All-Terrain Vehicles: How They Are Used, Crashes, and Sales of Adult-Sized Vehicles for Children's Use
Published: 2010-04-08T00:00:00

Fast Facts:

Highlights:
section_title: Why GAO Did This Study
paragraphs: All-terrain vehicles (ATV), which are off-road motorized vehicles, usually with four tires, a straddle seat for the operator, and handlebars for steering control, have become increasingly popular. However, ATV fatalities and injuries have increased over the last decade and are a matter of concern to the Consumer Product Safety Commission (Commission), which oversees ATV safety, and to others. Many ATV crashes involving children occur when they are riding adult-sized ATVs. Manufacturers and distributors have agreed to use their best efforts to prevent their dealers from selling adult-sized ATVs for use by children under the age of 16. The Consumer Product Safety Improvement Act requires GAO to report on (1) how ATVs are used and the advantages of their use and (2) the nature, extent, and costs of ATV crashes. GAO addressed these topics by reviewing ATV use and crash data and by discussing these issues with Commission staff, industry officials, user groups, and safety stakeholders.
section_title: What GAO Found
paragraphs: ATVs are mainly used for recreation, but are also used in occupations such as farming and policing. According to a 2008 industry survey of ATV owners, 79 percent use them for recreation and 21 percent use them for work or chores. ATVs are also used as primary transportation in some remote communities, such as in parts of Alaska. GAO found little information that quantified the advantages of ATV use. However, users surveyed in 2008 said that riding provides them with personal enjoyment, allowing them, for example, to view nature and spend time with their families. In addition, trail managers and local business officials in areas of the country where trails have been established, such as West Virginia, said the surrounding communities have benefited economically from spending by ATV riders. Injuries and fatalities increased substantially during the last decade, but not as rapidly as the number of ATVs in use, which nearly tripled. According to Commission staff, an estimated 816 fatalities occurred in 2007-- the agency's most recent annual estimate--compared with 534 in 1999, a 53 percent increase. However, from 1999 through 2005--the most recent period for which fatality estimates are complete--the risk decreased from 1.4 deaths per 10,000 four-wheeled ATVs in use to 1.1 deaths per 10,000 ATVs in use, or 21 percent. Regarding injuries, an estimated 134,900 people were treated in emergency rooms for ATV-related injuries in 2008, compared with about 81,800 in 1999, a 65 percent increase. However, the estimated risk of an emergency room-treated injury per 10,000 four-wheeled ATVs in use decreased from 193 injuries per 10,000 four-wheeled ATVs in use to 129.7 injuries in 2008, or 33 percent. About one-fifth of the deaths and about one-third of the injuries involved children. Crashes involving children frequently occurred when they rode adult-sized ATVs, which are more difficult for them to handle. Manufacturers and distributors have agreed to use their best efforts to prevent their dealers from selling adult-sized ATVs for use by children, but recent GAO undercover checks of selected dealers in four states indicated that 7 of 10 were willing to sell an adult-sized ATV for use by children. Commission staff suspended similar checks in early 2008 because of higher priorities. Commission staff have estimated that the costs of ATV injuries and fatalities more than doubled during the last decade from about $10.7 billion in 1999 to $22.3 billion in 2007 (in 2009 dollars). Safety stakeholders, including industry officials, said that ATV injuries could be reduced through training and wearing proper equipment such as helmets.

section_title: Letter
paragraphs: All-terrain vehicles (ATV) have become increasingly popular over the last  decade, with more than 10 million currently in use. ATVs, which are off- road motorized vehicles, usually with four tires, a straddle seat for the  operator, and handlebars for steering control, are primarily used as  recreational vehicles, but are also used for occupations such as police  work and farming. Unfortunately, the numbers of ATV-related fatalities  and injuries have increased with ATV use. According to estimates for the  most recent 4 years available, more than 800 fatalities and about 400,000  injuries have occurred annually. ATV fatalities and injuries, particularly  those involving children, have been a long-standing concern of consumer  safety advocates and the Consumer Product Safety Commission  (Commission), which regulates the vehicles’ safety. In 2008, Congress  enacted the Consumer Product Safety Improvement Act of 2008, which  imposed additional safety requirements on ATV manufacturers and  distributors and enhanced the Commission’s authority to regulate ATV  safety.
The act also directed us to report on the advantages of ATV use and the  incidence of fatalities and injuries. In response, we examined what is  known about (1) how ATVs are used and the advantages of their use and  (2) the nature, extent, and costs of ATV fatalities and injuries. To identify  uses and advantages, we reviewed studies on the uses of these vehicles  and advantages derived from them and interviewed user groups and  industry officials. To research the incidence of fatalities and injuries, we  reviewed ATV fatality and injury data compiled by Commission staff for  1999 through 2008 and interviewed safety stakeholders about the causes of  ATV fatalities and injuries. Because 2005 is the most recent year for which  Commission staff have completed data collection on ATV fatalities and  injuries and because the staff have not yet received complete data on  fatalities for 2006, 2007, and 2008, this report contains the results of  certain analyses of fatalities both for 1999 through 2005 and, when  available, for 2006 through 2008. Based on our discussions with  Commission staff knowledgeable about the data contained in this report,  we determined that the data are sufficiently reliable for the types of  analyses that we performed of trends in ATV fatalities. In addition, to  better understand ATV uses, fatalities, and injuries, we visited areas of the  country where ATVs are widely used (Alaska and West Virginia).  Furthermore, we conducted undercover visits of selected dealers to test  whether they were willing to sell adult-sized ATVs for use by children—a  practice that manufacturers and distributors have agreed they would use  their best efforts to prevent.
During our review, we found that significantly less information was  available on the uses of ATVs and the resulting advantages than on ATV  fatalities and injuries and their associated costs. Therefore, we note that  our report contains more information on the latter. We do not intend for  this to suggest that ATVs’ utility to users is outweighed by costs to  individuals and society arising from that use. Furthermore, because the  Consumer Product Safety Improvement Act did not direct us to, we  generally did not evaluate the Commission’s ATV safety oversight.  However, in examining the incidence of fatalities and injuries involving  children, we reviewed the Commission’s efforts to prevent the sale of  adult-sized ATVs for use by children.
We conducted this performance audit from July 2009 through April 2010 in  accordance with generally accepted government auditing standards. Those  standards require that we plan and perform the audit to obtain sufficient,  appropriate evidence to provide a reasonable basis for our findings and  conclusions based on our audit objectives. We believe that the evidence  obtained provides a reasonable basis for our findings and conclusions  based on our audit objectives. We conducted our related investigative  work in accordance with standards prescribed by the Council of the  Inspectors General on Integrity and Efficiency. Additional information  about our scope and methodology is contained in appendix I.
subsections: section_title: Background
paragraphs: ATVs are intended for use on various types of unpaved terrain. They have  large, low-pressure tires; straddle seats; and handlebars for steering  control. ATVs generally are intended for use by a single operator;  however, some models have a seat for an additional passenger. ATVs are  considered to be “rider-active” vehicles—that is, when the operator shifts  his or her body weight, the operation of the vehicle is affected, including  the turning and stability of the vehicle. Although three-wheeled ATVs  originally were produced, nearly all ATVs in use today are four-wheeled  vehicles.
ATVs are available in a number of different models. For example, sport  ATVs are designed for recreational trail riding. Utility ATVs are also  recreational vehicles, but have cargo racks and can be fitted with  attachments, including trailers, and have utility purposes such as doing  chores and for farming. Additionally, ATVs are available in youth-sized and  adult-sized models. (See fig. 1.) Youth-sized models typically have engine  sizes that are typically 90 cubic centimeters or less and weigh less than 300  pounds, while adult-sized models have engine sizes that range from 90  cubic centimeters to 1,000 cubic centimeters and weigh between 300 and  700 pounds. A new “transition” model, which is designed for children who  are 14 years old or older and are under adult supervision, has an engine  size of about 150 cubic centimeters and weighs around 350 pounds.
