II 

110TH CONGRESS 

1ST SESSION S. 1815 

To assure compliance with basic standards for all-terrain vehicles in the 

United States, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 18 (legislative day, JULY 17), 2007 

Mr. STEVENS introduced the following bill; which was read twice and referred 

to the Committee on Commerce, Science, and Transportation 

A BILL 

To assure compliance with basic standards for 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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘All-Terrain Vehicle Standards and Compliance Act of 

6 2007’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Adoption of ANSI ATV standard as a consumer product safety standard. 

Sec. 3. Modification of standard. 

Sec. 4. All-terrain vehicles to which standard applies. 

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Sec. 5. Action plans. 

Sec. 6. Labeling and certification. 

Sec. 7. Definitions. 

1 SEC. 2. ADOPTION OF ANSI ATV STANDARD AS A CON2 SUMER PRODUCT SAFETY STANDARD. 

3 (a) IN GENERAL.—Within 90 days after the date of 

4 enactment of this Act, the Consumer Product Safety Com5 mission shall promulgate a consumer product safety 

6 standard for all-terrain vehicles and publish the standard 

7 in the Federal Register. The consumer product safety 

8 standard shall be the same as the American National 

9 Standards Institute/Specialty Vehicle Institute of Amer10 ica’s publication entitled ‘‘Four Wheel All-Terrain Vehi11 cles—Equipment, Configuration and Performance Re12 quirements ANSI/SVIA 1–2001’’, except that— 

13 (1) the Commission shall modify the definition 

14 of an all-terrain vehicle in that standard by deleting 

15 any reference to a single rider and no passenger; 

16 (2) the standard shall clearly indicate that it is 

17 a consumer product safety standard promulgated by 

18 the Commission; and 

19 (3) the Commission may make any other nec20 essary changes in format or style necessary to con21 form the standard to the format and style of other 

22 consumer product safety standards promulgated by 

23 the Commission. 

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1 (b) CERTAIN PROVISIONS OF LAW NOT APPLICABLE

2 TO INITIAL STANDARD.—Sections 7, 9, 11, and 30(d) of 

3 the Consumer Product Safety Act (15 U.S.C. 2056, 2058, 

4 2060, and 2079(d)) and section 553 of title 5, United 

5 States Code, shall not apply to promulgation of the con6 sumer product safety standard required by subsection (a). 

7 SEC. 3. MODIFICATION OF STANDARD. 

8 (a) ANSI REVISIONS.—If the American National 

9 Standards Institute modifies its all-terrain vehicle stand10 ard after the date on which the ATV standard is published 

11 in the Federal Register under section 2(a), it shall notify 

12 the Commission of the modification. 

13 (b) COMMISSION ACTION.— 

14 (1) IN GENERAL.—Within 120 days after it re15 ceives notice of such a modification by the American 

16 National Standards Institute, the Commission 

17 shall— 

18 (A) issue a notice of proposed rulemaking 

19 in accordance with section 553 of title 5, 

20 United States Code, to amend the ATV stand21 ard to include any such modification that the 

22 Commission determines is reasonably related to 

23 the safe performance of all-terrain vehicles; and 

24 (B) notify the Institute of any provision it 

25 has determined not to be so related. 

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1 (2) DEADLINE.—The Commission shall promul2 gate an amendment to the ATV standard under 

3 paragraph (1)(A) within 180 days after the date on 

4 which the notice of proposed rulemaking for the 

5 amendment is published in the Federal Register. 

6 (c) UNREASONABLE RISKS OF INJURY.—Notwith7 standing any other provision of this Act, the Commission 

8 may amend the ATV standard to include any additional 

9 provision that the Commission determines is reasonably 

10 necessary to reduce unreasonable risks of injury associated 

11 with the performance of all-terrain vehicles. 

12 (d) CERTAIN PROVISIONS OF CPSA NOT APPLICA13 BLE.—Sections 7, 9, 11, and 30(d) of the Consumer Prod14 uct Safety Act (15 U.S.C. 2056, 2058, 2060, and 

15 2079(d)) shall not apply to promulgation of any amend16 ment of the ATV standard under subsection (b)(1)(A). Ju17 dicial review of any amendment of the ATV standard 

18 under subsection (b)(1)(A) shall be in accordance with 

19 chapter 7 of title 5, United States Code. 

