

in this manual. Remember that wet brakes 

may have reduced stopping ability. Test your 

brakes after leaving water. If necessary, apply 

them several times to let friction dry the 

linings. 

24. Always be sure there are no obstacles 

or people behind you when you operate in 

reverse. When it is safe to proceed in reverse, 

go slowly. 

25. Always use the size and type tires 

specified in this manual. Always maintain 

proper tire pressure as described in this 

manual. 

26. Never modify an ATV through 

improper installation or use of accessories. 

27. Never exceed the stated load capacity 

for an ATV. Cargo should be properly 

distributed and securely attached. Reduce 

speed and follow instructions in the manual 

for carrying cargo or pulling a trailer. Allow 

greater distance for braking. 

FOR MORE INFORMATION ABOUT ATV 

SAFETY, visit the CPSC website at 

www.cpsc.gov or call the Consumer Product 

Safety Commission at 1–800–638–2772, or 

[Insert contact number for manufacturer].’’

(8) An appropriate table of contents 

identifying the major portions of the 

manual. 

(9) Descriptions of the location of 

warning labels on the ATV and an 

introductory statement emphasizing the 

importance of understanding and 

following the labels and the importance 

of keeping the labels on the ATV. The 

introductory statement shall also 

contain instructions on how to obtain a 

replacement label in the event any label 

becomes difficult to read. These 

instructions shall include a toll-free 

telephone number that can be called to 

obtain a replacement label. 

(10) A telephone number or email 

address for the owner of the ATV to 

contact the manufacturer to report safety 

issues and/or seek information on the 

proper, safe operation of the ATV. 

(11) A description of pre-operating 

inspection procedures and a statement 

emphasizing the importance of these 

procedures. 

(12) A description of proper operating 

procedures and of potential hazards 

associated with improper operation of 

the ATV. The section of each manual 

devoted to describing proper operating 

procedures shall include material 

addressing in narrative text form and in 

appropriate detail all of the topics 

addressed in paragraph (b)(7) of this 

section. Such narrative text shall 

identify particular potential hazards 

associated with the types of operation or 

behavior in question, the possible 

consequences of such operation or 

behavior, and shall describe the manner 

in which the vehicle should be properly 

operated to avoid or reduce the risk 

associated with such hazards. Such 

narrative text shall include warning 

statements and corresponding 

illustrations in conformance with the 

requirements of this section and 

§ 1410.10 of this part. The language of 

the narrative sections accompanying 

each warning shall not contradict any 

information contained in the warning 

section and shall be written to draw 

attention to the warning. 

(13) Descriptions of proper 

maintenance, storage, and 

transportation procedures. 

(14) On the outside back cover, the 

contents of the general warning label 

required by § 1410.10(a). 

(c) Where a manual describes a 

potential hazard that is not addressed in 

this section, but which nevertheless 

meets the definition of a potential 

hazard for which a ‘‘warning’’ or 

‘‘caution,’’ as these terms are defined in 

ANSI Standard Z535.4–2002, is 

appropriate, the discussion of that 

potential hazard shall be accompanied 

by a ‘‘warning’’ or ‘‘caution’’ statement 

which conforms to the requirements of 

ANSI Standard Z535.4–2002 and this 

section. 

§ 1410.14 Safety video. 

(a) General. The retailer shall provide 

the purchaser with a safety video at or 

before the completion of the purchase 

transaction. The safety video shall be 

designed to communicate to an 

audience consisting of prospective 

purchasers and users, including 

children between the ages of 9 and 16, 

and their parents. 

(b) Title. The title of the safety video 

shall indicate that the video provides 

safety information concerning ATV 

operation. 


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(c) Content. The safety video shall 

communicate the following: 

(1) The contents of the hang tag 

described in § 1410.11; 

(2) The concept that a person 

operating an ATV should know his or 

her limitations and not attempt to 

perform any maneuver or traverse any 

terrain if performing the maneuver or 

operating on the terrain is beyond that 

person’s capabilities and experience; 

(3) The importance of practicing and 

gradually progressing from basic to 

more complex maneuvers; and 

(4) The importance of keeping alert at 

all times and the concept that even a 

brief distraction can lead to loss of 

control resulting in a severe or fatal 

accident. 

(5) ATV-related death and injury 

statistics both for all riders and for 

children under the age of 16. The video 

may use rolling five-year averages, and 

the statistics only need to be updated if 

there is a statistically significant change 

in either the death or injury statistics. 

Such change shall be noted in the 

subsequent video. 

(d) Dramatization. All dramatizations 

designed to communicate any of the 

concepts set forth in the preceding 

subsection shall be unambiguous. To 

avoid ambiguity and ensure clarity, 

dramatizations shall: 

(1) In the case of dramatizations that 

show an accident occurring, averted, or 

about to occur, the video shall contain 

no intervening events that detract from 

communication of the hazard (for 

example, the presence of an obstacle on 

a paved surface when communicating 

the hazard of operating on a paved 

surface, or a person running in front of 

an ATV when communicating the 

hazard of carrying passengers); and 

(2) In the case of dramatizations that 

show either the conduct, terrain, or 

maneuvers that a person should avoid, 

or the conduct that a person should 

observe, the video shall also 

unequivocally state the relevant safety 

message, either verbally by means of 

lines spoken by a screen character or 

narrator, in written form, or both. 

(e) Format. The safety video shall be 

made available in at least one 

commonly used format, e.g., VHS or 

DVD, and the purchaser shall be given 

the option at no cost of procuring the 

safety video in at least one format other 

than the one originally supplied with 

the ATV at the time of purchase. 

(f) Retention. The manufacturer shall 

retain a copy of the safety video until 

five years after the model to which the 

video applies ceases to be in 

production. The manufacturer shall 

make the video available to CPSC upon 

request. 

1410.15 Instructional training. 

(a) General. The manufacturer shall 

provide to the purchaser at no charge a 

training course for the purchaser and 

each member of the purchaser’s 

immediate family who meets or exceeds 

the minimum age recommendation for 

the ATV in question. The training 

course shall be provided in the form of 

one certificate valid for the purchaser 

and each qualifying member of the 

purchaser’s immediate family 

redeemable at no cost for attendance at 

a training course meeting the 

requirements of this section. 

(b) Form of certificate. Each certificate 

shall identify the VIN or PIN number for 

the ATV to which it pertains and shall 

have no expiration date. In addition the 

certificate shall include a toll-free 

telephone number or other readily 

useable means for the purchaser to 

contact the training organization to 

arrange for training. 

(c) Retailer responsibility. The retailer 

shall provide the certificate(s) to the 

purchaser at the time of purchase and 

shall obtain the purchaser’s signature on 

the training acknowledgment form 

shown in Figure 4 of this part. The 

retailer shall retain the signed original 

of the training availability form and 

shall provide the purchaser and the 

manufacturer of the ATV with a copy. 

(d) Course content. The training 

curriculum shall, at a minimum, 

address the following: 

(1) The risks of ATV-related deaths 

and injuries (risk awareness). 

(2) The role of safety equipment, 

including identifying suitable 

equipment, properly using equipment, 

and understanding why it is used. 

(3) Rider responsibilities, including: 

(i) Why children/youths should not 

ride adult ATVs; 

(ii) Why all ATV users should take a 

hands-on safety training course; 

(iii) Why one should never ride a 

youth ATV or non-tandem adult ATV 

with a passenger or as a passenger; 

(iv) Why one should never drive an 

ATV on paved roads; 

(v) Why one should always wear a 

helmet and other protective gear while 

on an ATV; and 

(vi) Why one should never drive an 

ATV while under the influence of 

alcohol or drugs. 

(4) Identifying displays and controls; 

(5) Recognizing limitations, including 

inclines and rider abilities; 

(6) Evaluating a variety of situations 

to predict proper course of action, 

including terrain obstacles and behavior 

of other riders; 

(7) Demonstrating successful learning 

of riding skills, including: 

(i) Starting and stopping; 

(ii) Negotiating turns, including 

gradual, sharp, and quick turns, 

weaving, and evasive maneuvers; 

(iii) Stopping in a turn; 

(iv) Emergency braking while straight 

and while turning. 

(v) Negotiating full track and partial 

track obstacles. 

(vi) Negotiating hills, including 

ascending, descending, traversing, and 

emergency situations; and 

(vii) Combining skills together in a 

non-predictable manner (i.e. trail ride or 

free riding period with instructor 

supervision and critique). 

(e) Course structure. The course shall 

include classroom, field, and trail 

activities. 

(f) Course duration. The course 

duration shall be sufficient to cover the 

topics noted in this section, allow for 

each student to individually master the 

riding skills addressed in the course at 

the level commensurate with the terrain 

at the location of the course, and allow 

for written and riding skills tests. 

(g) Course accessibility. The course 

shall be provided within a reasonable 

time from the date of purchase of the 

ATV and a reasonable distance from the 

place of purchase of the ATV. 

Subpart D—Requirements for Tandem 

ATVs 

§ 1410.16 Requirements in general for 

tandem ATVs. 

All tandem ATVs shall meet the 

requirements stated in Subpart B and 

Subpart C of this part except as 

specified differently in this subpart D. 

§ 1410.17 Equipment and configuration 

requirements for tandem ATVs. 

(a) Passenger environment. All 

tandem ATVs shall have a passenger 

backrest and handhold which meet the 

following requirements: 

(1) Passenger location and restraint. 

The passenger seating area behind the 

operator area shall be equipped with a 

generally vertical cushioned passenger 

backrest at the back of the seating area 

that shall be capable of withstanding a 

900 N (202 lb.) loading force applied 

horizontally toward the rear at a height 

above the seating area of at least 162 cm 

(8 inches), without failure or permanent 

deformation. 

(2) Passenger handholds. Two 

handholds shall be provided and be 

located on each side of the passenger 

seating area in a symmetrical manner. 

These handholds must be able to 

withstand, without failure or permanent 

deformation, a vertical force of 1000 N 

(224 lb.) applied statically to the center 

of the surface of the handhold. 

Handholds shall allow the passenger to 


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dismount without interference from the 

handholds. 

(b) Operator and Passenger foot 

environment. All two-person ATVs shall 

have a foot support structure covered by 

footboards and distinct foot pegs for the 

operator and the passenger respectively. 

The minimum projected horizontal 

distance between the foot pegs shall be 

230mm (9 inches) as measured on a line 

parallel to the longitudinal axis of the 

vehicle. When normally positioned on 

the foot pegs, the operator and 

passenger foot print must not overlap as 

projected on a horizontal plane and the 

passenger footprint must be contained 

in the projected footboard area. The 

operator and passenger foot 

environment shall meet the 

requirements in § 1410.5(k)(1) through 

(3). See Figures 5 and 6 of this part. 

