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CPSC H.R. 4040
In its latest government relations
bulletin the Motorcycle Industry Council reported on recent
Consumer Product Safety Commission’s (CPSC) ATV legislation: the
Consumer Product Safety Improvement Act of 2008 (H.R. 4040). It
reads as follows:
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H.R. 4040
(Rep. Rush, D-IL) – “Consumer Product Safety Improvement Act
of 2008.”
Requires CPSC to publish as a
mandatory consumer product safety standard American National
Standard ANSI/SVIA-1-2007, 90 days after effective date of law
(8/14/08). Standard shall take effect 150 days after publication.
Prohibits manufacturer or distributor from importing or
distributing into commerce any ATV unless it complies with the
standard, is subject to an ATV action plan approved by CPSC and
bears label certifying such compliance and identifying
manufacturer, importer or private labeler and ATV action plan to
which it is subject and manufacturer or distributor is in
compliance with all provisions of applicable ATV action plan.
Action plan shall describe actions manufacturer or importer agrees
to take to promote ATV safety, including rider training,
dissemination of safety information, age recommendations, other
policies governing marketing and sale of ATVs, monitoring of such
sales and other safety-related measures. Allows ATVs that comply
with the standard to incorporate characteristics or components not
covered by the standard. Provides that if ANSI/SVIA-1-2007 is
subsequently revised, ANSI shall notify CPSC and within 120 days
after it receives notice, CPSC shall issue NPRM to amend standard
to include any such revision that it determines is reasonably
related to safe ATV performance and notify ANSI of any provision
it has determined not to be so related. CPSC shall promulgate an
amendment to the standard within 180 days after NPRM publication.
Allows CPSC to amend standard to include any additional provision
it determines is reasonably necessary to reduce unreasonable risk
of injury associated with ATVs. Prohibits importation or
distribution of 3-wheeled ATVs until mandatory standard applicable
to 3-wheeled ATVs is in effect. Requires CPSC to issue final rule
in its proceeding entitled “Standards for ATVs and Ban of
Three-wheeled ATVs.” In final rule, CPSC may provide for a
multiple factor method of categorization that, at a minimum, takes
into account: 1) ATV weight; 2) ATV maximum speed; 3) velocity at
which ATV of a given weight is traveling at maximum speed; 4) age
of children for whose operation ATV is designed or who may
reasonably be expected to operate ATV; and 5) average weight of
children for whose operation ATV is designed or who may reasonably
be expected to operate. In the final rule, CPSC, in consultation
with NHTSA, shall review the standard and establish additional
safety standards for ATVs to the extent necessary to protect the
public health and safety. As part of its review, CPSC shall
consider, at a minimum, establishing or strengthening standards on
suspension, brake performance, speed governors, warning labels,
marketing and dynamic stability. Requires Comptroller General
(GAO) to conduct study of utility, recreational and other benefits
of ATVs and costs associated with ATV-related accidents and
injuries. Reauthorizes CPSC and increases authorized funding
amounts. Extends CPSC temporary 2-person quorum for one year after
enactment. Restores CPSC to 5 Commissioners one year after
enactment. Prohibits sale or export of recalled products.
Increases maximum civil penalties for violations under the
Consumer Product Safety Act from $1.825 million to $15 million for
aggregate violations and from $5,000 to $100,000 per violation.
Requires CPSC to establish and maintain public database on reports
of harm related to use of products received from consumers,
government agencies, health care professionals, etc. Allows state
attorneys general to enforce product safety laws. Provides
whistleblower protections for employees.
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Status &
Comment: LAW. P.L. 110-314.
Passed House 12/19/07. Senate
incorporated S. 2663 as an amendment in the nature of a
substitute, then passed H.R. 4040 on 3/6/08. Conference Cmte.
resolved significant differences between House-passed and
Senate-passed versions. Conference Cmte. version passed House
7/30/08 & passed Senate 7/31/08. Signed by President 8/14/08.