20 SEC. 4. ALL-TERRAIN VEHICLES TO WHICH STANDARD AP21 PLIES. 

22 (a) IN GENERAL.—The ATV standard shall apply to 

23 all-terrain vehicles manufactured in the United States, or 

24 imported for use in the United States, more than 150 days 

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1 after the date on which the ATV standard is published 

2 in the Federal Register. 

3 (b) COMPLIANT MODELS WITH ADDITIONAL FEA4 TURES.—The ATV standard shall not be construed to pro5 hibit a manufacturer or importer of an all-terrain vehicle 

6 that complies with the requirements of the consumer prod7 uct safety standard from manufacturing or distributing 

8 any such all-terrain vehicle that incorporates characteris9 tics or components that are not covered by the consumer 

10 product safety standard. Any such characteristics or com11 ponents shall be subject to the requirements of section 15 

12 of the Act (15 U.S.C. 2064). 

13 SEC. 5. ACTION PLANS. 

14 (a) ACTION PLAN REQUIRED.— 

15 (1) IN GENERAL.—Each manufacturer or im16 porter of an all-terrain vehicle to which the ATV 

17 standard applies shall submit an action plan to the 

18 Commission for its approval. 

19 (2) COMMISSION APPROVAL REQUIRED.—If the 

20 Commission approves an action plan, it shall indi21 cate its approval in writing. The Commission may 

22 not unreasonably withhold approval of an action 

23 plan. 

24 (3) EXISTING ACTION PLANS.—An action plan 

25 submitted to the Commission by a manufacturer or 

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1 importer before the date of enactment of this Act is 

2 deemed to have been approved in writing by the 

3 Commission. 

4 (b) COMPLIANCE WITH ACTION PLAN REQUIRED.— 

5 (1) IN GENERAL.—A manufacturer or importer 

6 of all-terrain vehicles may not distribute an all-ter7 rain vehicle in commerce unless the manufacturer or 

8 importer has complied with its obligations under its 

9 action plan that has been approved by the Commis10 sion. 

11 (2) REQUIREMENTS FOR 3-WHEELED ATVS.— 

12 Until a mandatory consumer product safety stand13 ard applicable to 3-wheeled all-terrain vehicles pro14 mulgated pursuant to this Act is in effect, new 3- 

15 wheeled all-terrain vehicles may not be imported into 

16 or distributed in commerce in the United States. 

17 (3) ENFORCEMENT.—Violation of paragraph 

18 (1) or (2) shall be considered to be a violation of 

19 section 19(a)(1) of the Consumer Product Safety 

20 Act (15 U.S.C. 2068(a)(1)) and may also be en21 forced under section 17 of that Act (15 U.S.C. 

22 2066). 

23 (c) AMENDMENT OF ACTION PLAN.— 

24 (1) IN GENERAL.—A manufacturer or importer 

25 may amend an action plan approved by the Commismstockstill on PROD1PC66 with BILLS

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1 sion by notifying the Commission in writing of the 

2 proposed amendment not less than 60 days before 

3 the date on which the proposed amendment is to 

4 take effect. 

5 (2) COMMISSION REVIEW.—Within 60 days 

6 after receiving notice of a proposed amendment, the 

7 Commission shall approve or disapprove the pro8 posed amendment and notify the manufacturer or 

9 importer in writing of its action. If the Commission 

10 does not notify the manufacturer or importer of its 

11 action within that 60-day period, the Commission is 

12 deemed to have approved the proposed amendment. 

13 If the Commission disapproves the proposed amend14 ment, the Commission shall include an explanation 

15 in writing of the reasons for the disapproval in the 

16 notification to the manufacturer or importer. The 

17 approval or disapproval by the Commission of a pro18 posed amendment shall constitute final agency ac19 tion for purposes of judicial review under chapter 7 

20 of title 5, United States Code. 