ATVs were first introduced in the 1970s. Sales of the vehicles increased  substantially in the 1980s and more than tripled from 1980 to 1985.  Moreover, according to Commission staff estimates, the number of four- wheeled ATVs in use nearly tripled during the last decade, from about 3.6  million in 1999 to about 10.2 million in 2008, an increase of 183 percent.  (See fig. 2.) However, Commission staff estimates of the number of ATVs  in use do not include information on how often the vehicles are used or  how many miles they are ridden.
According to a 2008 survey of ATV owners conducted by the Motorcycle  Industry Council, a trade association that represents motorcycle  manufacturers and distributors and works with the Specialty Vehicle  Institute of America, which represents ATV manufacturers and  distributors, nearly 40 percent of ATV riders are younger than 30 years of  age. Although the survey also found that the majority of ATV riders—81  percent—are male, it indicated that the number of female riders had  increased 138 percent since 2000.
The ATV market in the United States has changed in recent years as new  entrants, mainly from China and Taiwan, have gained market share from  the traditional manufacturers in the United States (e.g., Honda, Polaris,  and Yamaha). According to a market research firm that collects data on  U.S. ATV sales, the market share represented by new entrants increased  from 14 percent in 2004 to 42 percent in 2007 before declining to 34  percent in 2008. As shown in figure 3, total U.S. sales of ATVs declined  from about 1.1 million units in 2007 to 689,000 units in 2008, a decrease of  about 400,000 vehicles, which industry officials attributed to the economic  recession. The market research firm also estimated that youth-sized  models represented about 39 percent of all U.S. ATV sales in 2008 and that  the new entrants sold about 83 percent of youth-sized models. According  to the Specialty Vehicle Institute of America, youth-sized models typically  cost between $1,600 and $3,400 and adult-sized models typically cost  between $2,300 and $13,700. A transition model costs between $3,200 and  $3,350. However, we also found some youth-sized ATVs being sold via the  Internet that were priced at less than $500.
The Commission is an independent federal agency charged with protecting  the public from unreasonable risks of serious injury or death from  thousands of types of consumer products, including ATVs. As part of its  safety oversight responsibilities, the Commission regulates ATV  performance to promote safe design practices and produces an annual  report on fatalities and injuries. Commission staff told us they collect data  on fatalities by reviewing death certificates collected from states, news  reports, and other sources, and investigate, or attempt to investigate, every  ATV fatality by examining official reports. In addition to counting the  number of documented fatalities, because some ATV fatalities are n reported,  Commission staff also estimate the number of fatalities.  Moreover, because ATV fatalities may not be reported immediately, it  normally takes 3  for a given year.  years for Commission staff to receive data on fatalities  In addition to collecting data on fatalities, Commission staff collect da on injuries from the agency’s National Electronic Injury Surveillance  System, which is a national probability sample of hospitals in the Unite States and its territories. According to Commission staff, the agency’s  estimated ATV injury data are current for that reporting year.
ATV manufacturers that were submitted prior to August 14, 2008, and w grandfathered in, according to the statute, for a total of 37 “approved”  plans. Commission staff told us they provide the U.S. Customs and Borde Patrol with the names of manufacturers and distributors with approved  action plans so that companies without approved plans can be barred from  importing their products into the United States.
The mandatory standard defines youth-sized ATVs by their maximum  speeds, rather than by engine size, as under the consent decree. Unde standard, maximum speed capabilities are provided for four types of youth-sized models. These capabilities depend on the rider’s age. In  addition, the standard requires that all youth-sized models be equipped  with a speed governor that limits the vehicle to a certain speed but can be adjusted or removed with the use of a tool or other specialized device that vehicle can then go faster. The standard addresses two types of  maximum speed capabilities: (1) when a required speed governor is in use  and (2) when the speed governor is disabled or removed. (See table 1.) For  example, youth models designed for children 6 years of age and older are  limited to a maximum speed of 10 miles per hour when the speed governor  is used and 15 miles per hour when the governor is disabled. The standa he speed-limiting devices  requires manufacturers to deliver ATVs with t adjusted for the respective youth categories.
section_title: ATVs Have Recreational, Occupational, and Transportation Uses
paragraphs: ATVs are primarily used for recreational purposes; however, ATVs are  used for occupations such as farming; for government functions, such as  policing and patrolling public lands; and for transportation in remote  areas. Although we found little information that quantified the uses of  ATVs and the advantages of their use, a survey of owners conducted by the  Motorcycle Industry Council in 2008—according to Commission staff, the  only recent national survey of ATV owners—indicated that 79 percent use  their ATVs recreationally and that the most common recreational activities  were pleasure riding and trail riding. (See fig. 4.) Owners also reported  using their ATVs for other recreational activities such as hunting, camping,  fishing, and racing. (See table 2.) The two types of ATVs available—sport  and utility models—are used for specific recreational purposes. For  example, sport ATVs are used for recreational trail riding and racing, while  utility ATVs are used for activities such as camping because they are  designed with cargo racks and can be fitted with attachments. One dealer  told us that outdoors enthusiasts, such as campers and hunters, use ATVs  because some outdoor areas cannot be reached with other four-wheel- drive vehicles, such as jeeps. He also said that ATVs can be easily towed  and that some are light enough to be placed on a truck bed, allowing them  to be transported to a trail or park and be packed with gear that otherwise  could not be carried.
In the owners’ survey, owners were asked to rank possible reasons for  riding on a scale from 1 to 10, with 1 being “not important” and 10 being  “very important.” Their top responses were having fun, enjoying the  outdoors, and exploring hard to reach places. Owners also said that  relaxation and family activity were important reasons for riding. (See table  3.) Other state-based surveys of ATV riders that we reviewed supported  the results of the nationwide owners’ survey. For example, a 2005 survey  of registered owners in Minnesota found that relaxation, being in a natural  area, and being with friends and family were the most important  advantages of ATV riding. In addition, a 2005 survey of ATV club members  in New York found that riding with family and friends, relaxation, and  viewing the scenery were some of the highest-rated advantages of ATV  riding. Two officials from user groups told us that riding is a family  activity and that ATVs have enabled a broader cross-section of the  population, including older riders, to experience and appreciate the  outdoors. We spoke with the owner of an ATV touring business in Alaska  who told us that the company receives much of their business from  families and travelers arriving on cruise ships who are seeking an easy way  to see the Alaskan countryside.
Although the owners’ survey indicated that most recreational riding occurs  on private property, ATV trails and riding areas have been designated on  federal, state, and private lands throughout the country. An official from  the National Off-Highway Vehicle Conservation Council, an organization  that promotes the availability of trails for off-highway vehicles, including  ATVs, told us that there are a number of riding locations, especially areas  on private lands that have designated difficulty levels, ranging from ones  designed for beginners to others for riders with more advanced skills. Trail  managers told us that some of these trails have become popular  destinations for groups of riders, particularly for families. For example, a  former Paiute Trail manager told us that the trail has gained popularity  and the number of ATV riders accessing the Paiute Trail in south-central  Utah increased from about 23,700 in 1995 to about 85,000 in 2009, a 259  percent increase. He told us the Paiute Trail provides access to over 700  miles of connected trails. These riding areas host ATV events that attract  enthusiasts from all over the country. For example, the former Paiute trail  manager told us that the number of participants in the Rocky Mountain  Jamboree, an event that includes an ATV parade and guided tours, grew  from 41 in 1993 to over 500 in 2009.
Some studies have shown that spending by ATV riders on items such as  food, lodging, gasoline, and vehicle accessories has had a positive  economic impact on local communities and has increased state and local  tax revenues. For example, a study on the economic impact of ATVs in  West Virginia, conducted by researchers from Marshall University who  were hired by the Hatfield-McCoy Trails (Hatfield-McCoy), a major trail  system in southern West Virginia, found that the number of ATV-related  businesses in the localities near the trail had increased, causing these  businesses to hire additional employees. In addition, in Minnesota, where  many ATVs are ridden and manufactured, the University of Minnesota  surveyed riders about their spending and asked retailers and  manufacturers to determine the economic impact of all ATV-related  activities. This study found that ATVs have had a positive economic impact  on the state, in terms of both retail sales and job creation. However,  these study findings cannot be generalized to all trails nationwide, and the  studies did not report whether the spending would have occurred for other  recreational activities, if not for ATV use.