(c) Mechanical suspension. All 

tandem ATVs shall have mechanical 

suspension for all wheels in addition to 

what is provided by the tires. Each 

wheel shall have a minimum travel of 

102 mm (4 inches). 

(d) Lighting equipment. Tandem 

ATVs that are wider than 1500 mm shall 

have at least two headlights and two tail 

lamps. 

§ 1410.18 Pitch stability requirements for 

tandem ATVs. 

(a) Test conditions. Test conditions 

shall be as follows: 

(1) The ATV shall be in standard 

condition, without accessories. The 

ATV and components shall be 

assembled and adjusted according to the 

manufacturer’s instructions and 

specifications. 

(2) Tires shall be inflated to the 

tandem ATV manufacturer’s highest 

recommended pressure. 

(3) All fluids shall be full (oil, coolant, 

and the like), except that fuel shall be 

not less than three-fourths full. ATV 

shall be unladen, with no rider, 

passenger, cargo, or accessories except 

as noted per the following conditions. 

(4) Steerable wheels shall be held in 

the straight ahead position. 

(5) Adjustable suspension 

components shall be set to the highest 

values recommended by the 

manufacturer. 

(6) A weight of 91 kg ± 3 (200 lb ± 7) 

shall be securely fastened to the 

passenger seat to simulate a passenger. 

The center of gravity of the weight shall 

be 15 cm ± 2 (6 inches ± 1) above the 

passenger supporting surface and 25 cm 

± 2 (10 inches ± 1) forward of the front 

surface of the back rest. The back rest 

shall be adjusted to its most rearward 

position. 

(7) A weight of 91 kg ± 3 (200 lb ± 7) 

shall be securely fastened to the 

operation seat to simulate an operator. 

The center of gravity of the weight shall 

be 15 cm ± 2 (6 inches ± 1) above the 

operator supporting surface and either 

30 cm ± 2 (12 inches ± 1) ahead of the 

passenger center of gravity. 

(8) The area under the tires on the 

table may be covered with 3⁄4′′ No. 1 

diamond shaped steel expanded metal 

grid (or plate) or similar material to 

engage tire tread and prevent tire 

sliding. 

(b) Test procedure. The tandem ATV 

shall be placed on a variable slope 

single-plane tilt table. The steerable 

wheels shall be straight forward. The 

ATV shall be positioned on the tilt table 

with its longitudinal center line 

perpendicular to the tilt axis of the table 

and its rear positioned downhill. The 

table shall be tilted until lift-off of the 

upper wheels(s) occurs. Measure the 

angle at which lift-off of the upper 

wheel(s) occurs. Lift-off shall have 

occurred when a strip of 20-gauge steel 

[approximately 1 mm (.039 inch) thick], 

76 mm (3 inch) minimum width, can be 

pulled from or moved under the second 

uphill tire to lift with a force of 9 N (2 

lb) or less. 

(c) Performance requirements. The 

angle of the tilt table with the tandem 

ATV positioned as described in 9.2.2 

shall reach a minimum of 36 degrees 

(73% slope) before lift-off occurs. 

§ 1410.19 Information requirements for 

tandem ATVs. 

Each tandem ATV shall meet the 

requirements of subpart C of this part, 

with the following exceptions. 

(a) Labeling—(1) General warning 

label. The general warning label 

required by § 1410.10(a) shall omit the 

statement ‘‘NEVER CARRY A 

PASSENGER. You increase your risk of 

losing control if you carry a passenger.’’

(2) Passenger warning label. (i) 

Content. Instead of the warning 

statement specified in § 1410.10(c), the 

passenger warning label shall state 

‘‘NEVER CARRY MORE THAN 1 

PASSENGER’’ in capital letters and 

shall recommend the following hazardavoidance behaviors: 

1. Never carry a passenger less than twelve 

(12) years old or twelve years old or older 

who is too small to firmly plant his/her feet 

on the footrests and to securely grab the 

handles; 

2. Never allow a passenger to sit in a 

location other than the passenger seat; 

3. Never carry a passenger who is not 

securely grasping the grip handles at all 

times. 

(ii) Location. The passenger warning 

label shall be affixed to the front fender 

of each tandem ATV so it is adjacent to 

the general warning label and can be 

easily read by the operator when seated 

on the ATV in the proper operating 

position. 

(b) Hangtags. The hangtag stating the 

contents of the general warning label 

shall meet the requirements of 

§ 1410.11. 

(c) Instructional/owner’s manuals. 

Instead of instructing that operators 

should never carry passengers on ATVs, 

instructional/owner’s manuals shall 

contain the following, or substantially 

equivalent statement: 

‘‘NEVER CARRY MORE THAN ONE 

PASSENGER. This ATV has been designed 

specifically to carry one passenger.’’

Subpart E—Certification/Testing/ 

Recordkeeping 

§ 1410.20 Certification. 

(a) At the location of the VIN or PIN 

number, the following statement shall 

be made: ‘‘The manufacturer certifies 

that this ATV complies with all 

applicable requirements of 16 C.F.R. 

Part 1410.’’

(b) The VIN number or PIN number 

and the compliance statement shall 

meet the durability requirements of UL 

Standard for Safety for Marking and 

Labeling Systems, Underwriters 

Laboratories Standard UL 969, fourth 

edition, October 3, 1995. 

§ 1410.21 Testing. 

Each manufacturer of ATVs subject to 

this part shall perform or cause to be 

performed testing sufficient to 

demonstrate on an objectively 

reasonable basis that each ATV 

produced by that manufacturer meets 

the performance requirements of 

§§ 1410.5 through 1410.9 of this part for 

single rider ATVs and §§ 1410.16 

through 1410.18 of this part for tandem 

ATVs. 

§ 1410.22 Recordkeeping. 

(a) Manufacturer requirements. Each 

manufacturer (the importer is 

considered a manufacturer for purposes 

of this part) of ATVs subject to this part 

shall: 

(1) Maintain records in English 

sufficient to demonstrate on an 

objectively reasonable basis that each 

ATV produced by that manufacturer 

complies with the requirements of this 

part; 

(2) Retain records required by this 

part for a period of at least five (5) years 

after production of the model of ATV to 

which the records pertain ceases; 

(3) Maintain records required by this 

part at a location in the United States; 

and 

(4) Make records required by this part 

available for inspection at the request of 


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a duly authorized representative of the 

U.S. Consumer Product Safety 

Commission. 

(b) Retailer requirements. Each 

retailer of ATVs subject to this part 

shall: 

(1) Maintain the original of each age 

acknowledgment required by § 1410.12 

of this part and each acknowledgment of 

training availability required by 

§ 1410.15 of this part for a period of at 

least five (5) years after the date of 

purchase of the ATV to which the 

acknowledgments pertain; 

(2) Maintain records required by this 

section at a location in the United 

States; and 

(3) Make records required by this 

section available for inspection at the 

request of a properly authorized 

representative of the U.S. Consumer 

Product Safety Commission. 

BILLING CODE 6355–01–P 


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BILLING CODE 6355–01–C 


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PART 1500—HAZARDOUS 

SUBSTANCES AND ARTICLES; 

ADMINISTRATION AND 

ENFORCEMENT REGULATIONS 

3. The authority for part 1500 

continues to read as follows: 

Authority: 15 U.S.C. 1261–1278. 

4. Section 1500.18 is amended to add 

a new paragraph (a)(20) to read as 

follows: 

§ 1500.18 Banned toys and other banned 

articles intended for use by children. 

(a) * * * 

(20)(i) Any three-wheeled youth all 

terrain vehicle, as defined in § 1515.2(a) 

that is manufactured or imported on or 

after [180 days after issuance of final 

rule] and 

(ii) Any youth all terrain vehicle, as 

defined in § 1515.2(a), that is 

manufactured or imported on or after 

[180 days after issuance of final rule] 

and that does not meet the requirements 

of Part 1515. 

(iii) (A) Findings. In order for the 

Commission to issue a rule under 

section 2(q)(1) of the FHSA classifying 

a substance or article as a banned 

hazardous substance, the Commission 

must make certain findings and include 

these findings in the regulation. 15 

U.S.C. 1262(i)(2). These findings are 

discussed in paragraphs (a)(20)(iii)(B) 

through (D) of this section. 

(B) Voluntary standards. The current 

voluntary standard, ANSI/SVIA–1–

2001, specifies requirements for the 

mechanical operation of single rider 

ATVs (both for adult and youth ATVs). 

The major manufacturers appear to 

comply with most provisions of the 

voluntary standard. However, the 

voluntary standard does not contain 

information requirements for such 

things as warning labels, owners 

manuals and training. Thus, compliance 

with the voluntary standard alone 

would not be adequate to eliminate the 

risk of injury. Many ATV incidents 

occur because of the way the ATV is 

used, and the Commission cannot issue 

requirements for how a product should 

be used (e.g., requiring helmets, 

prohibiting children from riding adult 

ATVs). To affect these behaviors the 

Commission must act through 

requirements directing manufacturers 

and retailers to take actions that inform 

consumers of the risks associated with 

ATVs and advise consumers how they 

could reduce these risks. Although the 

major manufacturers have agreed to take 

many of the informational actions 

proposed in the rules through 

agreements with the Commission, these 

are completely voluntary. A company 

could decide to change any of the 

actions it has agreed to at any time. 

Moreover, new market entrants, a 

growing portion of the ATV market, may 

not be following the voluntary standard 

(and they do not have individual 

agreements with the Commission). 

These new entrants now comprise 

approximately 10 percent of the market 

and their share of the market is likely to 

increase. Thus, the Commission finds 

that compliance with the ANSI/SVIA–

1–2001 voluntary standard is not likely 

to eliminate or adequately reduce the 

risk of injury associated with youth 

ATVs, and it is unlikely that there will 

be substantial compliance with the 

voluntary standard. 

(C) Relationship of benefits to costs. 

Because most manufacturers are 

currently taking most of the actions that 

the proposed rules would require, costs 

from the proposed rules are likely to be 

small. The initial potential reduction of 

ATV-related deaths and injuries may 

also be small. However, mandating the 

mechanical and information 

requirements will mean that new 

entrants to the market will have to 

comply with the requirements as well. 

The proposed rule would impose some 

testing and recordkeeping costs. The 

staff estimates these to be about 

$462,000 annually. The Commission 

proposes to establish categories of youth 

ATVs based on maximum speed rather 

than engine size. This should not 

impose additional costs on 

manufacturers because these 

delineations are similar to those already 

in the ANSI/SVIA–1–2001 voluntary 

standard. However, this change could 

lead to a greater variety of youth ATVs 

which could result in more children 

riding youth ATVs rather than larger, 

riskier adult models. Such a shift of 

children to youth ATVs could reduce 

ATV-related deaths and injuries because 

the risk of injury for riders under the age 

of 16 driving adult ATVs is about twice 

the risk of injury of those who are 

driving age-appropriate ATVs. 

