II 

109TH CONGRESS 

1ST SESSION S. 2069 

To improve the safety of all-terrain vehicles in the United States, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 18, 2005 

Mr. COLEMAN (for himself, Mr. DAYTON, and Mr. DEWINE) introduced the 

following bill; which was read twice and referred to the Committee on 

Commerce, Science, and Transportation 

A BILL 

To improve the safety of all-terrain vehicles in the United 

States, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘ATV Safety Act of 

5 2005’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) ATV.—The term ‘‘ATV’’ means any motor9 ized, off-highway, all-terrain vehicle designed to trav10 el on 4 wheels, having a seat designed to be strad-
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1 dled by the operator and handlebars for steering 

2 control and does not include a prototype of a motor3 ized, off-highway, all-terrain vehicle or other motor4 ized, off-highway, all-terrain vehicle that is intended 

5 exclusively for research and development purposes. 

6 (2) COMMISSION, DISTRIBUTION IN COMMERCE, 

7 DISTRIBUTOR, TO DISTRIBUTE IN COMMERCE, MANU8 FACTURER, UNITED STATES.—The terms ‘‘Commis9 sion’’, ‘‘distribution in commerce’’, ‘‘distributor’’, ‘‘to 

10 distribute in Commerce’’, ‘‘manufacturer’’ and 

11 ‘‘United States’’ have the meaning given those terms 

12 in section 3(a) of the Consumer Product Safety Act 

13 (15 U.S.C. 2052(a)). 

14 SEC. 3. ALL-TERRAIN VEHICLES. 

15 (a) IN GENERAL.—Notwithstanding any other provi16 sion of law, until the date that a mandatory rule applicable 

17 to ATVs promulgated by the Consumer Product Safety 

18 Commission takes effect, it is unlawful for any manufac19 turer or distributor to distribute in commerce in the 

20 United States any new assembled or unassembled ATV 

21 unless— 

22 (1)(A) with respect to an ATV designed for use 

23 by a single operator only, such ATV complies with 

24 each applicable provision of— 
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1 (i) the American National Standard for 

2 Four Wheel All-Terrain Vehicles—Equipment 

3 Configuration, and Performance Requirements 

4 developed by the Specialty Vehicle Institute of 

5 America (American National Standard ANSI/ 

6 SVIA–1–2001); 

7 (ii) a revision to such Standard; or 

8 (iii) an alternative standard that may be 

9 accepted by the Commission; or 

10 (B) with respect to an ATV designed for use by 

11 an operator and one or more passengers, such ATV 

12 complies with each applicable provision of— 

13 (i) any future American National Standard 

14 developed for such vehicles; 

15 (ii) a revision to such Standard; or 

16 (iii) an alternative standard that may be 

17 accepted by the Commission; 

18 (2) with respect to an ATV, it is subject to or 

19 covered by a letter of undertaking or an ATV action 

20 plan that is filed with the Commission and that— 

21 (A) applies to such ATV; 

22 (B) includes actions to promote ATV safe23 ty that are substantially similar to such actions 

24 described in the action plans set out under the 

25 heading ‘‘All-Terrain Vehicles; Comment Re-
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1 quest—Proposed Resolution’’ in 63 Federal 

2 Register 48199 through 48204 or otherwise ap3 proved by the Commission; and 

4 (C) is substantially implemented at the 

5 time of the distribution in commerce of such 

6 ATV; and 

7 (3) such ATV bears a permanent label certi8 fying that it complies with the provisions of para9 graphs (1) and (2). 

10 (b) VIOLATION OF CPSA.—Any violation of sub11 section (a) shall be deemed to be a failure to comply with 

12 a consumer product safety rule under the Consumer Prod13 uct Safety Act (15 U.S.C. 2051 et seq.), and subject to 

14 all of the penalties and remedies available under such Act. 

15 (c) NOTIFICATION.—After the date of the enactment 

16 of this Act, the Commission shall promptly seek to inform 

17 all manufacturers of ATVs that are presently being dis18 tributed in commerce in the United States of the terms 

19 of this Act. 

20 SEC. 4. EFFECTIVE DATE. 

21 This Act shall take effect 90 days after the enactment 

22 of this Act. 

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