We visited the Hatfield-McCoy Trails, which, according to officials at a  regional transportation institute, were created and are supported by the  West Virginia state legislature to increase tourism in the state. Hatfield- McCoy consists of six distinct trail loops, located in or close to cities in  West Virginia, totaling more than 500 miles. According to the Hatfield- McCoy trail manager, the trail has become increasingly popular among  ATV riders. He said that over 30,000 trail permits were sold in 2009, the  majority of which were sold to people outside the state, compared with  almost 4,000 permits sold in 2000. We spoke with hotel and restaurant  owners in Gilbert, West Virginia, where one of the Hatfield-McCoy  trailheads is located, who said that their businesses are directly supported  by ATV riders visiting the trail. (See fig. 5.) The hotel owner told us that his  hotel, which lodges up to 14 guests, is generally booked weeks in advance.  He also said that finding a place to stay during the annual Trail Fest near  Gilbert is particularly difficult and some of the event participants are  forced to stay an hour outside of the city. The Hatfield-McCoy trail  manager told us that the city of Gilbert supports the ATV trail, recognizing  the importance of the trail to the city’s businesses, and has passed an  ordinance allowing ATV riders to use public roads to access trailheads.
subsections: section_title: ATVs Have Various Occupational Uses and Advantages
paragraphs: Owners and manufacturers report that ATVs have unique features that  make them advantageous for completing certain work and chore activities.  The owners survey found that ATVs are used for activities such as hauling  or towing, doing yard work, maintaining property, and other tasks. (See  table 4.) Officials from a manufacturer told us that utility ATVs are ideal  for these types of tasks because they are able to maneuver in all types of  terrain, be fitted with a number of different accessories such as snow  plows and winches, and carry about six times more weight and travel  more than eight times faster than a person. An official from the National  Farmers Union, a national farming organization, told us that ATVs were  used on her family’s farm for tasks such as carrying supplies around the  farm, fixing fences, and herding cattle and livestock. One official from the  National 4-H Council told us that 37 percent of their member families own  ATVs for use on their farms. An official from another user group told us  that ATVs can traverse areas such as irrigation ditches that are  inaccessible to other vehicles. Some farmers purchase accessories to  attach to ATVs, such as sprayers that are attached to the back of an ATV to  spray pesticides. (See fig. 6.) Manufacturing officials told us that ATVs are  useful for a number of other occupations. For example, ATVs are used in  oil production, construction workers use them for large roofing jobs,  utility companies use them to maintain power lines, and lifeguards use  them to patrol beaches.
In addition to private-sector users, government agencies, such as the  Census Bureau, the military, land agencies, and police and search-and- rescue units use ATVs to carry out their functions. For example:    A Census Bureau official said that some census workers use ATVs to  deliver questionnaires to people living in remote areas in states such as  Alaska and Maine.
Officials from the U.S. Department of Defense told us that military  personnel use ATVs for base maintenance, carrying heavy gear, and  maneuvering through extreme terrain. (See fig. 7.)
Officials at land management agencies, such as the Bureau of Land  Management, U.S. Forest Service, and U.S. Fish and Wildlife told us they  use ATVs to monitor and inspect public lands. For example, a Bureau of  Land Management official in Alaska told us that between 30 and 40 ATVs  are used for firefighting support, transporting employees and gear,  accessing remote areas, and spraying pesticides.
An officer from the San Antonio Police Department told us that the  department uses 12 ATVs to patrol local nature parks. (See fig. 7.) Also, an  Alaska Wildlife Trooper told us that the Alaska Department of Public  Safety has a fleet of 45 ATVs to monitor its lands for illegal hunting and  fishing.
Additionally, search-and-rescue officials use ATVs for their missions. For  example, an official from the Southeast Regional Emergency Services  Council in Alaska told us that first responders cannot wait for ambulances  and are trained to use ATVs to transport victims on a sled attached to the  back of an ATV. (See fig. 8.) She told us that Alaska has a statewide  program that provides funding for about 70 ATVs equipped for  emergencies. We also observed an ATV at a fire station in West Virginia  that was equipped with emergency rescue equipment to help rescuers  reach victims in rugged areas. (See fig. 8.)
section_title: ATVs Are Used Routinely for Transportation in Certain Areas
paragraphs: We also found that people in rural and remote areas use ATVs for  transportation. Thirty-five percent of the owners surveyed in 2008  reported using their ATV for general transportation purposes. (See table  4.) An official from the Alaska Department of Health told us that some  communities in Alaska use ATVs as a primary mode of transportation. For  example, residents of Kotzebue, Alaska, a community we visited, routinely  use ATVs for transportation and subsistence hunting. Community  representatives told us during an interview that ATVs are more convenient  to use than other vehicles because the city has only two paved roads  within the city limits. They told us that the only way to travel by land to  other cities or villages is by using trails developed specifically for ATVs or  snowmobiles. In addition, they said that an ATV is generally less expensive  to operate than a car or truck because it has better gas mileage and is less  expensive to maintain and ship. One Kotzebue police officer told us that  residents use ATVs as their “family car,” commuting to work and school  and running errands. (See fig. 9.)
section_title: ATV Fatalities and Injuries Have Increased Substantially during the Last Decade When the Number in Use Nearly Tripled
paragraphs: ATV fatalities and injuries have increased substantially since 1999, but not  as rapidly as the number of four-wheeled ATVs in use, which nearly  tripled. Commission staff estimated 6,556 fatalities occurred from 1999  through 2007, an average of about 700 people per year. In 2007, the most  recent year for which the Commission staff estimated the number of  fatalities, an estimated 816 fatalities occurred, compared with 534 in 1999,  an increase of 53 percent (an average of about 6 percent per year). As  shown in figure 10, the estimated number of fatalities rose steadily from  1999 through 2005. Although the estimated numbers of fatalities in 2006  (907) and 2007 (816) were less than the number in 2005 (932), Commission  staff said that it is likely that the estimated number of fatalities for 2006  and 2007 will change as the agency collects more information. Hence,  according to Commission staff, it is premature to make any conclusions  about the estimated number of fatalities for those years.
According to Commission staff estimates, from 1999 through 2005—the  most recent period for which fatality estimates are complete—the risk  decreased from 1.4 deaths per 10,000 four-wheeled ATVs in use to 1.1  deaths per 10,000 ATVs in use, or 21 percent. (See fig. 11.) Commission  staff estimated that the risk of death per 10,000 ATVs in use was 1.0 in  2006 and 0.8 in 2007, but said those numbers will change as the agency  collects more information and that it is premature to make any  conclusions about the risk for those years. In addition, as noted earlier, the  Commission staff estimates of the number of ATVs in use do not include  data on how often the vehicles are used or how many miles they are  ridden.
In addition to estimating the number of fatalities, Commission staff count  the number of ATV fatalities using a variety of sources, including death  certificates, news reports, and information from field staff. For individual  years from 1999 through 2005, the estimated number of fatalities ranged  from 11 percent to 35 percent higher than the number of documented  cases. However, it normally takes Commission staff 3 years to receive data  on fatalities for a given year. Therefore, the number of documented deaths  counted for 2006 through 2008 (832 in 2006, 699 in 2007, and 410 in 2008)  are incomplete and are expected to increase for those years. (See table 6  in app. II for the documented number of fatalities.) By contrast, data on  ATV injuries, presented later in this report, are current for the reporting  year and are not expected to increase.
As discussed earlier, in addition to estimating the number of fatalities,  Commission staff count the number of documented cases, which they use  for various analyses. For example, Commission staff data on documented  fatalities from 1999 through 2008 show that they occurred in all states and  the District of Columbia. From 1999 through 2005, the states with the  most ATV fatalities were Kentucky (240), Texas (213), West Virginia (208),  Pennsylvania (191), and Florida (184). (Table 8 in app. II shows the total  number of fatalities in each state, the District of Columbia, and Puerto  Rico from 1999 through 2005 and preliminary data for 2006 through 2008.)  From 1999 through 2005, 86 percent of ATV fatalities were male and the  average age was 30. The Commission staff’s preliminary data for 2006  through 2008 indicated that 85 percent of fatalities were male and the  average age was 33.