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THE YEAR AHEAD
From the staff of ATV/UTV-Industry
magazine: We are interested in gathering and publishing
information obtained from ATV and UTV product manufacturers and
distributors regarding predictions for their companies and the
ATV/side-by-side market in 2009. Interested parties may submit
their expectations, goals, evidence, etc., in writing for “The
Year Ahead” to editorial@mimag.com. Dealers: keep an eye out for
this article to be found in our upcoming January 2009 issue of
ATV/UTV-Industry magazine.
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KYMCO RECALLS
ATVS
KYMCO USA Marketing
Communications Manager Rick Pawelka reported the company has
issued a voluntary recall alert for about 1,700 2008 model year
Mongoose youth ATV models. “A manufacturing defect in the
carburetor can cause the throttle to stick open, posing a risk of
serious injury or death to the rider,” described Pawelka. This
recall includes 2008 Mongoose 50cc, 70cc and 90cc youth ATVs, he
added, which were sold through KYMCO dealers nationwide from
August 2007 through June 2008 for between $1,700 and $2,100. No
injuries have been reported, but consumers should immediately stop
using these vehicles and contact an authorized KYMCO dealer to
schedule a free repair, Pawelka concluded.
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NAME CHANGE
FOR MATTRUCK
“MATTruck, LLC, headquartered in
Oxford, MS, has changed its company name to SARGE Motors, LLC,”
reported Director of Marketing Bill Fye, who added the company’s
introductory vehicle will no longer be known as the MATTruck but
rather the SARGE. CEO Hal Ferrell continued by saying, “Our
company vision extends beyond just the one offroad vehicle we have
referred to as the MATTruck, so it makes sense to change the
company name to reflect that. To take that one step further, we
hope the vehicle’s new name ‘SARGE’ can establish a theme
that can be drawn upon to name future products; We had realized
that MATTruck, as a vehicle name, just didn’t lend itself to
that.”
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FLORIDA ISSUES ATV BAN
All-terrain vehicles
(ATV) have been banned from over 700,000 acres and on the levees
serving as boundaries for the four wildlife areas in South
Florida, stated the South Florida Sun-Sentinel. The paper told us
law enforcement officers with the Florida Fish and Wildlife
Conservation Commission said there are too many ATV riders harming
the habitat by speeding, carving muddy trails and leaving trash
behind. “The problem has gotten worse as the number of ATVs has
increased in recent years,” the Sun-Sentinel added.
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KAWASAKI ATVS
RECALLED
The U.S. Consumer Product Safety
Commission issued a voluntary recall of Kawasaki 2008 model year
ATVs due to a speed control problem, stated an online news site.
“The KFX 50 and KFX 90 youth ATVs can have problems returning to
idle ... About 6,000 of the ATVs imported by Kawasaki Motors
Corp., U.S.A., of Irvine, CA, were sold from August 2007 through
June 2008 for $1,750-$2,200,” the site explained. Consumers are
reportedly asked to stop using these vehicles and to contact an
authorized Kawasaki dealer to schedule a free repair.
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HONDA RECALLS ATVS
“Honda ATVs have been recalled because of a defect that could
cause them to lose steering control,” announced NewsInferno.
com. The site told us the steering defect, which affects roughly
1,400 model year 2008 Honda TRX500 ATVs, has not resulted in any
reported injuries at press time. “The CPSC says the electric
power steering shaft of the recalled ATVs could break
unexpectedly, resulting in the rider’s losing steering
control,” said NewsInferno.com, which could pose a risk of
injury or death to riders. Consumers are urged to stop using
these recalled vehicles and to contact any Honda ATV dealer to
make an appointment for a free repair, it concluded.