Additionally, the proposed change 

could result in more children receiving 

formal training, and this too could 

reduce deaths and injuries. 

(D) Least burdensome requirement. 

The proposed rule is likely to impose 

only a small burden on ATV 

manufacturers and retailers. The 

Commission is essentially mandating 

the current practice that many 

manufacturers are following. 

Nevertheless, the proposed rule is likely 

to reduce the risk of injury associated 

with ATVs because it will enable the 

Commission to directly enforce the 

provisions of the rule and will bring 

new entrants under federal regulation. 

* * * * * 

5. Add part 1515 to Subchapter C to 

read as follows: 

PART 1515—REQUIREMENTS FOR 

YOUTH ALL TERRAIN VEHICLES 

Subpart A—General Requirements 

Sec. 

1515.1 Purpose, scope, effective date. 

1515.2 Definitions. 

1515.3 Requirements in general. 

Subpart B—Requirements for Equipment, 

Configuration and Performance 

1515.4 Equipment and configuration 

requirements. 

1515.5 Maximum speed capability test. 

1515.6 Maximum speed capability 

requirements. 

1515.7 Service brake performance test. 

1515.8 Parking brake performance test. 

1515.9 Pitch stability requirements. 

Subpart C—Requirements for Labeling, 

Point of Sale Information and Instruction 

1515.10 Labeling requirements. 

1515.11 Hangtag requirements. 

1515.12 Age acknowledgment. 

1515.13 Instructional/owner’s manual. 

1515.14 Safety video. 

1515.15 Instructional training. 

Subpart D—Certification/Testing/ 

Recordkeeping 

1515.16 Certification. 

1515.17 Testing. 

1515.18 Recordkeeping. 

Figures 

Figure 1 to Part 1515—Operator Foot 

Environment—Plan View 

Figure 2 to Part 1515—Operator Foot 

Environment—Front View 

Figure 3 to Part 1515—Age Acknowledgment 

Form 

Figure 4 to Part 1515—Training 

Acknowledgment Form 

Authority: 15 U.S.C. 1261, 1262, and 1269. 

Subpart A—General Requirements 

§ 1515.1 Purpose, scope, effective date. 

(a) Purpose. The purpose of the 

standard in this part is to reduce deaths 

and injuries associated with youth all 

terrain vehicles (ATVs) by ensuring that 

all youth ATVs meet certain technical 

requirements and that consumers have 

sufficient safety information about 

operating youth ATVs. 

(b) Scope and effective date. Youth all 

terrain vehicles, as defined in 

§ 1515.2(a), manufactured or imported 

on or after [date 180 days from issuance 

of final rule] are subject to the 

requirements of this part and 16 CFR 

1500.18(a)(20). 

§ 1515.2 Definitions. 

In addition to the definitions in 

section 2 of the Federal Hazardous 


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Substances Act (15 U.S.C. 1261), the 

following definitions apply for purposes 

of this part 1515. 

(a) Youth all terrain vehicle, or youth 

ATV, means a three-or four-wheeled 

motorized vehicle intended for use by 

an operator less than sixteen (16) years 

of age, that travels on low pressure tires, 

has a seat designed to be straddled by 

the operator, has handlebars for 

steering, and is intended for off-road use 

on non-paved surfaces. 

(b) Junior ATV means a youth ATV 

intended for use by an operator of at 

least 6 years of age. 

(c) Pre-teen ATV means a youth ATV 

intended for use by an operator of at 

least 9 years of age. 

(d) Teen ATV means a youth ATV 

intended for use by an operator of at 

least 12 years of age. 

(e) Footrest means a structural 

support for the operator’s foot, can 

include footpegs and footboards. 

(f) Handlebar means a device used for 

steering and rider support and as a place 

to mount hand-operated controls. 

(g) Low pressure tire means a tire 

designed for off-road use on ATVs, and 

having a recommended tire pressure of 

no more than 69 kPa (10 psi). 

(h) Manual fuel shutoff control means 

a device designed to turn the fuel flow 

from the fuel tank on and off. 

(i) Manufacturer means any entity 

that produces youth ATVs. For purposes 

of this part 1515, an importer is a 

manufacturer. 

(j) Mechanical suspension means a 

system which permits vertical motion of 

an ATV wheel relative to the chassis 

and provides spring and damping 

forces. 

(k) Parking brake means a brake 

system which, after actuation, holds one 

or more brakes continuously in an 

applied position without further action. 

(l) PIN means the Product 

Identification Number assigned in 

accordance with Recreation Off-Road 

Vehicle Product Identification 

Numbering System, SAE International 

Consortium Standard, ICS–1000, issued 

2004–9. 

(m) Retailer means, for purposes of 

this part, a person to whom an ATV is 

delivered or sold for purposes of sale or 

distribution by such person to a 

consumer. 

(n) Safety alert symbol means the 

symbol which indicates a potential 

personal injury hazard as defined in 

section 4.10 of ANSI Z535.4–2002, 

American National Standard for 

Product Safety Signs and Labels. 

(o) Service brake means the primary 

brake system used for slowing and 

stopping a vehicle. 

(p) Spark arrester means an exhaust 

system component which limits the size 

of carbon particles expelled from a 

tailpipe. 

(q) Speed limiting device means a 

device intended to limit the maximum 

speed of a vehicle. 

(r) Three-wheeled youth all terrain 

vehicle means a youth all terrain vehicle 

as defined in paragraph (a) of this 

section that has three wheels. 

(s) Throttle control means a control 

which is located on the handlebar and 

is used to control engine power. 

(t) VIN means a Vehicle Identification 

Number assigned as specified in 49 CFR 

Part 565. 

(u) Wheelbase (L) means the 

longitudinal distance between the 

center of the front axle and the center 

of the rear axle. 

(v) Wheel travel means the 

displacement of a reference point on the 

suspension (such as the wheel axle) 

from when the suspension is fully 

extended (no force applied) to when it 

is fully compressed. 

§ 1515.3 Requirements in general. 

(a) Each youth ATV shall be designed 

for use only by a single rider, shall meet 

the equipment, configuration and 

performance requirements specified in 

subpart B of this part, and shall meet the 

requirements for labeling, point of sale 

information, instruction manuals, and 

instructional training specified in 

subpart C of this part. 

(b) Each youth ATV manufacturer 

shall comply with the requirements of 

this part applicable to manufacturers. 

For purposes of this part, an ATV 

importer is an ATV manufacturer. 

(c) Each youth ATV retailer shall 

comply with the requirements of this 

part applicable to such retailers. 

Subpart B—Requirements for 

Equipment, Configuration and 

Performance 

§ 1515.4 Equipment and configuration 

requirements. 

(a) Service brakes. All youth ATVs 

shall have either independentlyoperated front and rear brakes, or front 

and rear brakes that are operated by a 

single control, or both. These brakes 

shall meet the requirements of § 1515.7. 

(1) Independently-operated front 

brakes. Independently-operated front 

brakes shall be operated by a lever 

located on the right side of the 

handlebar and shall be operable without 

removing the hand from the handlebar. 

(2) Independently-operated rear 

brakes. Independently-operated rear 

brakes shall be operated by either a 

pedal which is located near the right 

footrest and operable by the right foot or 

by a lever located on the left side of the 

handlebar and operable without 

removing the hand from the handlebar 

or by both. 

(3) Simultaneously operated front and 

rear brakes. Simultaneously operated 

front and rear brakes shall be operated 

by either a pedal which is located near 

the right footrest and operable by the 

right foot or by a lever located on the 

left side of the handlebar and operable 

without removing the hand from the 

handlebar or by both. 

(b) Parking brake. All youth ATVs 

shall have a parking brake capable of 

holding the youth ATV stationary under 

prescribed conditions. The parking 

brake or parking mechanism shall meet 

the performance requirements of 

§ 1515.8. 

(c) Mechanical suspension. All youth 

ATVs shall have mechanical suspension 

for all wheels. Each wheel shall have a 

minimum wheel travel of 50 mm (2 

inches). Springing and damping 

properties shall be provided by 

components other than the tire. 

(d) Engine stop switch. All youth 

ATVs shall have an engine stop switch 

which is mounted on the left handlebar 

and is operable by the thumb without 

removing the hand from the handlebar. 

(1) Operation. The engine stop switch 

shall not require the operator to hold it 

in the off position to stop the engine. 

(2) Color of device. The switchoperating device shall be orange. 

(e) Throttle control. All youth ATVs 

shall be equipped with a means of 

controlling engine power through a 

throttle control. The throttle control 

shall be located on the right side of the 

handlebar and shall be operable without 

removing the hand from the handlebar. 

The throttle control shall be self-closing 

to an idle position upon release of the 

operator’s hand from the control. 

(f) Automatic transmission. All youth 

ATVs shall be equipped with a 

transmission that effects graduated gear 

ratios, in proper relation to speed and 

torque, without the active participation 

of the operator. It shall not be necessary 

for the operator to engage a clutch or 

choose a gear in order for the vehicle’s 

engine to maintain its optimum speed. 

(g) Drivetrain controls—(1) 

Directional/range controls. Controls for 

selecting forward, neutral, or reverse or 

for selecting overall transmission 

ranges, or for selecting the differential 

drive (2-wheel or 4-wheel) shall have a 

defined shift pattern marked for the 

operator. 

(2) Neutral indicator. All youth ATVs 

with a neutral position shall have either 

a neutral indicator readily visible to the 

operator when seated on the ATV or a 

means to prevent starting of the ATV 

unless the transmission is in the neutral 


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position. The indicator, if provided, 

shall be activated whenever the ignition 

system is on and the transmission is in 

neutral. 

(3) Reverse indicator. All youth ATVs 

with a reverse position shall have a 

reverse indicator readily visible to the 

operator when the operator is seated on 

the ATV. The indicator shall be 

activated whenever the engine is 

running and the transmission is in 

reverse. 

(4) Electric start interlock. An 

interlock shall be provided to prevent 

the youth ATV engine from being 

started by electric cranking unless the 

transmission is disengaged or the brake 

is applied. 

(h) Flag pole bracket. All youth ATVs 

shall have a flag pole bracket at the rear 

of the ATV that provides a rigid 

mounting location for a flag pole having 

a 13 mm (0.5 inch) diameter mounting 

shaft. 

(i) Manual fuel shutoff control. If a 

youth ATV is equipped with a manual 

fuel shutoff control, the device shall be 

operable as prescribed in 49 CFR 

571.123, Table 1. 

(j) Handlebars. The handlebar and its 

mounting shall present no rigid 

materials with an edge radius of less 

than 3.2 mm (0.125 inch) that may be 

contacted by a probe in the form of a 

165 mm (6.5 inch) diameter sphere. The 

probe shall be introduced to the 

handlebar mounting area. It shall not be 

possible to touch any part of any edge 

that has a radius of less than 3.2 mm 

(0.125 inch) with any part of the probe. 