Children under the age of 16 represented about 22 percent of all  documented ATV fatalities from 1999 through 2008. (See table 9 in app.  II.) The annual number of fatalities involving children increased from 1999  through 2004, but declined in 2005. Commission staff counted 163 children  under the age of 16 among documented fatalities in 2005, compared with  90 in 1999, an increase of 81 percent. Preliminary data collected by  Commission staff for 2006 through 2008 reported 143 children among ATV  fatalities in 2006, 124 in 2007, and 74 in 2008.
Commission staff data indicate that children who died were mainly riding  adult-sized ATVs. These data on ATV fatalities involving children that  occurred in 2005 include information on the engine size for 51 percent (84  of 165) of ATVs involved in those crashes. This information can be used  to determine whether the ATVs were adult-sized or youth-sized models.  Our analysis of those fatalities for which vehicle the engine size was  recorded indicated that about 94 percent of the children who died in 2005  (79 of 84 children for whom the engine size was recorded) were riding  adult-sized ATVs. Preliminary data collected by Commission staff for 2006  through 2008 indicated that 93 percent of children who died (175 of 189  children for whom the ATV engine size was recorded) were riding adult- sized ATVs.
subsections: section_title: Nonfatal Injuries also Increased during the Last Decade
paragraphs: The estimated number of nonfatal ATV-related injuries, including those  involving children, also increased from 1999 through 2007, but decreased  in 2008. (See fig. 12.) Commission staff estimated that a total of 413,339  nonfatal injuries occurred in 2008, which was 10 percent less than the  estimated number of injuries in 2007 (457,394), but 70 percent higher than  the estimated number of injuries in 1999 (243,664). The total estimated  number of nonfatal injuries in 2008 included 134,900 that were treated in  emergency rooms, which Commission staff said were the most serious;  209,549 that were treated outside of emergency rooms, but were treated in  other settings such as doctors’ offices and clinics; and 68,890 that were not  treated.
In 2008, an estimated 134,900 nonfatal ATV-related injuries were treated in  emergency rooms, compared with 81,800 in 1999, an increase of 65  percent. However, the estimated number of injuries treated in emergency  rooms decreased from 150,800 in 2007 to 134,900 in 2008, or 10 percent.  Commission staff said that although the decrease from 2007 to 2008 is  statistically significant, there is insufficient information to examine what  caused the decrease. According to the staff, the decrease could have been  influenced by one or more of the following factors: (1) exposure, as  evidenced by the number of people who rode ATVs and the amount of  time that was spent riding, considering that recreational activities often  are reduced in times of recession; (2) the state of the ATV market in  particular (i.e., sales decreased dramatically in 2008, likely because of the  economic recession); (3) legislative and regulatory activities (e.g., the  Consumer Product Safety Improvement Act, for example, may have led to  a reduction in the availability of imported and youth-sized ATVs beginning  in late 2008 and in a relative increase in the availability of mechanically  safer vehicles); and (4) information and education activities at both  national and local levels (i.e., increased safety awareness may have led to  increased safety practices while riding ATVs). Furthermore, Commission  staff stressed that the decrease may be limited to one year. However, an  ATV association official said that the increased number of ATVs in use can  account for the increase in injuries before 2008 and that decreased sales in  2008 likely would have had a marginal effect on injuries.
Although the absolute number of injuries increased from 1999 through  2007, as the number of ATVs in use increased, the estimated risk of an  emergency room-treated injury per 10,000 four-wheeled ATVs in use  decreased from 193 injuries per 10,000 four-wheeled ATVs in use in 1999 to  129.7 injuries in 2008, or 33 percent. (See fig. 13.)
According to data collected by Commission staff, about one-third of ATV- related injuries from 1999 through 2008 involved children younger than 16  years of age. Commission staff estimated that 37,700 children were  treated for injuries in emergency rooms in 2008, compared with 27,700 in  1999, an increase of 36 percent, or an average of about 4 percent per year.  (See table 10 in app. II for the estimated numbers of injuries treated in  emergency rooms, including injuries to children; the estimated numbers of  injuries that were treated in other medical settings besides emergency  rooms; and the estimated numbers of injuries that were not medically  treated.) According to the American Academy of Pediatrics, injuries  sustained by children riding adult-sized ATVs are often very serious,  including severe brain, spinal, abdominal, and complicated orthopedic  injuries.
Public health and medical officials said that injuries are typically bone  fractures, or cranial or spinal injuries. According to Commission staff, an  estimated 27 percent of the injuries treated in emergency rooms in 2008  were diagnosed as contusions and abrasions, 25 percent as fractures, 16  percent as sprains or strains, and 11 percent as lacerations. In addition,  Commission staff data indicated that 87 percent of the people who visited  emergency rooms for treatment of ATV injuries were treated and released,  while 11 percent were treated and admitted or transferred to other  facilities. One nationwide study of ATV fatalities and injuries indicated  that fracture of the lower limb was the most common type of injury.  According to a doctor who is an official with the Orthopaedic Trauma  Association, the severity of injuries depends on driving speed, terrain,  riding behavior, helmet usage, and other conditions involved. This doctor  said that injuries often involve multiple traumas that can require long-term  treatment. He said that a broken bone in the leg or foot, for example, can  cause patients to suffer from muscle weakness or arthritis, resulting in a  lifetime of difficulty standing or walking. Moreover, a public health official  in a state where ATVs are widely used said that the impact of brain injuries  can be considerable, including lifetime medical costs that may be incurred.
section_title: Safety Stakeholders Generally Agreed That Children Should Not Operate Adult-Sized ATVs
paragraphs: Safety stakeholders, including Consumer Product Safety Commission,  public health, and industry officials; consumer safety advocates; and  medical professionals we contacted generally said that children should not  operate adult-sized ATVs because they do not have judgment and skill to  handle the power, speed, and weight of these vehicles. Instead, industry  officials said that youth-sized models are more appropriate for children  (except for some larger children) because these models are smaller, less  powerful, slower, and lighter than adult-sized ATVs. An industry  association official also emphasized that adult supervision is an important  part of allowing children to operate ATVs. However, a consumer safety  advocate questioned how adult supervision can occur when the adult may  be some distance from where the child is riding. A 2004 Commission staff  study indicated that if children rode youth-sized ATVs rather than adult- sized models, the risk of injury might be reduced by about one-half. Some  public health officials we contacted agreed that injuries involving children  who were riding youth-sized ATVs would be less severe if the children  were riding youth-sized, rather than adult-sized models, because less  energy associated with motion would be released during collisions. An  official representing a major manufacturer said that the industry is  encouraging children to ride appropriately sized ATVs, but parents may be  reluctant to buy youth-sized models because their children will outgrow  them and the parents then will need to buy larger models.
Although we found general agreement among stakeholders that children  should not operate adult-sized vehicles, some consumer safety advocates  and medical professionals we contacted said that children under the age of  16 also should not operate youth-sized models. For example, the American  Academy of Orthopaedic Surgeons and the American Academy of  Pediatrics have taken the position that children younger than 16 years of  age should not operate ATVs. A doctor who has treated ATV injuries at a  Midwestern children’s hospital trauma center and is a member of the  American Academy of Pediatrics said there is a misimpression that youth- sized ATVs are safer than adult-sized vehicles, but that they are still heavy,  motorized vehicles capable of reaching high speeds. He said that the  impression that youth-sized ATVs are safer means that more children will  ride them, resulting in more injuries. This doctor added that by nature,  children have less impulse control than adults and are prone to take  increasing risks, seeking greater thrills, which can result in serious  crashes. The doctor explained that crashes involving children typically  occur when ATVs tip over, even at slow speeds, and that victims can  suffocate because they cannot extricate themselves from underneath the  heavy vehicles. However, an industry association official said that crashes  involving children occur mainly when they are riding adult-sized models at  higher speeds without parental supervision. A manufacturing official  added that, unlike adult-sized ATVs, youth-sized models do not have  headlights (to discourage nighttime riding) and have smaller engine sizes  and speed governors.