TITAN IMPLEMENTS PRICE INCREASE
Titan International Communications Coordinator Courtney Leeser
reported Titan Tire Company, a subsidiary of Titan
International, plans to implement a price increase on Titan
branded off-the-road (OTR), farm and construction tires starting
Jun. 1, 2008. “The increase will range from 4 percent to 35
percent to offset rising natural and synthetic rubber, carbon
black, fabric, energy and transportation costs,” Leeser
explained.
NEW FLORIDA LAW TARGETS YOUNG
ATV DRIVERS
“A new state law that takes effect July 1 requires anyone
under 16 who operates an off-highway vehicle on public lands to
complete an approved safety course in Florida or another
jurisdiction and have the certificate with them,” informed the
Pensacola News Journal. The paper explained the law was passed
by the Florida Legislature in 2007, but gave young riders a year
to comply with the new training requirement. “The state has
adopted two nationwide programs, the ATV Safety Institute and
The Dirt Bike School, as the premier training curriculum for
youth under the age of 16 to take in order to legally ride on
public lands,” the Journal added.
POLARIS FILES LAWSUIT AGAINST
HSBC
Polaris Industries CEO Tom Tiller reported the company has filed
a lawsuit against HSBC Bank Nevada, National Association (HSBC).
“HSBC claimed that it was no longer satisfied with its
profitability from the 2005 contractual arrangement currently in
place under which it provides revolving retail credit financing
for Polaris products,” Tiller stated. HSBC reportedly
threatened to significantly tighten underwriting standards and
this tightening would have resulted in the reduction of the
number of qualified customers that would be able to buy
Polaris’ products. “While we are clearly not pleased with
this development, we are confident we can overcome this
reduction in financial services income for 2008, based on our
performance [in the first] quarter and our expectations for the
remainder of the year,” Tiller added.
BRC FIGHTS AGAINST CLEAR CREEK
CLOSURE
“Recreation groups expressed dismay at the surprise
announcement that federal agencies are closing approximately
31,000 acres of public land in Central California,” stated Don
Amador, western representative for the BlueRibbon Coalition. He
told us the land is part of the Clear Creek Management Area (CCMA),
located in San Benito County and managed by the Bureau of Land
Management (BLM) and it is one of the most popular off-highway
vehicle recreation sites in the West. The BLM reportedly
announced it would immediately close almost half of the CCMA as
a result of a new EPA report, which is said to contain
allegations of an increased long-term cancer risk association
with recreational activities in the CCMA, due to the presence of
a form of naturally occurring asbestos known as Coalinga
chrysotile. “Despite years of study and intensive use of the
area, EPA’s latest report apparently makes new findings that
determine the risk levels to be above the range that EPA
considers acceptable,” Amador stated, adding, “We dispute
not only these findings, but the manner in which they have been
presented and imposed upon the public ... The simple fact is
that asbestos-related diseases do not show up in any of these
populations. We are reviewing the EPA report to see what compels
this new finding and immediate closure, but anticipate taking
quick and decisive action.”
OHIO PASSES SENATE BILL 209
Ohio Governor Ted Strickland signed into law Senate Bill 209,
which restores all-purpose vehicle (APV) registration
reciprocity in the state, according to ATVA News. It added that
owners of OHVs registered in other states can now ride in Ohio
without having to get an Ohio APV registration. “Indirectly,
the bill also allows Ohio residents to ride Ohio registered
vehicles in certain other states without having to register
their vehicles in those states,” explained ATVA News. The bill
also reportedly requires the Ohio Department of Natural
Resources to issue permits to persons with disabilities to allow
them to hunt in public wildlife areas with electric-powered
all-purpose vehicles, or motor vehicles and modifies criminal
law to permit hunting from these vehicles.