A handlebar crossbar, if provided, shall 

be padded. 

(k) Operator foot environment. All 

youth ATVs shall have a structure or 

other design feature which meets the 

requirements of paragraphs (k)(1) 

through (4) of this section. 

(1) Test procedure. Compliance shall 

be determined by introduction of a 

probe, whose end is a rigid flat plane 

surface 75 mm (3 inches) in diameter, in 

the prescribed direction to the zones as 

described in paragraphs (k)(2) and (3) of 

this section and as shown in Figures 1 

and 2 of this part. 

(i) Inserting probe vertically and 

downward. The probe shall be 

introduced end-first in a vertical and 

downward direction to the zone 

described in paragraph (k)(2) of this 

section and shown by the shaded 

portion of Figure 1. The end of the 

probe in its entirety shall remain within 

the limits of the zone. It shall not 

penetrate the zone sufficiently to touch 

the ground when applied with a force of 

445 N (100 lbf). 

(ii) Inserting probe horizontally and 

rearward. The probe shall be introduced 

end-first in a horizontal and rearward 

direction to the zone described in 

paragraph (k)(3) of this section and 

shown by the shaded portion of Figure 

2. The end of the probe in its entirety 

shall remain within the limits of the 

zone. It shall not penetrate the zone 

sufficiently to touch the rear tire when 

applied with a force of 90 N (20 lbf). 

(2) Boundaries of zone in Figure 1 of 

this Part. The zone shown in Figure 1 

of this part is defined as bounded by: 

(i) The vertical projection of the rear 

edge of the footrest. 

(ii) The vertical plane (line AA) 

parallel to the youth ATV’s longitudinal 

plane of symmetry that passes through 

the inside edge of the footrest. 

(iii) The vertical projection of the 

intersection of a horizontal plane 

passing through the top surface of the 

footrest and the rear fender or other 

structure. 

(iv) The vertical plane passing 

through point D and tangent to the outer 

front surface of the rear tire. 

(A) For footpegs point D is defined as 

the intersection of the lateral projection 

of the rearmost point of the footpeg and 

the longitudinal projection of the 

outermost point of the footpeg. 

(B) For footboards point D is defined 

as the intersection of 2 lines. The first 

is a line perpendicular to the vehicle 

longitudinal plane of symmetry and 

one-third of the distance from the front 

edge of the rear tire to the rear edge of 

the front tire. The second is a line 

parallel to the youth ATV’s longitudinal 

plane of symmetry and one-half the 

distance between the inside edge of the 

footboard and the outside surface of the 

rear tire. 

(3) Boundaries of zone in Figure 2 of 

this Part. The zone shown in Figure 2 

of this part is defined as bounded by: 

(i) The horizontal plane passing 

through the lowest surface of the 

footrest on which the operator’s foot 

(boot) rests (plane F). 

(ii) The vertical plane (line AA) 

parallel to the ATV’s longitudinal plane 

of symmetry that passes through the 

inside edge of the footrest. 

(iii) The horizontal plane 100 mm (4 

inches) above plane F. 

(iv) The vertical plane (line BB) 

parallel to the ATV’s longitudinal plane 

of symmetry and 50 mm (2 inches) 

inboard of the outer surface of the rear 

tire. 

(4) Requirements for ATVs with nonfixed structure. All youth ATVs 

equipped with a non-fixed type (for 

example, foldable, removable or 

retractable) structure intended to meet 

the requirements of this paragraph (k) 

shall be equipped with one or more of 

the following: 

(i) A warning device (for example, a 

buzzer or indicator) to indicate that the 

structure is not in the position needed 

to comply with the requirements of this 

paragraph (k). 

(ii) A device to prevent the ATV from 

being operated under its own power if 

the structure is not in the position 

needed to comply with the requirements 

of this paragraph (k). 

(iii) A structure that can be folded, 

retracted, or removed, such that when 

the structure is folded, retracted, or 

removed, the ATV cannot be operated 

using the footrest in the normal manner. 

(l) Lighting equipment—(1) Required 

equipment. All youth ATVs shall have 

at least one stop lamp. The stop lamp 

shall be illuminated by the actuation of 

any service brake control. Stop lamps 

shall conform to Surface Vehicle 

Standard, Stop Lamps for Use on Motor 

Vehicles Less than 2032 mm in Overall 

Width, SAE J586 MAR00 or Surface 

Vehicle Recommended Practice, 

Snowmobile Stop Lamp, SAE J278 

MAY95. 

(2) Prohibitions on certain lighting. 

No youth ATV may be equipped with a 

projecting headlamp or forward-facing 

day-time running lights. 

(m) Spark arrester. All youth ATVs 

shall have a spark arrester of a type that 

is qualified according to the United 

States Department of Agriculture Forest 

Service Standard for Spark Arresters for 

Internal Combustion Engines, 5100-l c, 

September 1997 or Surface Vehicle 

Recommended Practice, Spark Arrester 

Test Procedure for Medium Size 

Engines, SAE J350 JAN91. 

(n) Tire marking. All youth ATV tires 

shall carry the following markings: 

(1) Inflation pressure. Both tire 

sidewalls shall be marked with the 

operating pressure or the following 

statement, or an equivalent message: 

‘‘SEE VEHICLE LABEL OR OWNER’S 

MANUAL FOR OPERATING 

PRESSURE.’’ The messages required by 

this paragraph shall be in capital letters 

not less than 4 mm (0.156 inch) in 

height. 

(2) Bead seating pressure. Both tire 

sidewalls shall be marked with the 

following statement, or an equivalent 

message: ‘‘Do Not Inflate Beyond **psi 

(**kPa) When Seating Bead.’’

(3) Other markings. Both tire 

sidewalls shall have the following 

information: 

(i) The manufacturer’s name or brand 

name. 

(ii) On one tire sidewall, the threedigit week and year of manufacture in 

the form prescribed at 49 CFR 574.5(d), 

fourth grouping. 

(iii) The size nomenclature of the tire 

(for example, AT 22x10–9*) as 


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standardized by the Tire and Rim 

Association, Inc. or the Japan 

Automobile Tire Manufacturers 

Association, Inc. 

(iv) The word ‘‘tubeless’’ for a 

tubeless tire. 

(v) The phrase ‘‘Not For Highway 

Use’’ or ‘‘Not For Highway Service.’’

(4) Letter sizes. The information 

required by paragraphs (n)(2) and (3) of 

this section shall be in letters or 

numerals no less than 2 mm (.078 inch) 

in height. 

(o) Tire pressure gauge. All youth 

ATVs shall be provided with a tire 

pressure gauge appropriate for the 

recommended operating tire pressure. 

All youth ATVs shall have a means of 

carrying the tire pressure gauge. 

(p) Security. All youth ATVs shall 

have a means to deter unauthorized use. 

(q) Vehicle Identification Number 

(VIN) or Product Identification Number 

(PIN). Each youth ATV shall have 

prominently displayed on the ATV a 

unique VIN assigned by its 

manufacturer in accordance with 49 

CFR part 565 or a unique PIN in 

accordance with Recreation Off-Road 

Vehicle Product Identification 

Numbering System, SAE International 

Consortium Standard, ICS–1000, issued 

2004–9. If the ATV has a VIN number, 

the characters in location 4 and 5 of the 

number shall be ‘‘A’’ and ‘‘T’’, 

respectively. The VIN or PIN label shall 

meet the durability requirements of 

Underwriters Laboratories Standard UL 

969, fourth edition, October 3, 1995. 

(r) Speed limiting devices. All Preteen and Teen ATVs shall be equipped 

with a means of limiting throttle travel 

or other means of limiting the maximum 

speed attainable by the ATV to less than 

the ATV’s maximum speed capability as 

determined using the test procedure of 

§ 1515.5. The speed limiting device may 

be adjustable or removable or both, but 

shall have a means to prevent 

adjustment or removal without the 

simultaneous use of at least two 

different tools. 

§ 1515.5 Maximum speed capability test. 

(a) Test conditions. Test conditions 

shall be as follows: 

(1) ATV test weight shall be the 

unloaded ATV weight plus the vehicle 

load capacity (including test operator 

and instrumentation), with any added 

weight secured to the seat or cargo 

area(s) if so equipped. 

(2) Tires shall be inflated to the 

pressures recommended by the ATV 

manufacturer for the vehicle’s test 

weight. 

(3) The test surface shall be clean, dry, 

smooth and level concrete, or 

equivalent. 

(b) Test procedure. Measure the 

maximum speed capability of the ATV 

using a radar gun or equivalent method. 

The test operator shall accelerate the 

ATV until maximum speed is reached, 

and shall maintain maximum speed for 

at least 30.5 m (100 ft). Speed 

measurement shall be made when the 

ATV has reached a stabilized maximum 

speed. A maximum speed test shall 

consist of a minimum of two 

measurement test runs conducted over 

the same track, one each in opposite 

directions. If more than two 

measurement runs are made there shall 

be an equal number of runs in each 

direction. The maximum speed 

capability of the ATV shall be the 

arithmetic average of the measurements 

made. A reasonable number of 

preliminary runs may be made prior to 

conducting a recorded test. 

§ 1515.6 Maximum speed capability 

requirements. 

(a) Performance requirement for 

Junior ATV. When tested in accordance 

with the procedures of § 1515.5 with 

any removable speed limiting device 

removed and with any adjustable speed 

limiting device adjusted to provide the 

ATV’s maximum speed capability, the 

maximum speed capability of a Junior 

ATV shall not exceed 10 mph. 

(b) Performance requirements for Preteen youth ATV. (1) When tested in 

accordance with the procedures of 

§ 1515.5 with any removable speed 

limiting device removed and with any 

adjustable speed limiting device 

adjusted to provide the ATV’s 

maximum speed capability, the 

maximum speed capability of a Pre-teen 

youth ATV shall not exceed 15 mph. 

(2) When tested in accordance with 

the procedures of § 1515.5 with the 

speed limiting device required by 

§ 1515.4(r) adjusted accordingly, the 

Pre-teen youth ATV shall accelerate to 

a maximum speed that does not exceed 

10 mph. 

(c) Performance requirements for 

Teen ATV. (1) When tested in 

accordance with the procedures of 

§ 1515.5 with any removable speed 

limiting device removed and with any 

adjustable speed limiting device 

adjusted to provide the ATV’s 

maximum speed capability, the 

maximum speed capability of a Teen 

ATV shall not exceed 30 mph. 

(2) When tested in accordance with 

the procedures of § 1515.5 with the 

speed limiting device required by 

§ 1515.4(r) adjusted accordingly, Teen 

ATV shall accelerate to a maximum 

speed that does not exceed 15 mph. 