In addition to concerns about fatalities and injuries involving children,  some safety advocates and researchers said they have become concerned  about the safety of older ATV riders, as the vehicles have become faster  and more powerful. A study of older riders in West Virginia indicated that  older adults are at an increased risk of serious injury associated with ATV  crashes because age-related changes in physical reserve and sensory  limitations, pre-existing medical conditions, and related medication use  may exacerbate the risk of injury. Our analysis showed a slight increase  in the percentage of ATV fatalities of people who were 55 years old or  older during the last decade. From 1999 through 2005, about 12 percent of  all fatalities were 55 years of age or older (an average of 69 people per  year), compared with about 16 percent from 2006 through 2008 (an  average of 103 people per year, based on preliminary data). In addition, the  number of injuries treated in emergency rooms involving people 55 and  older increased from 2,400 in 1999 to 5,800 in 2008, or 142 percent.
section_title: Stakeholders Cited Numerous Factors Involved in ATV Fatalities and Injuries
paragraphs: Safety stakeholders said that ATV fatalities and injuries occur for several  reasons, including reckless driving, speed, alcohol use, riding with  passengers, riding on paved roads, or riding on roads used by other  vehicular traffic. In addition, some consumer safety advocates said that  ATVs are inherently unstable because of their high center of gravity, short  wheel-base, short turning radius, high-powered engines, and weight. A  safety advocate also said that ATV speed governors were not frequently  used and could be easily disabled by youth.
Although more than one hazard pattern may be involved in ATV crashes,  Commission staff data included information on what caused the crashes  for 94 percent of fatalities (3,874 of 4,122) from 1999 through 2005, which  indicated that they occurred when the vehicles involved collided with  objects, such as other vehicles (48 percent); the vehicles tipped or flipped  over (34 percent); drivers or passengers were ejected from the vehicles (11  percent); or the terrain changed (7 percent). For fatalities from 2001  through 2005, our analysis found that 41 percent of drivers had been  drinking or were suspected of drinking alcohol before the crash and that  25 percent of crashes occurred when two or more passengers were riding  the ATV.  Our analysis of preliminary data on fatalities from 2006 through  2008 indicated that 41 percent of drivers had been drinking or were  suspected of drinking alcohol before the crash and 24 percent of crashes  occurred when two or more passengers were riding the ATV. For 2005, we  found that in 37 percent of fatalities, the operator had been drinking  alcohol before the crash and that at least one person riding on the vehicle  was not wearing a helmet. Figure 14 illustrates typical fatality and injury  scenarios.
Officials representing manufacturers disagreed with the argument made by  some safety advocates that ATVs are inherently unsafe. One official, for  example, said that the design of ATVs has improved over time—the  suspension is less tiring on the body and speed-limiting devices are better  and harder to disable. Another manufacturing official said the vehicles’  high center of gravity must be maintained to allow sufficient clearance for  trail riding. However, two emergency room doctors who have treated ATV  injuries told us that, although the stability of the vehicles could be  improved, they are still dangerous because of the severity of injuries  sustained by energy transfers that occur during crashes. Commission staff  said they are studying the stability issue.
section_title: Commission Staff Estimated Economic Costs of ATV Crashes over $22 Billion in 2007
paragraphs: Commission staff estimated that the costs of ATV crashes have doubled in  the last decade. (See fig. 15.) For 2007, Commission staff estimated that  the total cost of crashes was $22.3 billion ($17.7 billion in nonfatal injury  costs and $4.6 billion in fatality costs), compared with $10.7 billion in 1999  ($7.7 billion in nonfatal injury costs and $3 billion in fatal injury costs),  an increase of 108 percent (in 2009 dollars). (See table 11 in app. II for  data.) Commission staff have not yet estimated the number and costs of  fatalities in 2008, but estimated the costs of nonfatal injuries in 2008 to be  $15.6 billion, compared with $17.7 billion in 2007, a 12 percent decrease,  reflecting fewer injuries in 2008 than 2007.
In estimating the cost of a death, Commission staff assumed a $5 million  value for a statistical life—a figure they also have used in their regulatory  analyses of other consumer products. Commission staff said they  developed the $5 million figure by reviewing empirical literature that  estimated the value of a statistical life at between $2 million and $10  million and choosing a mid-range estimate. The $5 million estimate  includes the value of work loss and pain and suffering. To develop injury  cost estimates, Commission staff used data from the agency’s National  Electronic Injury Surveillance System—a national probability sample of  hospitals in the United States and its territories—plus estimates of injuries  not treated in hospitals. The injury cost estimate takes into account factors  such as a victim’s age, gender, body part injured, which are used to  estimate the cost of medical and legal expenses, work wages lost, and pain  and suffering.
The Commission staff’s cost estimate of ATV fatalities was similar to that  developed by public health researchers who estimated $4.5 billion in costs  for 2005, compared with the Commission staff’s estimate of $4.7 billion  for the same year. For this study, the researchers identified ATV deaths  from the National Center for Health Statistics Multiple Cause-of-Death  public-access file, which draws data from death certificates, and used the  National Highway Traffic Safety Administration’s method of estimating the  value of a statistical life. Another study indicated that the highest  hospitalization costs were for spinal cord and intracranial injuries. Two  emergency room doctors who have treated children who were ATV crash  victims told us that these injury treatment costs are among the highest  because of the severity of the injuries sustained.
section_title: Various Organizations Offer Training and Promote Safe Riding Practices
paragraphs: Safety stakeholders said that the number and severity of ATV injuries  could be reduced through training and by wearing proper equipment such  as helmets. A state trauma director said that parents are usually surprised  when they see the results of crashes involving children because they were  not aware of the dangers of ATV riding. In addition, an injury prevention  official said that in many communities where ATVs are widely used,  people are not aware of the connection between wearing helmets and  preventing brain injuries. According to the Commission, training is  important because operating an ATV seems “deceptively easy.” The  Commission indicated that even at relatively low speeds (20 to 30 miles  per hour), ATVs 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, such as trees and other ATVs,  and trail-level hazards, such as ditches, rocks, and hidden holes, and (2)  quick judgments relating to steering, speed, and braking as well as relating  to terrain suitability, weight shifting, and other active riding behaviors.  Formal, hands-on training teaches operators how the ATV responds in  situations that are typically encountered.
Manufacturers and distributors agree in their action plans to provide  training to ATV buyers. According to Commission staff, manufacturers and  distributors, through their dealers, must offer free, hands-on training to  first-time purchasers and their immediate families, plus incentives valued  at a minimum of $100 for taking the training. As of February 2010,  Commission staff indicated that only the training provided by the Specialty  Vehicle Institute of America’s ATV Safety Institute met the requirement.  The Safety Institute’s course, which takes about 4 to 5½ hours,  encompasses safe riding practices, such as how to operate ATVs on hills  and on various types of terrain; the importance of wearing protective gear;  and the hazards of improperly operating the vehicles. In addition, the 4-H  youth organization awards grants to local communities and schools to  promote ATV safety for children, including hands-on training. The  National Off-Highway Vehicle Conservation Council, an organization that  promotes the recreational use of off-highway vehicles, also offers an  adventure trail activity book and interactive compact disk that provide  children with information on safe riding practices.
Other organizations also conduct educational campaigns to publicize ATV  risks and encourage safe riding practices. The American Academy of  Orthopaedic Surgeons and the Orthopaedic Trauma Association, for  example, have conducted a public service advertising campaign since 2007  consisting of advertisements displayed in newspapers and airports,  warning people not to think of ATVs as toys and encouraging them to ride  safely. (See fig. 16.) Organization members have also participated in media  tours to promote the campaign and raise safety awareness.