21 (d) REVOCATION OF APPROVAL; RELEASE OF OBLI22 GATION.— 

23 (1) REVOCATION.—If the Commission deter24 mines, after notice and the opportunity for a hear25 ing, that a manufacturer or importer has failed to 

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1 comply substantially with its obligations under its 

2 action plan, the Commission may revoke its approval 

3 of the action plan. The revocation shall constitute 

4 final agency action for purposes of judicial review 

5 pursuant to chapter 7 of title 5, the United States 

6 Code. Upon receipt of notice of a revocation of the 

7 action plan, the manufacturer or importer shall 

8 cease further distribution in commerce of any all-ter9 rain vehicle subject to the ATV standard. The rev10 ocation by the Commission of its approval of a man11 ufacturer’s or importer’s action plan shall not pre12 clude the manufacturer or importer from submitting 

13 another action plan under subsection (a)(1). 

14 (2) RELEASE.—If the Commission determines 

15 that compliance by a manufacturer or importer with 

16 a specific requirement of its approved action plan is 

17 not necessary to promote all-terrain vehicle safety, it 

18 shall notify the manufacturer or importer in writing 

19 of its determination and release the manufacturer or 

20 importer from any obligation under this Act to com21 ply with that requirement. 

22 SEC. 6. LABELING AND CERTIFICATION. 

23 Pursuant to section 14 of the Consumer Product 

24 Safety Act (15 U.S.C. 2063) each all-terrain vehicle to 

25 which the ATV standard applies shall bear a label that— 

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1 (1) is permanent and allows viewing without re2 moving any part of the all-terrain vehicle; 

3 (2) certifies that the all-terrain vehicle complies 

4 with the consumer product safety standard and is 

5 subject to an action plan accepted by the Commis6 sion; 

7 (3) identifies the manufacturer, importer, or 

8 private labeler issuing the certification; and 

9 (4) contains sufficient information to enable the 

10 Commission to identify the particular action plan or 

11 letter of undertaking that applies to that all-terrain 

12 vehicle. 

13 SEC. 7. GAO STUDY. 

14 The Comptroller General shall conduct a study of the 

15 utility, recreational, and other benefits of all-terrain vehi16 cles, and the costs associated with all-terrain vehicle re17 lated fatalities and injuries. 

18 SEC. 8. DEFINITIONS. 

19 In this Act: 

20 (1) ACTION PLAN.— 

21 (A) IN GENERAL.—The term ‘‘action plan’’ 

22 means a written document submitted to the 

23 Commission by the manufacturer or importer of 

24 all-terrain vehicles that— 

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1 (i) describes actions the manufacturer 

2 or importer agrees to take to promote all3 terrain vehicle safety, including rider train4 ing, dissemination of safety information, 

5 age recommendations, other policies gov6 erning marketing and sale of the vehicles, 

7 the monitoring of such sales, and other 

8 safety-related measures; and 

9 (ii) is substantially similar to the 

10 plans described under the heading The Un11 dertakings of the Companies in the Con12 sumer Product Safety Commission Notice 

13 published in the Federal Register on Sep14 tember 9, 1998 (63 FR 48199–48204). 

15 (B) LETTER OF UNDERTAKING.—The 

16 term ‘‘action plan’’ includes a letter of under17 taking that meets the requirements of subpara18 graph (A). 

19 (2) ALL-TERRAIN VEHICLE.— 

20 (A) IN GENERAL.—The term ‘‘all-terrain 

21 vehicle’’ means a motorized off-highway vehicle 

22 designed to travel on 3 or 4 wheels that has— 

23 (i) a seat designed to be straddled by 

24 the operator; and 

25 (ii) handlebars for steering control. 

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1 (B) EXCEPTIONS.—The term does not in2 clude— 

3 (i) a prototype of an all-terrain vehicle 

4 not available for sale; or 

5 (ii) an all-terrain vehicle designed and 

6 manufactured exclusively for research and 

7 development purposes and not available for 

8 sale. 

9 (3) ATV STANDARD.—The term ‘‘ATV stand10 ard’’ means the consumer product safety standard 

11 promulgated under section 2(a) of this Act. 

12 (4) COMMISSION.—The term ‘‘Commission’’ 

13 means the Consumer Product Safety Commission. 

Æ 

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