(d) Maximum speed requirements on 

delivery to consumer. (1) Each Pre-teen 

ATV shall be delivered to the purchaser 

with the speed limiting device required 

by § 1515.4(r) adjusted so that the 

maximum speed of the ATV does not 

exceed 10 mph when tested in 

accordance with § 1515.5. 

(2) Each Teen ATV shall be delivered 

to the purchaser with the speed limiting 

device required by § 1515.4(r) adjusted 

so that the maximum speed of the ATV 

does not exceed 15 mph when tested in 

accordance with § 1515.5. 

§ 1515.7 Service brake performance test. 

(a) Test conditions. Test conditions 

shall be as follows. 

(1) The ATV test weight shall be the 

unloaded vehicle weight plus the 

vehicle load capacity (including test 

operator and instrumentation) with any 

added weight secured to the seat or 

cargo area(s), if equipped. 

(2) Tires shall be inflated to the 

pressures recommended by the ATV 

manufacturer for the vehicle test weight. 

(3) Engine idle speed and ignition 

timing shall be set according to the 

manufacturer’s recommendations. 

(4) Ambient temperature shall be 

between 0 °C (32 °F) and 38 °C (100 °F). 

(5) The test surface shall be clean, dry, 

smooth and level concrete, or 

equivalent. 

(6) Any removable speed limiting 

devices shall be removed and any 

adjustable speed limiting devices shall 

be adjusted to provide the ATV’s 

maximum speed capability. 

(b) Test procedure. The test procedure 

shall be as follows: 

(1) Measure the maximum speed 

capability of the ATV in accordance 

with § 1515.5. Determine the braking 

test speed (V). The braking test speed is 

the speed that is the multiple of 8 km/ 

h (5 mph), which is 6 km/h (4 mph) to 

13 km/h (8 mph) less than the 

maximum speed capability of the ATV. 

(2) Burnish the front and rear brakes 

by making 200 stops from the braking 

test speed. Stops shall be made by 

applying front and rear service brakes 

simultaneously, and braking 

decelerations shall be from 1.96 m/s2 to 

4.90 m/s2 (0.2 g to 0.5 g). 

(3) After burnishing, adjust the brakes 

according to the manufacturer’s 

recommendation. 

(4) Make six stops from the braking 

test speed. Stops shall be made by 

applying the front and rear service 

brakes simultaneously, and braking 

decelerations shall be from 1.96 m/s2 to 

4.90 m/s2 (0.2 g to 0.5 g). 

(5) Make four stops from the braking 

test speed, applying the front and rear 

service brakes. Measure the speed 

immediately before the service brakes 

are applied. Appropriate markers or 


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45952 Federal Register / Vol. 71, No. 154 / Thursday, August 10, 2006 / Proposed Rules 

1 Direct on-board instrumentation may be used to 

acquire any measurement data. 

instrumentation shall be used which 

will accurately indicate the point of 

brake application. Measure the stopping 

distance (S). 

(i) Hand lever brake actuation force 

shall be not less than 22 N (5 lbf) and 

not more than 133 N (30 lbf) and foot 

pedal brake actuation force shall be not 

less than 44 N (10 lbf) and not more 

than 222 N (50 lbf). 

(ii) The point of initial application of 

lever force shall be 25 mm (1.0 in.) from 

the end of the brake lever. The direction 

of lever force application shall be 

perpendicular to the handle grip in the 

plane in which the brake lever rotates. 

The point of application of pedal force 

shall be the center of the foot contact 

pad of the brake pedal, and the direction 

of force application shall be 

perpendicular to the foot contact pad 

and in the plane in which the brake 

pedal rotates. 

(c) Performance requirements—(1) 

Junior and Pre-teen ATVs. For each 

Junior and each Pre-teen ATV, at least 

one of the four stops required by 

paragraph (b)(5) of this section shall 

comply with the relationship: 

S ≤ V/5.28 

Where: 

S = brake stopping distance (m) 

V = braking test speed (km/h) 

S ≤ V 

Where: 

S = brake stopping distance (ft) 

V = braking test speed (mph) 

(2) Teen ATVs. For each Teen ATV, 

at least one of the four stops required by 

paragraph (b)(5) of this section shall 

have an average braking deceleration of 

5.88 m/s2 (0.6 g) or greater. Average 

braking deceleration can be determined 

according to the following formulae 1: 

a = V2/25.92S 

Where: 

a = average deceleration (m/s2) 

S = brake stopping distance (m) 

V = braking test speed (km/h) 

a = [(.033) × V2]/S 

Where: 

a = average deceleration (g) 

S = brake stopping distance (ft) 

V = braking test speed (mph) 

§ 1515.8 Parking brake performance test. 

(a) Test conditions. Test conditions 

shall be as follows: 

(1) ATV test weight shall be the 

unloaded ATV weight plus weight 

secured to the seat or cargo area(s) (if 

equipped), which is equal to the 

manufacturer’s stated vehicle load 

capacity. 

(2) Tires shall be inflated to the 

pressures recommended by the ATV 

manufacturer for the vehicle test weight. 

(3) The test surface shall be clean, dry, 

smooth concrete or equivalent, having a 

30 percent grade. 

(b) Test procedure. The test procedure 

shall be as follows: 

(1) Burnish the service brakes 

according to the procedure specified in 

§ 1515.7(b)(2) if service brakes are used 

as part of the parking brake. 

(2) Adjust the parking brake according 

to the procedure recommended by the 

ATV manufacturer. 

(3) Position the ATV facing downhill 

on the test surface, with the longitudinal 

axis of the ATV in the direction of the 

grade. Apply the parking brake and 

place the transmission in neutral. Leave 

the ATV undisturbed for 5 minutes. 

Repeat the test with the ATV positioned 

facing uphill on the test surface. 

(c) Performance requirements. When 

tested according to the procedure 

specified in paragraph (b) of this 

section, the parking brake shall be 

capable of holding the ATV stationary 

on the test surface, to the limit of 

traction of the tires on the braked 

wheels, for 5 minutes in both uphill and 

downhill directions. 

§ 1515.9 Pitch stability requirements. 

(a) Test conditions. Test conditions 

shall be as follows: 

(1) The ATV shall be in standard 

condition, without accessories. The 

ATV and components shall be 

assembled and adjusted according to the 

manufacturer’s instructions and 

specifications. 

(2) Tires shall be inflated to the ATV 

manufacturer’s recommended settings 

for normal operation. If more than one 

pressure is specified, the highest value 

shall be used. 

(3) All fluids shall be full (oil, coolant, 

and the like), except that fuel shall be 

not less than three-fourths full. ATV 

shall be unladen, with no rider, cargo, 

or accessories. 

(4) Steerable wheels shall be held in 

the straight ahead position. 

(5) Adjustable suspension 

components shall be set to the values 

specified at the point of delivery to the 

dealer. 

(6) Suspension components shall be 

fixed by means of a locking procedure 

such that they remain in the same 

position and displacement as when the 

unladen ATV is on level ground, and in 

the conditions specified in paragraphs 

(a)(1) through (5) of this section. 

(b) Test procedure. The test procedure 

shall be as follows: 

(1) Calculations based on vehicle 

metrics: 

(i) Measure and record the wheelbase 

(L). The measurement of this length 

shall be done with an accuracy of ±5 

mm (±0.2 inch) or ±0.5%, whichever is 

greater. 

(ii) Measure and record the front and 

rear weights, (Wf and Wr, respectively). 

Wf is the sum of the front tire loads; and 

Wr is the sum of the rear tire loads with 

the ATV level and in the condition 

specified in paragraph (a) of this 

section. The measurements of these 

weights shall be done with an accuracy 

of ± 0.5 kg (± 1.1 lb) or ± 0.5%, 

whichever is greater. 

(iii) Using the values obtained in 

paragraphs (b)(1)(i) and (ii) of this 

section, compute and record the 

quantity as follows: L1 = ((Wf/( Wf + Wr)) 

× L. 

(iv) Measure and record the vertical 

height between the rear axle center and 

the ground (Rr). This measurement shall 

be done on level ground, with the ATV 

in the conditions specified in subsection 

(a) of this section, with an accuracy of 

± 3 mm (± 0.1 inch) or ± 1.5%, 

whichever is greater. 

(v) Measure and record the balancing 

angle alpha. The procedure for 

obtaining this value is as follows: with 

the ATV on a level surface, the front of 

the vehicle shall be rotated upward 

about the rear axle without setting the 

rear parking brake or using stops of any 

kind, until the ATV is balanced on the 

rear tires. The balancing angle alpha 

through which the ATV is rotated shall 

be measured and recorded with an 

accuracy of ± 0.5 degrees. If an assembly 

protruding from the rear of the ATV, 

such as a carry bar or trailer hitch or 

hook, interferes with the ground surface, 

so as to not allow a balance to be 

reached, the vehicle shall be placed on 

blocks of sufficient height to eliminate 

the interference. 

(vi) Repeat the measurement in 

paragraph (b)(1)(v) of this section and 

determine if the two individual 

measurements are within 1.0 degree of 

each other. If they are not, repeat the 

measurements two more times and 

compute the average of the four 

individual measurements, and use that 

as the value. 

(2) Tilt table procedure. The ATV 

shall be placed on a variable slope 

single-plane tilt table. The steerable 

wheels shall be straight forward. The 

ATV shall be positioned on the tilt table 

with its longitudinal center line 

perpendicular to the tilt axis of the table 

and its rear positioned downhill. The 

table shall be tilted until lift-off of the 

upper wheel(s) occurs. Measure the 

angle at which lift-off of the upper 

wheel(s) occurs. Lift-off shall have 

occurred when a strip of 20-gauge steel 


rwilkins on PROD1PC61 with PROPOSALS2
Federal Register / Vol. 71, No. 154 / Thursday, August 10, 2006 / Proposed Rules 45953 

[approximately 1 mm (.039 inch) thick], 

76 mm (3 inch) minimum width, can be 

pulled from or moved under the second 

uphill tire to lift with a force of 9 N (2 

lb) or less. 

(c) Performance requirements. (1) 

Computation from vehicle metrics. 

Using the values obtained in paragraphs 

(b)(1)(iii), (b)(1)(iv), and (b)(1)(vi) of this 

section, compute the pitch stability 

coefficient as follows: Kp = (L1 tan 

alpha)/(L1 + Rr tan alpha). 

(2) Computation from tilt table. The 

pitch stability coefficient Kp is the 

tangent of the tilt table angle. 

(3) Requirement. The pitch stability 

coefficient Kp calculated according to 

paragraph (c)(1) or (c)(2) of this section 

shall be at least 1.0. 

Subpart C—Requirements for 

Labeling, Point of Sale Information and 

Instruction 

§ 1515.10 Labeling requirements. 