State governments are also involved in promoting ATV safety.  Transportation officials in West Virginia, for example, make 30- to 45- minute presentations to schools and community groups, emphasizing  safety practices such as wearing a helmet, as part of a safety awareness  program established in 2005. Under state law, all ATV riders under the age  of 18 in West Virginia must wear a helmet and satisfactorily complete a  rider safety awareness course approved by the Commissioner of Motor  Vehicles. A state highway safety official said that to receive certification,  children must watch a 10-minute video and children as young as 5 years  old have received certification. Commission staff also have taken steps to  promote safety awareness through television and radio public service  announcements in areas where crashes occurred, creating a Web site  (www.ATVSafety.gov), and partnering with organizations to promote  safety.
However, despite safety educational and training programs that focus on  the importance of practices such as wearing helmets, rider helmet usage  appears to be low. Our analysis of ATV fatalities that occurred during 2005  indicated that 17 percent of the victims were wearing helmets and at least  83 percent were not wearing them. Similarly, preliminary data on ATV  fatalities from 2006 through 2008 indicated that 18 percent of the victims  were wearing helmets and at least 82 percent were not wearing them.  A  consumer safety advocate said that extensive, multiyear educational  efforts on ATV safety are needed to make a positive impact, similar to  those efforts used to educate people about the safety benefits of using seat  belts in automobiles. The consumer safety advocate said that advertising  campaigns promoting ATV safety should be expanded and cited the  success that public service announcements have had in reducing smoking,  but said the effort should be coupled with enforcement. Similarly, a state  public health official told us that injury prevention and safety programs  are not effective alone and must be part of a package that includes laws  with enforcement. West Virginia’s Hatfield-McCoy Trails, for example,  employs law enforcement personnel to enforce riding rules such as  wearing helmets, maintaining reasonable speeds, not consuming alcohol,  and not allowing children to ride adult-sized ATVs. Trails officials said  these rules have been effective in preventing crashes on the trails. They  said that there have been 3 ATV fatalities on the trails since 2000,  compared with 50 to 60 fatalities that have occurred per year throughout  the state, including crashes that occurred on private property where  unsafe riding practices may not be prohibited and where many ATV  crashes occur. Because much ATV riding occurs on federal lands, the  Consumer Federation of America, a consumer safety advocacy group, has  recommended that guidelines for federal lands be developed prohibiting  children from riding adult-sized ATVs; requiring the use of helmets; and  banning riding with passengers, on paved roads, and at night. The  American Academy of Pediatrics, citing research on the effectiveness of  helmet usage by motorcycle and bicycle riders, has also recommended  that the federal government require ATV riders on public lands to wear  helmets.
section_title: State Laws on Use Vary by State
paragraphs: Laws addressing the behavioral aspects of ATV use, such as helmet usage  and training, are generally found at the state level and vary greatly. (See  table 5.) Some state laws apply only to riding on public lands.
The Specialty Vehicle Institute of America has developed model state  legislation calling for, among other things, hands-on training for operators,  that children under age 16 be under continuous adult supervision while  operating an ATV on public land, and restrictions on the sale of adult-sized  ATVs for use by children.
section_title: Manufacturers and Distributors Have Agreed Not to Sell Adult-Sized ATVs for Use by Children, but We Found That Many Dealers Will
paragraphs: To sell ATVs in the United States, the Consumer Product Safety  Improvement Act requires manufacturers and distributors to file “ATV  action plans,” which must be approved by the Commission, and to comply  with all provisions of the plans and the ATV industry standard. The  mandatory industry standard also contains provisions pertaining to the use  of ATVs by children, such as requiring manufacturers and distributors to  affix warning labels on ATVs about preventing crashes and identifying the  appropriate (minimum recommended) age for vehicle operators. (See fig.  17.) Sales of ATVs for use by children are covered by provisions in the  plans under which manufacturers and distributors agree to (1) refrain  from recommending, marketing, or selling adult-sized ATVs for use by  children younger than 16 years old and (2) monitor their dealers to check,  using independent investigators, whether dealers are willing to sell adult- sized ATVs for use by children and take action against dealers who  disregard the standard’s operator age recommendations. We were told that  many manufacturers and distributors use dealership agreements to  obligate dealers to comply with practices such as not selling adult-sized  ATVs for use by children. Furthermore, some manufacturers require their  dealers to have their customers sign statements at the time of sale  indicating that they have been informed and understand that children  should not operate adult-sized ATVs.
A Commission compliance official said that the Commission has the  authority to enforce the terms of ATV action plans. However, there are  several weaknesses in the Commission’s ability to enforce provisions of  the plans aimed at preventing the sale of adult-sized ATVs for use by  children. First, the Commission does not have direct recourse against ATV  retailers (dealers) under the action plans. The Consumer Product Safety  Improvement Act applies directly only to the manufacturers and  distributors who are responsible for ensuring that their dealers are not  selling adult-sized ATVs for use by children. Although many  manufacturers and distributors use dealership agreements to obligate  dealers not to sell adult-sized ATVs for use by children, the Commission  does not routinely require these agreements to be made available for its  inspection. In addition, these agreements are typically governed by state  law, which the staff indicated can make enforcement difficult because a  number of manufacturers and distributors specify in their action plans that  they will follow their plans only to extent allowed under state law.  Moreover, details about how manufacturers and distributors will use their  “best efforts” to prevent the sale of adult-sized ATVs by their dealers vary  from company to company. Another problem with enforcing the age  recommendations is that many retailers, such as sporting goods stores, sell  a variety of ATV brands and even if one manufacturer discontinues its  arrangement with that seller, the retailer can still sell several other brands.  Finally, most of the action plans are not publicly available, precluding  public examination of companies’ monitoring plans.
Although we found a broad consensus that children who operate adult- sized ATVs are at significant risk of serious injury or death, the ages  specified in the industry standard for operating ATVs of various sizes are  only recommended ages, which are reflected in warning labels and hang  tags. Adult-sized ATVs are designed for use by persons who are 16 years of  age or older, and are placarded as such. However, some 15-year-old  children are physically and mentally more mature than typical 16-year- olds; conversely, some 16-year-olds are not as physically or mentally  mature as typical 15-year-olds. The fact that adult-sized ATVs are designed  for persons who are at least 16 years old does not preclude their safe  operation by some 15-year-olds. Because the age provisions in the ATV  standard are recommendations, there are no specific age requirements  that the Commission could enforce. In addition, the Commission’s major  focus is on ensuring the safety of consumer products when used as they  are designed. Some products are not safe for children; some require a  higher level of mental and physical maturity than young children possess if  they are to be operated safely. These differences are taken into account in  determining whether a product is safe for use by those who are its  intended users. Although the Commission can sometimes act to  discourage unsafe use or products, it has limited ability to prevent product  misuse by purchasers, such as misuse of adult-sized ATVs by children  whose parents disregard the placards, training, and other safety warning  designed to put them on notice that operation of adult-sized ATVs by  children can be unsafe.
Industry officials said they are taking actions to prevent the sale of adult- sized ATVs for use by children and Commission staff said they have taken  steps to ensure compliance. During our discussions with three major  manufacturers, officials said the companies were monitoring their dealers  and had taken corrective action when dealers were found to have  disregarded the minimum age recommendations. Actions taken were said  to include financial penalties, attempted termination of dealership  agreements, and termination of dealership agreements. Since 1998,  Commission staff have conducted undercover inspections of ATV dealers,  by posing as buyers, to check compliance with the age recommendations.  Nevertheless, compliance rates of the ATV dealers that Commission staff  checked decreased from 85 percent in 1999 to 63 percent in 2007. (See  table 13 in app. IV for annual compliance rates.) A Commission  compliance official said no undercover inspections of dealers had been  conducted since early 2008 because Commission staff were focused on  preparing to implement the Consumer Product Safety Improvement Act,  but that inspections will be resumed in the future. According to  Commission staff, the agency expects manufacturers and distributors to  conduct at least 50 undercover checks of their dealers each year.  Manufacturers and distributors with recently approved ATV action plans  are also required to check each of their dealers at least twice a year.  Commission staff indicated that if a dealer is found to have committed  more than one violation, manufacturers and distributors should initiate  terminating their agreements with the dealer. were willing to ell lt-ized ATV for usy children if the customer retrned to the  tore the following week nd said the  vehicle were for the lt.