ATV
News December 07
- ATV
News January 08
- ATV
News February 08
- ATV
News March 2008
- ATV
News April 2008
- ATV News
May 200
ATV News January O7
ATV RUSTLERS IN ALABAMA
The Montgomery, AL, Advertiser
reported the theft of 4 hunters' ATVs out of the woods. The thief or
thieves unknown allegedly used the hunters' 16-foot trailer for the
dirty work. The paper reported the Autauga County Sheriff's office was
familiar with the scenario: “We tell people to put a mark somewhere on
the frame with an electric pencil or grinding tool,” Sheriff Herbie
Johnson told the Advertiser. Johnson also said it was difficult
to trace stolen ATVs because they are not required to be registered with
the state. Multiple sheriffs' departments in the area reported to the Advertiser
they see a spike in ATV thefts in hunting season, owing to the presence
of the machines unattended in remote spots. “Most of the time people
just ride the roads looking for ATVs,” Rick Lowery, chief deputy of
the Elmore County Sheriff's Office, told the paper. “It doesn't take
long for two men to put one in a pickup truck and leave the area.”
Lowery recommended keeping ATVs out of sight and secured, plus locking
gates and fence gaps.
The Fond du Lac (WI) Town Board recently
turned down a proposal to build a new ATV/snowmobile track at the local
Fondy Sports Park, according to the Fond du Lac Reporter. Board
Chairperson Harold Manske cited incorrect zoning at the sports park, the
paper said. Park owner Mike Maly told the Reporter most who
opposed the track did so based on the perceived noise issue. But Maly
asserted the idea is not dead: “I think we need to talk to the
neighbors and find out what they think is feasible,” he said, adding
that noise from the track would not be a nuisance.
WEST VIRGINIA EYES ATV LAW CHANGES
The West Virginia State Police ATV
Committee is recommending banning ATVs from paved state roads and
replacing a 2004 “complex, convoluted, inept law” with a new vision,
according to the Bluefield (WV) Daily Telegraph editorial page.
According to the newspaper, the committee also recommends mandatory
helmets for all riders, upped penalties for fleeing on an ATV, plus
title and registration for ATVs with the registration displayed.
Opposition to the suggestions surfaced from committee co-chairman
delegate Dale Martin (D-Putnam) who expressed concern about what the
proposals would mean for activity on the Hatfield-McCoy Trails in
southern West Virginia, the Daily Telegraph reported. The
editorial page endorsed the police recommendations, citing rider safety.
Police in Wichita Falls, KS, recovered 10
ATVs recently stolen from D&D Enterprise, among other items, but the
story did not have an entirely happy ending, according to the KSWO TV
News Web site. The station reports the vehicles' keys were missing and
new ignition systems will be required. No dollar amount was placed on
the work. The station reports, however, that police were closing in on
the thieves.
WEST VIRGINIA MULLS NEW ATV REGS
West Virginia state legislators convened
recently to review two proposals to tax and regulate all-terrain
vehicles, according to the West Virginia Gazette. One proposed
bill would fine-tune the state's safety regulations, and the other would
require ATV owners to get permits for the vehicles. Legislators had
previously agreed to study West Virginia's two-year-old ATV safety law
after 40 people died in 2005. Fifty-four people have died on ATVs in
West Virginia in 2006, the paper reported. No action had been taken as
of presstime.
A former star ATV rider has fallen from
the winner's circle and now battles to make a comeback. And whether he
succeeds or not is in the palm of your hand. SONY has released ATV
Offroad Fury 4 for its new PlayStation console, according to Internet
sources. There are several races to compete in, reports Daily Game,
a Web site devoted to computer gaming. “The different track terrains
are rendered with a good amount of detail and come across as impressive
in this age of next-gen hardware and software,” reports Daily Game.
Courses feature arena style, dirt, mud, pavement and elevation changes, Daily
Game says, opining, “The courses, in fact, are the real fun of
this game.” Visit www.dailygame.net
for the full review.
ONLINE COMMUNITY WANTS TOUGHER REGS
A Billings Gazette blog,
GazOutdoors, recorded 41 answers to its online poll question: Should
stricter rules be drawn up for ATV use on both public and private lands
during hunting season? The blog reports 68 percent were in favor of
tighter regulations, while 32 percent said “no.” One rider told the
blog, “It's not the ATVs that are the problem, it's the riders.”