(a) General warning label. (1) Each 

youth ATV shall have affixed to it a 

general warning label in English that 

meets the requirements of this section. 

(2) Content. The general warning label 

shall display the safety alert symbol and 

the word ‘‘WARNING’’ in capital letters. 

The label shall contain the following, or 

substantially equivalent, statements. 

They may be arranged on the label to 

place the prohibited actions together 

and the required actions together. 

‘‘THIS VEHICLE CAN BE HAZARDOUS 

TO OPERATE. A collision or rollover can 

occur quickly, even during routine 

maneuvers such as turning and driving on 

hills or over obstacles, if you fail to take 

proper precautions.’’

‘‘SEVERE INJURY OR DEATH can result if 

you do not follow these instructions:’’

‘‘BEFORE YOU OPERATE THIS ATV, 

READ THE OWNER′S MANUAL AND ALL 

LABELS.’’

‘‘NEVER OPERATE THIS ATV WITHOUT 

PROPER INSTRUCTION. Beginners should 

complete a training course.’’

‘‘NEVER CARRY A PASSENGER. You 

increase your risk of losing control if you 

carry a passenger.’’

‘‘NEVER OPERATE THIS ATV ON PAVED 

SURFACES. You increase your risk of losing 

control if you operate this ATV on pavement. 

‘‘NEVER OPERATE THIS ATV ON PUBLIC 

ROADS. You can collide with another 

vehicle if you operate this ATV on a public 

road.’’

‘‘ALWAYS WEAR AN APPROVED 

MOTORCYCLE HELMET, eye protection, and 

protective clothing.’’

‘‘NEVER CONSUME ALCOHOL OR 

DRUGS before or while operating this ATV.’’

‘‘NEVER OPERATE THIS ATV AT 

EXCESSIVE SPEEDS. You increase your risk 

of losing control if you operate this ATV at 

speeds too fast for the terrain, visibility 

conditions, or your experience.’’

‘‘NEVER ATTEMPT WHEELIES, JUMPS, 

OR OTHER STUNTS.’’

(3) Format. The color scheme, 

typeface and formatting of the label 

shall be consistent with ANSI Z535.4 

(American National Standard for 

Product Safety Signs and Labels) (2002). 

(4) Location. This label shall be 

affixed to the left front fender so it is 

easily visible in its entirety to the 

operator when seated on the vehicle in 

the proper operating position. If this 

location is not available for a particular 

ATV, the label shall be affixed to the 

right front fender so as to be easily read 

by the operator when seated on the ATV 

in the proper operating position. 

(b) Age recommendation warning 

label. (1) Each youth ATV shall have 

affixed an age recommendation warning 

label in English that meets the 

requirements of this section. 

(2) Content. (i) Label for Junior ATV. 

The age recommendation warning label 

for a Junior ATV shall display the safety 

alert symbol and the word ‘‘WARNING’’

in capital letters. The label shall contain 

a circle with a slash through it and the 

wording ‘‘UNDER 6’’ inside the circle. 

Below the circle, the label shall contain 

the following, or substantially 

equivalent, statements: 

‘‘Operation of this ATV by children under 

the age of 6 increases the risk of severe injury 

or death. 

Adult supervision required for children 

under age 16. 

NEVER let children under age 6 operate 

this ATV.’’

(ii) Label for Pre-teen ATV. The age 

recommendation warning label for a 

Pre-teen ATV shall display the safety 

alert symbol and the word ‘‘WARNING’’

in capital letters. The label shall contain 

a circle with a slash through it and the 

wording ‘‘UNDER 9’’ inside the circle. 

Below the circle, the label shall contain 

the following, or substantially 

equivalent, statements: 

‘‘Operation of this ATV by children under 

the age of 9 increases the risk of severe injury 

or death. 

Adult supervision required for children 

under age 16. 

NEVER let children under age 9 operate 

this ATV.’’

(iii) Label for Teen ATV. The label age 

recommendation warning label for a Teen 

ATV shall display the safety alert symbol and 

the word ‘‘WARNING’’ in capital letters. The 

label shall contain a circle with a slash 

through it and the wording ‘‘UNDER 12’’

inside the circle. Below the circle, the label 

shall contain the following, or substantially 

equivalent, statements: 

‘‘Operation of this ATV by children under 

the age of 12 increases the risk of severe 

injury or death. 

Adult supervision required for children 

under age 16. 

NEVER let children under age 12 operate 

this ATV.’’

(3) Format. The color scheme, 

typeface and formatting of the age 

recommendation label shall be 

consistent with ANSI Z535.4 (2002). 

(4) Location. This label shall be 

affixed to the fuel tank so it is visible 

in its entirety to the operator when 

seated on the vehicle in the proper 

operating position. If this location is not 

available for a particular ATV, or, if 

affixed at this location the label will not 

meet the durability requirement of 

paragraph (f) of this section, the label 

shall be placed on the front fender 

above the label required by paragraph 

(a) of this section so that it is visible in 

its entirety to the operator. If this 

location is not available for a particular 

ATV, the label shall be placed on the 

vehicle body immediately forward of 

the seat so it is visible in its entirety to 

the operator when seated on the vehicle 

in the proper operating position. 

(c) Passenger warning label. (1) Each 

youth ATV shall have affixed a 

passenger warning label in English that 

meets the requirements of this section. 

(2) Content. The passenger warning 

label shall display the safety alert 

symbol and the word ‘‘WARNING’’ in 

capital letters. The label shall contain 

the following, or substantially 

equivalent, statements: 

‘‘Passengers can affect ATV balance and 

steering. The resulting loss of control can 

cause SEVERE INJURY or DEATH. 

NEVER ride as a passenger.’’

(3) Format. The color scheme, 

typeface and formatting of the label 

shall be consistent with ANSI Z535.4 

(2002). 

(4) Location. This label shall be 

affixed either to a flat surface of the 

vehicle body located to the rear of the 

seat and toward the center of the 

vehicle, or to the rear portion of the 

vehicle seat itself. If neither of these 

locations is available for a particular 

vehicle, the label shall be affixed to the 

left rear fender or the left side of the 

body so as to be easily seen by a 

potential passenger. 

(d) Tire pressure and overload 

warning label(s). (1) Each youth ATV 

shall have affixed a label or labels in 

English that meet the requirements of 

this section warning against improper 

air pressure in the ATV’s tires and 

against overloading. Manufacturers may 

affix one warning label addressing both 

hazards. 

(2) Content. The label(s) shall contain 

the safety alert symbol and the signal 

word ‘‘WARNING’’ in capital letters. 

Every label warning about improper tire 

pressure shall contain a statement 

indicating the recommended tire 

pressure, either on the label or by 


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45954 Federal Register / Vol. 71, No. 154 / Thursday, August 10, 2006 / Proposed Rules 

reference to the owner’s manual and/or 

the tires. Every label warning against 

overloading shall contain a statement 

indicating the maximum weight 

capacity for the ATV model. 

(i) If a manufacturer uses separate tire 

pressure and overloading labels, the 

label to warn of tire pressure shall 

contain the following, or substantially 

equivalent, statements: 

—‘‘Improper tire pressure can cause loss of 

control. Loss of control can result in severe 

injury or death.’’

(ii) If a manufacturer uses separate tire 

pressure and overloading labels, the 

label to warn of overloading hazards 

shall contain the following, or 

substantially equivalent, statements: 

—‘‘Overloading can cause loss of control. 

Loss of control can result in severe injury or 

death.’’

(iii) If a manufacturer uses one label 

for both tire pressure and overloading 

warnings, the label shall contain the 

following, or substantially equivalent, 

statements: 

‘‘Improper tire pressure or overloading can 

cause loss of control. Loss of control can 

result in severe injury or death.’’

(3) Format. The color scheme, 

typeface and formatting of the label 

shall be consistent with ANSI Z535.4 

(2002). 

(4) Location. The label(s) shall be 

affixed to the left rear fender above the 

axle, facing outward in such a position 

that it (they) can be read by the operator 

when mounting the vehicle. 

(e) Label durability requirements. 

Each label required or permitted by this 

section shall meet the standards for 

durability of Underwriters Laboratories 

Standard UL 969, fourth edition, 

October 3, 1995. 

(f) Discretionary labels. Labels in 

addition to those specified in 

paragraphs (a) through (d) of this section 

may be affixed to the vehicle provided 

that: 

(1) The discretionary labels are 

consistent with ANSI Z535.4 (2002); 

and 

(2) Discretionary labels shall be 

affixed to ATVs in an appropriate 

location that does not detract from the 

mandatory labels required in paragraphs 

(a) through (d) of this section. 

§ 1515.11 Hangtag requirements. 

(a) Each youth ATV shall be equipped 

at the point of sale with a hang tag that, 

at a minimum, contains in English: 

(1) The contents of the general 

warning label described in § 1515.10(a); 

(2) The statement—‘‘Even though a 

child is of the recommended age to 

operate a particular size ATV, not all 

children have the strength, skills, or 

judgment needed to operate an ATV 

safely, and parents should, therefore, 

supervise their child’s operation of the 

ATV at all times’’—; 

(3) The statement—‘‘This hang tag is 

not to be removed before sale’’—; and 

(4) The statement—‘‘Check with your 

dealer to find out about state or local 

laws regarding ATV operation.’’

(b) Each hang tag shall be attached to 

the ATV in such a manner as to be 

conspicuous and removable only with 

deliberate effort. 

(c) Each hang tag shall be at least 4 by 

6 inches. 

1515.12 Age acknowledgment. 

(a) General. The retailer shall provide 

the purchaser of each youth ATV with 

an age acknowledgment in the form 

shown in figure 3. 

(b) Signature. Prior to the sales 

transaction, the retailer shall require 

that the purchaser of the ATV sign the 

age acknowledgment representing that 

the purchaser has read and understood 

the age acknowledgment. 

(c) Copies/retention. The retailer shall 

provide the purchaser of the ATV and 

the manufacturer of the ATV with a 

copy of the signed age acknowledgment. 

The retailer shall retain the signed 

original of the age acknowledgment for 

a minimum of five (5) years after the 

date of the purchase of the ATV to 

which it pertains. The manufacturer 

shall retain the copy of the age 

acknowledgment for a minimum of five 

(5) years after the date of the purchase 

of the ATV to which it pertains. 

1515.13 Instructional/owner’s manual. 

(a) General. (1) All youth ATVs shall 

be delivered to the purchaser with an 

instructional/owner’s manual that meets 

the requirements of this section. All 

youth ATVs shall be equipped with a 

means of carrying the manual that 

protects it from destructive elements 

while allowing reasonable access. 

(2) Each manual shall be in English 

and shall be written and designed in a 

manner reasonably calculated to convey 

information regarding safe operation 

and maintenance of the vehicle by 

persons who read such manual. 