A saleperon  forth delerhip  initilly said tht he cold not ell lt-ized ATV for us child, but lter  asked the customer how mch he was  willing to pend nd then recommended lt-ized vehicle.
Because Commission staff had not conducted any undercover inspections  of dealers since 2008 and because the number of new entrants in the  marketplace that had not been checked (as of February 2010, 37  companies had ATV action plans authorizing them to sell ATVs in the  United States, compared with 8 companies in 2008), we conducted  undercover operations of selected dealers to check whether dealers were  willing to sell adult-sized ATVs for use by children under the age of 16. In  our undercover checks, we selected a variety of dealers who were selling  ATVs both in stores and through the Internet, including those selling ATVs  manufactured by new market entrants, focusing on dealers located in  some states with the highest numbers of ATV fatalities involving  children. We checked some retailers that exclusively sold a single brand  as well as other retailers, such as sporting goods stores that sold a variety  of brands. We followed the same protocol that Commission staff had use d  in their undercover dealer checks and indicated to sales staff that we were  seeking to purchase an ATV for a child who was 12 or 13 years old. We  found that most of the dealers we visited (7 of 10) were willing to sell  adult-sized ATVs for use by children. In addition to visiting 10 dealers’  stores, we sent e-mails to 6 dealers indicating that we were seeking to  purchase an adult-sized ATV for a child who was 13 or 14 years old. On these dealers responded to the e-mail by recommending an adult- sized  ATV; a salesperson from another dealer said she that liked an adult-sized  model, but did not explicitly recommend it for the child; and the othe dealers did not respond. The dealers who were willing to sell adult-sized  ATVs for use by children included retailers that sold ATVs made by the  traditional manufacturers and new market entrants as well as those that  sold a single brand and a variety of brands. In some cases, sales staff  subtly and in other cases blatantly admitted that they should not be selling  adult-sized ATVs for use by a 13-year-old, but would do so anyway. In  addition, one dealer we visited was selling ATVs manufactured by a  company without an ATV action plan.  (See sidebar on previous page for  examples.)
section_title: ATV Industry Officials and Safety Advocates Raised Additional Safety Issues
paragraphs: During our review, stakeholders raised additional issues involving ATV  safety that Commission staff could explore in carrying out the agency’s  oversight responsibilities. For example, officials from three major  manufacturers said their companies are no longer selling ATVs designed  for children 12 years of age and younger because of restrictions contained  in the Consumer Product Safety Improvement Act on manufacturing  children’s products containing lead. One company official said, for  example, there is no evidence that the small lead content in ATV  components presents, or has ever presented, any risk to child operators,  and that having fewer youth-sized ATVs on the market may result in more  children riding adult-sized ATVs, which could result in more crashes. The  Commission has granted a temporary stay of enforcement of lead content  limits for certain metal components of youth-sized ATVs to ensure that  such models remain available, given what it called the “mortal danger”  presented when children 12 years of age and younger use adult-sized  ATVs. However, an official from one manufacturer that has stopped  making ATVs for children 12 years of age and younger said that complying  with the lead requirements under the stay of enforcement is too  burdensome in terms of testing and reporting. A Commission compliance  official acknowledged that complying with the requirements under the  stay of enforcement is burdensome, but said that the agency needs an  adequate justification and record of support to provide the stay. An official  from another manufacturer that is still making ATVs for children 12 years  of age and younger said the company is meeting its obligations under the  stay by finding lead-compliant parts and, in some cases, redesigning  vehicles to make some lead-containing parts inaccessible, but is uncertain  whether such youth-model ATVs will be available that meet the  Commission’s interpretation of the law when the stay expires in May 2011.
Also during our review, stakeholders expressed various opinions on how  youth-sized and adult-sized ATVs should be classified. Some safety  advocates objected to the ATV standard’s classification of youth-sized  models by speed, rather than engine size. One consumer advocate, for  example, said that engine size is a better measure because it encompasses  power, vehicle size, and speed, compared with the single dimension of  speed, and that evidence is lacking that children can handle ATVs at the  speeds that the standard allows. Another consumer advocate said that the  standard does not limit ATV size in classifying youth models, which she  said is a factor in roll-over incidents. Moreover, a trail manager said that  children’s height and weight should be considered as well as age in  determining appropriate model sizes for youth. However, a manufacturing  official said that speed is a better classification measure because engine  size does not necessarily determine the top speed. A Commission official  also said an ATV that fits a child’s size may go faster than what someone  his or her age can handle. Furthermore, in 2006, when the Commission  proposed to categorize ATVs by engine size rather than speed, it indicated  that categorizing adult-sized ATVs on the basis of engine size restricted the  vehicles’ design and that engine size does not necessarily limit vehicle size  or regulate maximum unrestricted speed.
Some safety advocates also said that the size, power, and weight of ATVs  are increasing, which they believe has led to more crashes and more  severe injuries. An industry official also said that ATVs are becoming  larger and more powerful. However, Commission staff said they did not  have information that would document whether the size, power, and  weight of ATVs have increased and, if so, whether those changes had  increased the number or severity of injuries. An official from one  manufacturer said the power of sport ATVs and the weight and power of  utility ATVs have increased, but that the injury rate has dropped while  sales have increased during the past 5 years. According to Commission  staff, a 2001 injury and exposure study sponsored by the ATV industry in  consultation with Commission staff showed large increases in the  percentage of ATVs in use with engine sizes of 400 cubic centimeters or  more and the risk associated with that engine size class between 1997 and  2001. Commission staff added that the market has changed since 2001 and  that ATVs with both larger and smaller engine sizes now are now available  on the market, but they have not studied the impact of this market change  on the risk of injury or updated the 2001 study. Commission staff also said  that studying the relationship between the physical characteristics of ATVs  on the market and the risk of injury could be explored in any future  rulemaking. However, they said that given the time and resources needed  to conduct such a study, it would be important to first establish whether  such a study would be useful and necessary for providing information  about trends in injuries and fatalities and would help address the hazards  associated with riding ATVs.
In addition, some industry officials and a consumer safety advocate said  there is a risk of unsafe ATVs being imported into the United States. For  example, in May 2009, the Commission recalled an ATV made by a Chinese  company that did not have an approved action plan and sold for between  $250 to $350. An industry association official also said that it is possible for  a company to have an approved action plan, but not comply with the ATV  standard. A Commission compliance official said that the agency currently  is focusing on enforcing the action plans, rather than the standard, and  that the agency plans to increase testing of ATVs when it opens a new  testing facility next year. In addition, Commission staff said they are  addressing unsafe imports by providing lists of manufacturers and  distributors with approved action plans to U.S. Customs and Border  Protection so that unapproved ATVs will not be imported into the United  States. A Commission compliance official, for example, said that in  October 2009, U.S. Customs and Border Protection seized a container of  Chinese-made ATVs at the port of Houston that was being shipped from a  manufacturer that did not have an approved action plan and therefore was  prohibited from importing its products into the United States.
Moreover, a Commission compliance official noted that the Consumer  Product Safety Improvement Act gives the agency enhanced authorities  for overseeing ATV safety. This official said, for example, that before the  Consumer Product Safety Improvement Act was enacted, the Commission  was required to determine that unsafe products were defective and a  substantial product hazard, which is a longer and more difficult process  than stopping products from being imported that are unapproved or do not  meet mandatory product safety standards. This official also said that it is  now easier for the Commission to levy civil penalties against ATV  manufacturers and distributors for violating the act, but has not yet done  so. For example, Commission staff said that if manufacturers and  distributors violate their action plans, they are subject to civil penalties of  $100,000 per violation, up to $15 million, and criminal penalties of up to 5  years in prison. In addition, to help educate manufacturers about action  plan and manufacturing requirements, Commission staff have conducted  outreach efforts through public meetings and the Commission’s Web site,  and recently conducted a Chinese-language Webinar for Chinese  manufacturers.
section_title: Conclusions
paragraphs: The effect of possible recent increases in ATV size, power, and weight— which safety advocates and medical professionals say are factors in the  amount of energy released in collisions—on the frequency and severity of  injuries is unknown. It is possible that any increases in size, power, and  weight are too recent to be reflected in the latest fatality and injury data,  which are still being collected. Determining whether such a relationship  exists could help guide the Commission’s future rulemaking on ATV  safety.