Said another: “I think most of the existing rules are fine; they just
need to be enforced. It is not going to matter if the rules get stricter
if there is no one to enforce them.” And a third weighed in: “ATV
use should be 10 a.m. to 2 p.m. for game removal only on all secondary
roads on public land.”
Polaris Industries announced
organizational changes that mean a staff reduction of 53 salaried
positions and 24 temporary slots, as well as intern and contractor
positions around the world, or 2 percent of the company's workforce.
Polaris said the move will help the firm “strengthen performance in
the increasingly competitive ATV category.” The changes are slated to
take place over the next 12 to 15 months. “This was not an easy
decision,” said Polaris Industries CEO Tom Tiller. “However, we're
facing a tougher external environment in the ATV, international and
snowmobile markets and need to realign resources throughout the
organization.”
NEW MARKETER FOR UM RACING
Motorcycle Stuff announces it is now
marketing Universal Metal (UM) Racing products. UM specializes in
aftermarket products and manufactures a variety of ATV products,
including wheel spacers, says spokesperson Ashlie Smith. According to
Smith, UM Wheel Spacers give quads more stability and better handling
“without breaking your wallet... a low-cost alternative to swing axles
and A-arms.” The wheel spacers are reportedly made from urethane
elastomer with titanium and graphite and are available in 1 1/2- and 2
1/2-inch widths.
ARCTIC CAT DEBUTS CATALOG
Arctic Cat has released its 2007 catalog
online. The site is consumer-friendly, with plenty of big pictures of
the merchandise, plus the data consumers and retailers need. The list of
offerings includes cargo trailers, winches, windshields, brush bumpers,
cargo boxes, gun scabbards, rack baskets and more, including hunting
blinds that quickly conceal both ATV and hunter. The Arctic Cat
Speedtrack brand is well represented, along with other manufacturers'
products. For more information, visit www.arcticcat.com.
KYMCO USA UPS WEB PRESENCE
KYMCO USA has introduced its downloadable
ATV product line on the Web in a new detail-rich format. In addition to
pictures and descriptions of the KYMCO Mongoose and MXU ATV lines, the
site offers an easy-to-scan technical readout at the bottom with
information on brakes, electronics, dimensions, suspension,
instrumentation and load capacity, etc. The address: www.kymcousa.com.
MAGAZINE FISHES ALASKA BY ATV
Field & Stream, which bills
itself as the worlds leading outdoor magazine features “One Wild Ride:
Fishing Alaska by ATV,” in a story it published online in November,
written by Kirk Deeter with photos by Keith Mulligan. Deeter writes,
“A quad can be your ride to an incredible amount of pristine fishing
in Alaska. But if you're going… Be honest with yourself. Know what
your skills are, and don't get in over your head. The Alaska wilderness
is a bad place to break down, and a worse place to get hurt. Backcountry
ATVing takes experience and technical skill and can at times be
physically challenging. It is, however, very possible for a novice to
tackle this adventure, as long as she or he has an experienced
companion.” The magazine devotes 17 pages to the adventure and there's
how-to-do-it help, as well.
PIERCE COUNTY GETS AN ASSOCIATION
The River Falls (WI) Journal
reports that, having missed the boat on its own ATV association until
now, Pierce County is making strides to join the club.
“Surprisingly,” the paper reports, “until recently, Pierce County
was one of three area counties (also including St. Croix and Pepin) not
to have one [an ATV association].” The Journal reports through
the new association's founders the number of ATVs registered in Pierce
County surpassed the number of snowmobiles for the first time in 2006.
The goal, according to association organizers who spoke to the paper,
was to have a winter trail up-and-running by 2007. For more information,
visit: www.piercecountyatv.org.
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