(3) Each manual shall be written in 

plain, simple language so as to be 

readily comprehended by the average 

seventh grader, as measured by a 

standard technique for assessing the 

readability of written materials. 

(4) Information in each manual shall 

be presented in a meaningful sequence 

designed to permit readers to 

understand the information presented 

and appreciate its significance. 

(5) Each manual shall be consistent 

with other safety messages required by 

this part, including those contained in 

warning labels, hang tags, and the safety 

video. 

(6) Each manufacturer shall retain a 

copy of the manual for each model until 

five years after the model has ceased to 

be in production. The manufacturer 

shall make the manual available to 

CPSC upon request. 

(b) Contents. Each manual shall 

contain—

(1) A statement on the outside front 

cover that, at a minimum, alerts the 

reader that the manual contains 

important safety information which 

should be read carefully. 

(2) A statement on the outside front 

cover stating the age recommendation 

for the particular ATV model in 

question. 

(3) Definitions for ‘‘warning’’ and 

‘‘caution’’ that are consistent with, or in 

any event not weaker than, the 

definitions for those terms contained in 

American National Standards Institute 

(ANSI) standard Z535–2002 along with 

an introductory statement alerting the 

reader to the significance of the safety 

alert symbol and the signal words. 

(4) A reminder that the safety alert 

symbol with the word ‘‘WARNING’’

indicates a potential hazard that could 

result in serious injury or death. This 

reminder shall be repeated immediately 

preceding the table of contents, at the 

beginning and end of the section 

describing proper operating procedures, 

on the last page before the outside back 

cover (or on the inside back cover), and 

a total of at least five (5) more times, 

appropriately spaced, within sections 

containing warnings. 

(5) An introductory safety message 

emphasizing the importance of reading 

and understanding the manual prior to 

operation of the ATV, the importance of 

and availability of the instructional 

training required by § 1515.15, and the 

importance of the age recommendation 

for the particular model. This 

introductory message shall contain, at a 

minimum, the following statement: 

Failure to follow the warnings contained in 

this manual can result in SERIOUS INJURY 

or DEATH 

(6) An introductory notice to parents 

emphasizing that an ATV is not a ‘‘toy,’’

the importance of children completing 

the instructional training required by 

§ 1515.15 of this part, and the 

importance of children understanding 

and following the instructions and 

warnings contained in the manual. This 

introductory statement shall also 

contain, at a minimum, the following 

statement: 

Children differ in skills, physical abilities, 

and judgment. Some children may not be 


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able to operate an ATV safely. Parents should 

supervise their children’s use of the ATV at 

all times. 

(7) An introductory safety section 

which, at a minimum, contains the 

following safety messages in the form 

shown: 

AN ATV IS NOT A TOY AND CAN BE 

HAZARDOUS TO OPERATE. An ATV 

handles differently from other vehicles 

including motorcycles and cars. A collision 

or rollover can occur quickly, even during 

routine maneuvers such as turning and 

driving on hills or over obstacles, if you fail 

to take proper precautions. 

SEVERE INJURY OR DEATH can result if 

you do not follow these instructions: 

1. Read this manual and all labels carefully 

and follow the operating procedures 

described. 

2. Never operate an ATV without proper 

instruction. Take a training course. Contact 

an authorized ATV dealer to find out about 

the training courses near you. 

3. Always follow the age recommendations 

for this ATV. 

4. Never allow a child under 16 to operate 

an ATV without adult supervision, and never 

allow continued use of an ATV by a child if 

he or she does not have the abilities to 

operate it safely. 

5. Never carry a passenger on an ATV, 

unless it is a two-person ATV. 

6. Never operate an ATV on any paved 

surfaces, including sidewalks, driveways, 

parking lots and streets. 

7. Never operate an ATV on any public 

street, road or highway, even a dirt or gravel 

one. 

8. Never operate an ATV without wearing 

an approved helmet that fits properly. You 

should also wear eye protection (goggles or 

face shield), gloves, boots, long-sleeved shirt 

or jacket, and long pants. 

9. Never consume alcohol or drugs before 

or while operating an ATV. 

10. Never operate at excessive speeds. 

Always go at a speed that is proper for the 

terrain, visibility and operating conditions, 

and your experience. 

11. Never attempt wheelies, jumps, or 

other stunts. 

12. Always inspect your ATV each time 

you use it to make sure it is in safe operating 

condition. Always follow the inspection and 

maintenance procedures and schedules 

described in this manual. 

13. Always keep both hands on the 

handlebars and both feet on the footpegs of 

the ATV during operation. 

14. Always go slowly and be extra careful 

when operating on unfamiliar terrain. 

Always be alert to changing terrain 

conditions when operating the ATV. 

15. Never operate on excessively rough, 

slippery or loose terrain until you have 

learned and practiced the skills necessary to 

control the ATV on such terrain. Always be 

especially cautious on these kinds of terrain. 

16. Always follow proper procedures for 

turning as described in this manual. Practice 

turning at low speeds before attempting to 

turn at faster speeds. Do not turn at excessive 

speed. 

17. Never operate the ATV on hills too 

steep for the ATV or for your abilities. 

Practice on smaller hills before attempting 

larger hills. 

18. Always follow proper procedures for 

climbing hills as described in this manual. 

Check the terrain carefully before you start 

up any hill. Never climb hills with 

excessively slippery or loose surfaces. Shift 

your weight forward. Never open the throttle 

suddenly or make sudden gear changes. 

Never go over the top of any hill at high 

speed. 

19. Always follow proper procedures for 

going down hills and for braking on hills as 

described in this manual. Check the terrain 

carefully before you start down any hill. Shift 

your weight backward. Never go down a hill 

at high speed. Avoid going down a hill at an 

angle that would cause the vehicle to lean 

sharply to one side. Go straight down the hill 

where possible. 

20. Always follow proper procedures for 

crossing the side of a hill as described in this 

manual. Avoid hills with excessively 

slippery or loose surfaces. Shift your weight 

to the uphill side of the ATV. Never attempt 

to turn the ATV around on any hill until you 

have mastered the turning technique 

described in this manual on level ground. 

Avoid crossing the side of a steep hill if 

possible. 

21. Always use proper procedures if you 

stall or roll backwards when climbing a hill. 

To avoid stalling, use proper gear and 

maintain a steady speed when climbing a 

hill. If you stall or roll backwards, follow the 

special procedure for braking described in 

this manual. Dismount on the uphill side or 

to a side if pointed straight uphill. Turn the 

ATV around and remount, following the 

procedure described in this manual. 

22. Always check for obstacles before 

operating in a new area. Never attempt to 

operate over large obstacles, such as large 

rocks or fallen trees. Always follow proper 

procedures when operating over obstacles as 

described in this manual. 

23. Always be careful when skidding or 

sliding. Learn to safely control skidding or 

sliding by practicing at low speeds and on 

level, smooth terrain. On extremely slippery 

surfaces, such as ice, go slowly and be very 

cautious in order to reduce the chance of 

skidding or sliding out of control. 

24. Never operate an ATV in fast flowing 

water or in water deeper than that specified 

in this manual. Remember that wet brakes 

may have reduced stopping ability. Test your 

brakes after leaving water. If necessary, apply 

them several times to let friction dry the 

linings. 

25. Always be sure there are no obstacles 

or people behind you when you operate in 

reverse. When it is safe to proceed in reverse, 

go slowly. 

26. Always use the size and type tires 

specified in this manual. Always maintain 

proper tire pressure as described in this 

manual. 

27. Never modify an ATV through 

improper installation or use of accessories. 

28. Never exceed the stated load capacity 

for an ATV. Cargo should be properly 

distributed and securely attached. Reduce 

speed and follow instructions in the manual 

for carrying cargo or pulling a trailer. Allow 

greater distance for braking. 

FOR MORE INFORMATION ABOUT ATV 

SAFETY, visit the CPSC website at 

www.cpsc.gov or call the Consumer Product 

Safety Commission at 1–800–638–2772, or 

[insert contact number for manufacturer].’’

(8) An appropriate table of contents 

identifying the major portions of the 

manual. 

(9) Descriptions of the location of 

warning labels on the ATV and an 

introductory statement emphasizing the 

importance of understanding and 

following the labels and the importance 

of keeping the labels on the ATV. The 

introductory statement shall also 

contain instructions on how to obtain a 

replacement label in the event any label 

becomes difficult to read. These 

instructions shall include a toll-free 

telephone number that can be called to 

obtain a replacement label. 

(10) A toll-free telephone number, or 

other no cost means, for the owner of 

the ATV to contact the manufacturer to 

report safety issues and/or seek 

information on the proper, safe 

operation of the ATV. 

(11) A description of pre-operating 

inspection procedures and a statement 

emphasizing the importance of these 

procedures. 

(12) A description of proper operating 

procedures and of potential hazards 

associated with improper operation of 

the ATV. The section of each manual 

devoted to describing proper operating 

procedures shall include material 

addressing in narrative text form and in 

appropriate detail all of the topics 

addressed in paragraph (b)(7) of this 

section. Such narrative text shall 

identify particular potential hazards 

associated with the types of operation or 

behavior in question, the possible 

consequences of such operation or 

behavior, and shall describe the manner 

in which the vehicle should be properly 

operated to avoid or reduce the risk 

associated with such hazards. Such 

narrative text shall include warning 

statements and corresponding 

illustrations in conformance with the 

requirements of this section. The 

language of the narrative sections 

accompanying each warning shall not 

contradict any information contained in 

the warning section and shall be written 

to draw attention to the warning. 

(13) Descriptions of proper 

maintenance, storage, and 

transportation procedures. 

(14) On the outside back cover, the 

contents of the general warning label 

required by § 1515.10(a). 

§ 1515.14 Safety video. 

(a) General. The retailer shall provide 

the purchaser with a safety video at or 

before the completion of the purchase 


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transaction. The safety video shall be 

designed to communicate to an 

audience consisting of prospective 

purchasers and users, including 

children between the ages of 9 and 16, 

and their parents. 

(b) Title. The title of the safety video 

shall indicate that the video provides 

safety information concerning ATV 

operation. 

(c) Content. The safety video shall 

communicate the following: 

(1) The contents of the hang tag 

described in § 1515.11; 

(2) The concept that a person 

operating an ATV should know his or 

her limitations and not attempt to 

perform any maneuver or traverse any 

terrain if performing the maneuver or 

operating on the terrain is beyond that 

person’s capabilities and experience; 

(3) The importance of practicing and 

gradually progressing from basic to 

more complex maneuvers; and 

(4) The importance of keeping alert at 

all times and the concept that even a 

brief distraction can lead to loss of 

control resulting in a severe or fatal 

accident. 

(5) ATV-related death and injury 

statistics both for all riders and for 

children under the age of 16. The video 

may use rolling five-year averages, and 

the statistics only need to be up-dated 

if there is a statistically significant 

change in either the death or injury 

statistics. Such change shall be noted in 

the subsequent video. 