Fatalities and injuries involving children have been a significant problem  over the last decade, with children accounting for about one-fifth of  fatalities and one-third of injuries. The Commission staff’s previous  undercover checks to determine whether dealers were willing to sell adult- sized ATVs for use by children, as well as our recent checks, indicate that  noncompliance is a persistent problem. Although it may be difficult for the  government, at the local, state, or federal level to determine whether  children are riding adult-sized ATVs, especially on private property,  manufacturers and distributors have agreed in their action plans that they  will not market, advertise, or sell adult-sized ATVs for use by children and  will monitor their dealers’ sales practices. Commission staff could assess  whether manufacturers and distributors are adequately monitoring their  dealers by resuming their undercover checks of dealers and targeting new  market entrants that have not yet been checked.
Given that a substantial number of dealers that the Commission checked  and the majority of dealers that we checked were willing to sell adult-sized  ATVs for use by children, the Commission’s approach to preventing such  sales appears to be relatively ineffective. Allowing the manufacturers and  distributors to use nonspecific and conditional language in their action  plans to describe how they will enforce dealer compliance with the age  recommendations; not requiring manufacturers and distributors to make  dealership agreements available for the Commission’s inspection; and not  making all of the action plans publicly available weaken the Commission’s  ability to enforce provisions of the action plans aimed at preventing the  sale of adult-sized ATVs for use by children. Addressing these problems  could help prevent the sale of adult-sized ATVs for use by children.
section_title: Recommendations for Executive Action
paragraphs: To enhance the Consumer Product Safety Commission’s oversight of ATV  safety, we recommend that the Commission take the following three  actions:  First, when sufficient data are available, assess whether the size, power  and weight of ATVs have increased in recent years and, if so, whether and  how those increases correlate with the severity of injuries. Commission  staff should consider the results of this assessment in the agency’s future  rulemaking on ATV safety issues.
Second, resume undercover checks of ATV dealers, focusing on new  market entrants, which have not been tested, to assess dealers’ willingness  to sell adult-sized ATVs for use by children.
Third, consider how the Commission’s enforcement of the age  recommendations can be strengthened and act accordingly. Options could  include, but are not limited to, requiring ATV manufacturers and  distributors to (1) provide more specific language about how they will  enforce their dealers’ compliance with the age recommendations and (2)  make dealership agreements with dealers available for Commission staff  to inspect how the agreements address the age recommendations. In  addition, the Commission could consider making all of the action plans  publicly available.
section_title: Agency Comments and Our Evaluation
paragraphs: We requested comments on a draft of this report from the Chairman of the  Consumer Product Safety Commission. In response, a Commission official  said that the report presented the information in a clear and well- organized manner and that the Commission accepts our  recommendations. Commission staff provided some technical comments  and clarifications that we incorporated.
We are sending copies of this report to congressional subcommittees with  responsibilities for consumer product safety; the Director, Office of  Management and Budget; and the Chairman of the Consumer Product  Safety Commission. In addition, this report will be available at no charge  on GAO’s Web site at http://www.gao.gov.
If you or you staff have any questions regarding this report, please contact  me at (202) 512-2834 or flemings@gao.gov. Contact points for our Offices  of Congressional Relations and Public Affairs may be found on the last  page of this report. Key contributors to this report are listed in appendix V.
section_title: Appendix I: Scope and Methodology
paragraphs: For background information on all-terrain vehicles (ATV), we reviewed  descriptive information about the vehicles, including the sales price,  engine size, and weight of various models. In addition, we reviewed the  regulatory and legislative history concerning ATVs, including the  Consumer Product Safety Commission’s (Commission) regulatory  authorities and safety oversight efforts; relevant provisions of the  Consumer Product Safety Improvement Act of 2008; and the 1988 consent  decree between the government and ATV manufacturers. To describe  recent changes in the ATV marketplace, we obtained from Power Products  Marketing, a research and consulting firm, U.S. sales data from 2004  through 2008, broken down by sales of youth models and sales made by  traditional and nontraditional (Chinese and Taiwanese) manufacturers.  We also obtained information from Commission staff on the number of  manufacturers and distributors that may legally sell their products in the  United States and estimates of the number of ATVs in use from 1999  through 2008. For demographic information on ATV owners, we reviewed  the results of a nationwide survey that the Motorcycle Industry Council  conducted with the Specialty Vehicle Institute of America in 2008. We  discussed with officials from Power Products Marketing, Commission  staff, and the Specialty Vehicle Institute how their data were collected and  determined that the data were sufficiently reliable for our purposes.
To identify how ATVs are used and the advantages of their use, we  interviewed industry officials, manufacturers, a dealer, and users, such as  advocacy groups, trail managers, and industry groups and government  agencies that use ATVs at work. We also analyzed the results of the  Motorcycle Industry Council’s 2008 survey of ATV owners to determine  the extent to which these vehicles are used for recreation and work and  the reported advantages of ATV riding. We reviewed the methodology used  to conduct the survey and determined that the process was sufficiently  reliable for our purposes. In addition, we reviewed studies conducted  during the last 5 years on the uses of ATVs and the economic impact of  riding on areas surrounding ATV trails. Lastly, we visited Alaska and West  Virginia because ATVs are used widely in these states. To document how  ATVs are used for daily transportation, we visited a remote community in  Alaska and spoke with its community leaders. In West Virginia, we visited  a major ATV trail system and spoke with community business owners to  obtain information on the economic impact of trail riding.
To identify the nature, extent, and costs of fatalities and injuries, we  reviewed studies conducted during the last 5 years. In addition, we  reviewed ATV fatality and injury data that Commission staff collected for  1999 through 2008, assessed their quality, and identified trends, including  trends involving children, engine size, and helmet usage. We discussed  with Commission staff how they collected the fatality and injury data and  estimated the numbers of fatalities and injuries, and determined that these  data were sufficiently reliable for our purposes. Furthermore, we  interviewed industry officials, user groups, consumer safety advocates,  public health officials, and medical professionals about the causes of ATV  fatalities and injuries and efforts to prevent them, including training and  education. In addition, during our visits to Alaska and West Virginia, we  discussed crash and injury prevention efforts with ATV users and dealers,  public health officials, and other state government officials. Moreover,  because Commission staff had not conducted any undercover inspections  of dealers since 2008 and because the number of new entrants in the  marketplace has recently increased, we conducted undercover checks at  10 dealers’ stores in 4 states and attempted to contact 6 dealers by e-mail  to assess their willingness to sell adult-sized ATVs for use by children. For  our undercover checks, we selected a variety of dealers, focusing on those  selling ATVs manufactured by new market entrants and dealers located in  states with the highest numbers of ATV fatalities involving children, both  in stores and through the Internet. We used the same protocol that  Commission staff had used in their undercover checks.
section_title: Appendix II: ATV Fatality and Injury Data
paragraphs: This appendix presents various ATV fatality and injury statistics and  estimated associated crash costs.
section_title: Appendix III: State ATV Laws
paragraphs: This appendix provides information on the major provisions of state ATV  laws as reported by the Specialty Vehicle Institute of America. However, in  many cases, the requirements apply only in narrow circumstances,  particularly with respect to requiring motor vehicle licenses to drive ATVs.  See the table notes for more information about the types of exemptions  allowed under these laws.
section_title: Appendix IV: Dealer Rates of Compliance with Age Recommendations from the Commission Staff’s Undercover Checks
section_title: Appendix V: GAO Contact and Staff Acknowledgments
subsections: section_title: GAO Contact
section_title: Staff Acknowledgments
paragraphs: In addition to the individual named above, James Ratzenberger (Assistant  Director), Anne Dilger, Grant Fleming, Virginia Flores, Tim Guinane,  Matthew Harris, Kenneth Hill, Bob Homan, Bert Japikse, Tara Jayant, Sara  Ann Moessbauer, Josh Ormond, and Dae Park made significant  contributions to this report.