(d) Dramatization. All dramatizations 

designed to communicate any of the 

concepts set forth in the preceding 

subsection shall be unambiguous. To 

avoid ambiguity and ensure clarity, 

dramatizations shall: 

(1) In the case of dramatizations that 

show an accident occurring, averted, or 

about to occur, the video shall contain 

no intervening events that detract from 

communication of the hazard (for 

example, the presence of an obstacle on 

a paved surface when communicating 

the hazard of operating on a paved 

surface, or a person running in front of 

an ATV when communicating the 

hazard of carrying passengers on a 

youth ATV or a single rider adult ATV); 

and 

(2) in the case of dramatizations that 

show either the conduct, terrain, or 

maneuvers that a person should avoid, 

or the conduct that a person should 

observe, the video shall also 

unequivocally state the relevant safety 

message, either verbally by means of 

lines spoken by a screen character or 

narrator, in written form, or both. 

(e) Format. The safety video shall be 

made available in at least one 

commonly used format, e.g., VHS or 

DVD, and the purchaser shall be given 

the option at no cost of procuring the 

safety video in at least one format other 

than the one originally supplied with 

the ATV at the time of purchase. 

(f) Retention. The manufacturer shall 

retain a copy of the safety video until 

five years after the model to which 

applies ceases to be in production. The 

manufacturer shall make the video 

available to CPSC upon request. 

1515.15 Instructional training. 

(a) General. The manufacturer shall 

provide to the purchaser at no charge a 

training course for the purchaser and 

each member of the purchaser’s 

immediate family who meets or exceeds 

the minimum age recommendation for 

the ATV in question. The training 

course shall be provided in the form of 

one certificate valid for the purchaser 

and each qualifying member of the 

purchaser’s immediate family 

redeemable at no cost for attendance at 

a training course meeting the 

requirements of this section. 

(b) Form of certificate. Each certificate 

shall identify the VIN or PIN number 

and category of ATV (i.e. Junior, Preteen, or Teen) to which it pertains and 

shall have no expiration date. In 

addition the certificate shall include a 

toll-free telephone number or other 

readily useable means for the purchaser 

to contact the training organization to 

arrange for training. 

(c) Retailer responsibility. The retailer 

shall provide the certificate to the 

purchaser at the time of purchase and 

shall obtain the purchaser’s signature on 

the training availability form shown in 

Figure 4 of this part. The retailer shall 

retain the signed original of the training 

availability form and shall provide the 

purchaser and the manufacturer of the 

ATV with a copy. 

(d) Course content. The training 

curriculum shall, at a minimum, 

address the following: 

(1) The risks of ATV-related deaths 

and injuries (risk awareness). 

(2) The role of safety equipment, 

including identifying suitable 

equipment, properly using equipment, 

and understanding why it is used. 

(3) Rider responsibilities, including: 

(i) Why children/youths should not 

ride adult ATVs; 

(ii) Why all ATV users should take a 

hands-on safety training course; 

(iii) Why one should never ride a 

youth ATV or non-tandem adult ATV 

with a passenger or as a passenger; 

(iv) Why one should never drive an 

ATV on paved roads; 

(v) Why one should always wear a 

helmet and other protective gear while 

on an ATV; and 

(vi) Why one should never drive an 

ATV while under the influence of 

alcohol or drugs. 

(4) Identifying displays and controls; 

(5) Recognizing limitations, including 

inclines and rider abilities; 

(6) Evaluating a variety of situations 

to predict proper course of action, 

including terrain obstacles and behavior 

of other riders; 

(7) Demonstrating successful learning 

of riding skills, including: 

(i) Starting and stopping; 

(ii) negotiating turns, including 

gradual, sharp, and quick turns, 

weaving, and evasive maneuvers; 

(iii) Stopping in a turn; 

(iv) Emergency braking while straight 

and while turning. 

(v) Negotiating full track and partial 

track obstacles. 

(vi) Negotiating hills, including 

ascending, descending, traversing, and 

emergency situations; and 

(vii) Combining skills together in a 

non-predictable manner (i.e. trail ride or 

free riding period with instructor 

supervision and critique). 

(e) Course structure. The course shall 

include classroom, field, and trail 

activities. 

(f) Course duration. The course 

duration shall be sufficient to cover the 

topics noted in this section and allow 

for each student to individually master 

the riding skills addressed in the course 

at the level commensurate with the 

terrain at the location of the course, and 

allow for written and riding skills tests. 

(g) Course accessibility. The course 

shall be provided within a reasonable 

time from the date of purchase of the 

ATV and a reasonable distance from the 

place of purchase of the ATV. 

Subpart D—Certification/Testing/ 

Recordkeeping 

§ 1515.16 Certification. 

(a) At the location of the VIN or PIN 

number, the following statement shall 

be made: ‘‘The manufacturer certifies 

that this ATV complies with all 

applicable requirements of 16 CFR part 

1515.’’

(b) The VIN or PIN number and 

compliance statement shall meet the 

durability requirements of Underwriters 

Laboratories Standard UL 969, fourth 

edition, October 3, 1995. 

§ 1515.17 Testing. 

Each manufacturer of ATVs subject to 

this part shall perform or cause to be 

performed testing sufficient to 

demonstrate on an objectively 

reasonable basis that each ATV 

produced by that manufacturer meets 

the performance requirements of 

§§ 1515.4 through 1515.9. 


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§ 1515.18 Recordkeeping. 

(a) Manufacturer requirements. Each 

manufacturer (the importer is 

considered a manufacturer for purposes 

of this part) of ATVs subject to this part 

shall: 

(1) Maintain records in English 

sufficient to demonstrate that each ATV 

produced by that manufacturer 

complies with the requirements of this 

part; 

(2) Unless otherwise specified, retain 

records required by this part for a period 

of at least five (5) years after production 

of the model of ATV to which the 

records pertain ceases; 

(3) Maintain records required by this 

part at a location in the United States; 

and 

(4) Make records required by this part 

available for inspection at the request of 

a duly authorized representative of the 

U.S. Consumer Product Safety 

Commission. 

(b) Retailer requirements. Each 

retailer of ATVs subject to this part 

shall: 

(1) Maintain the original of each age 

acknowledgment required by § 1515.12 

and each acknowledgment of training 

availability required by § 1515.15 for a 

period of at least five (5) years after the 

date of purchase of the ATV to which 

the acknowledgments pertain; 

(2) Maintain records required by this 

section at a location in the United 

States; and 

(3) Make records required by this 

section available for inspection at the 

request of a properly authorized 

representative of the U.S. Consumer 

Product Safety Commission. 

BILLING CODE 6355–01–P 


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BILLING CODE 6355–01–C 


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45962 Federal Register / Vol. 71, No. 154 / Thursday, August 10, 2006 / Proposed Rules 

Dated: August 1, 2006. 

Todd Stevenson, 

Secretary, Consumer Product Safety 

Commission. 

[NOTE: The following appendix will not 

appear in the Code of Federal Regulations] 

List of Relevant Documents 

1. Briefing memorandum from Elizabeth 

Leland, Project Manager, Directorate for 

Economic Analysis, to the Commission, ‘‘AllTerrain Vehicles: CPSC Staff Proposals for 

Consideration’’ May 31, 2006. 

2. Memorandum from Elizabeth W. Leland, 

Economic Analysis, CPSC, to Jacqueline 

Elder, Assistant Executive Director for 

Hazard Identification and Reduction, 

‘‘October 14, 2005, All-Terrain Vehicle (ATV) 

Advance Notice of Proposed Rulemaking 

(ANPR): CPSC Staff Response to Comments,’’

May 23, 2006. 

3. Report from Robin L. Ingle, Directorate 

for Epidemiology, Division of Hazard 

Analysis, CPSC, ‘‘2004 Annual Report of 

ATV Deaths and Injuries,’’ September 2005. 

4. Memorandum from Terrance R. Karels, 

Directorate for Economic Analysis, CPSC, to 

Elizabeth W. Leland, EC, Project Manager, 

ATVs, ‘‘Current Market Conditions—ATVs’’, 

May 23, 2006. 

5. Memorandum from Caroleene Paul, 

Division of Mechanical Engineering, 

Directorate for Engineering Sciences, CPSC, 

to Elizabeth Leland, Project Manager, ATV 

Safety Review Team, ‘‘Draft Proposed 

Requirements for All-Terrain Vehicles 

(ATVs),’’ May 23, 2006. 

6. Memorandum from Hope E. Johnson, 

Engineering Psychologist, Division of Human 

Factors, Directorate for Engineering Sciences, 

CPSC, to Elizabeth Leland, Project Manager 

ATV Team, ‘‘ATV Age Guidelines,’’ May 23, 

2006. 

7. Memorandum from Sarah B. Brown, 

Engineering Psychologist, Division of Human 

Factors, Directorate for Engineering Sciences, 

CPSC, to Elizabeth Leland, Project Manager, 

ATV Project, ‘‘ATV Lighting,’’ May 22, 2006. 

8. Report from Robert Franklin, Directorate 

for Economic Analysis, CPSC, ‘‘All Terrain 

Vehicle Mandatory Standard: Preliminary 

Regulatory Analysis’’, May 2006. 

9. Report from Robert Franklin, Directorate 

for Economic Analysis, CPSC, ‘‘All Terrain 

Vehicles: Initial Regulatory Flexibility 

Analysis,’’ May 2006. 

10. Memorandum from Timothy P. Smith, 

Engineering Psychologist, Division of Human 

Factors, Directorate for Engineering Sciences, 

CPSC, ‘‘Minimum requirements for ATV 

hang tags, product labels, and manual 

warnings,’’ May 23, 2006. 

11. Memorandum from Timothy P. Smith, 

Engineering Psychologist, Division of Human 

Factors, Directorate for Engineering Sciences, 

CPSC, ‘‘Recommended disclosure statement 

for adult-ATV purchasers,’’ May 23, 2006. 

12. Memorandum from Hope E. Johnson, 

Engineering Psychologist, Division of Human 

Factors, Directorate for Engineering Sciences, 

‘‘ATV Training,’’ May 17, 2006. 

13. Memorandum from Robin L. Ingle, 

Health Statistician, Hazard Analysis 

Division, Directorate for Epidemiology, 

CPSC, ‘‘Explanation of Trained ATV Rider 

Risk Statement,’’ April 11, 2006. 

14. Memorandum from Tanya Topka, 

Compliance Officer, Recalls and Compliance 

Division, CPSC Office of Compliance, 

‘‘Three-Wheeled All-Terrain Vehicles,’’ May 

22, 2006. 

[FR Doc. 06–6703 Filed 8–9–06; 8:45 am] 

BILLING CODE 6355–01–P 


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